HomeMy WebLinkAboutCity Council - 04/07/2026Eden Prairie City Council Workshop Agenda
5:30 p.m. Tuesday, Mar. 3, 2026
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
WORKSHOP AGENDA
Heritage Rooms
1. Elections Overview – City Clerk David Teigland
2. Private Well Discussion
Council Chambers
3. Open Podium
4. Adjournment
Eden Prairie City Council Meeting Agenda
7 p.m. Tuesday, Apr. 7, 2026
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, Police Chief Matt
Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City
Attorney Maggie Neuville
MEETING AGENDA
I. Call the Meeting to Order
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. Adopt Resolution accepting anonymous donation of $50,000 toward Eden Prairie
Arts Center Internship Program
B. Adopt Resolution accepting 2026 winter donations to Parks and Recreation
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, March 3, 2026
B. City Council Meeting held Tuesday, March 3, 2026
VII. Consent Calendar
A. Clerk’s List
CITY COUNCIL MEETING AGENDA
April 7, 2026
B. Prairie Village SE Building by Kimley Horn. Adopt Resolution for Site Plan Review
on 0.23 acres, approve Development Agreement
C. Adopt Resolution and authorize entry into labor agreement with International
Association of Firefighters (IAFF)
D. Costco Development Agreement Amendment by Costco. Approve Development
Agreement amendment
E. Approve 2025 unbudgeted fund transfers
F. Approve standard construction contract for Dorenkemper House Improvements
with Hamburg Builders Group
G. Award contract for the 2026 Riley Lake Jacques Barn parking lot reconstruction to
Minnesota Roadways, Co.
H. Approve professional services agreement for 2026 Lake Monitoring Program with
Blue Water Science
I. Approve professional services agreement for 2050 Comprehensive Plan
Transportation Chapter with SRF Consulting
J. Award contract for 2026 Surface Seal Project to Corrective Asphalt Materials, LLC
K. Approve professional services agreement for Purgatory Creek Bridge design with
Bolton & Menk, Inc.
L. Award contract for 2026 Pavement Rehab Project to Bituminous Roadways, Inc.
M. Approve professional services agreement for 2026 pavement rehab construction
material testing with Braun Intertec Corporation
N. Award contract for 2026 curb and gutter replacement to JL Theis, Inc.
O. Award contract for 2026 Americans with Disabilities Act (ADA) Pedestrian Ramp
Improvement Project to Concrete Idea, Inc.
P. Approve construction contract for city manhole rehabilitation with Summit
Infrastructure
Q. Approve professional services agreement for Geothermal HVAC Project with
Advanced Engineering and Environmental Services, LLC.
R. Approve Juvenile Liaison Officer Agreement with Independent School District No.
272
CITY COUNCIL MEETING AGENDA
April 7, 2026
S. Approve towing services agreement renewal between City of Eden Prairie and
Allen’s Service Inc, DBA Matt’s Auto Service
VIII. Public Hearings and Meetings
A. Chestnut Townhomes by Red Tail Residential. Adopt Resolution for
Comprehensive Plan amendment from Medium High Density Residential to
Medium Density Residential on 5.72 acres, adopt Resolution in support of park
dedication fees
B. Adopt Resolution approving the use of 2026 CDBG funds as recommended by the
Eden Prairie Human Services Review Committee
IX. Payment of Claims
X. Ordinances and Resolutions
XI. Petitions, Requests and Communications
XII. Appointments
XIII. Reports
A. Report 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
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Proclamations and Presentations
Item Number: IV.A.
Department: Parks and Recreation Department
ITEM DESCRIPTION
Eden Prairie Arts Center Internship Program anonymous donation of $50,000.
REQUESTED ACTION
Move to: Adopt a Resolution accepting the following donation:
• Anonymous Donation- $50,000 Eden Prairie Arts Center Internship Program
SUMMARY
The Eden Prairie Arts Center is a community-focused hub that offers creative programs for all
ages and skill levels, from toddlers to seniors. The building was generously donated to the City
in 2008, and continues to grow in programs, camps, events, and artists visits. To foster its
commitment to careers and leadership in the arts, an Arts Internship Program has been
developed, and an anonymous donation of $50,000 committed for two years to support it. The
position will be a year-round internship that will offer a wide breath of experience in visual and
performing arts, programming, events, marketing, center management, and creative
storytelling to help foster a bridge between the center and the diverse community it serves.
ATTACHMENTS
Resolution
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED, the anonymous gift to the Eden Prairie Arts Center of $50,000 is hereby
recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Proclamations and Presentations
Item Number: IV.B.
Department: Parks and Recreation
ITEM DESCRIPTION
2026 Winter quarter donations to the Parks and Recreation Department
REQUESTED ACTION
Move to: Adopt a Resolution accepting the following donations:
• Custom Care Mobility - $250 – Senior Center Events
• Summit Place Campus - $400 – Senior Center Events
• Synergy Home Care - $250 – Senior Center Events
• St. Croix Hospice - $175 – Senior Center Events
• Landmark - $200 – Senior Center Shred Truck Event
• Wall Trends Inc. - $200 – Hometown Celebration
• Bright Star Care - $200 – Senior Center Events
• Joyful Companions - $50 – Senior Center Bingo
• Choice Connections - $250 – Senior Center Events
• Joanne Wilson - $200 – Donation to Senior Center
• Home Watch Caregivers - $100 – Senior Center’s Senior Awareness Dinner
• Lions Tap - $2,000 – Evenly Split Between All Parks and Recreation Events
SUMMARY
These donations, totaling $4,275, will help Eden Prairie’s mission to provide quality special
events, programs, and educational activities at little or no cost to residents.
ATTACHMENTS
Resolution
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City of $250 from Custom Care Mobility for Senior Center events is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $400 from Summit Place Campus for Senior Center events is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $250 from Synergy Home Care for Senior Center events is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $175 from St. Croix Hospice for Senior Center events is hereby recognized
and accepted by the Eden Prairie City Council.
The gift to the City of $200 from Landmark for Senior Center Shred Truck Event is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $200 from Wall Trends Inc. for Hometown Celebration is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $200 from Bright Star Care for Senior Center events is hereby recognized
and accepted by the Eden Prairie City Council.
The gift to the City of $50 from Joyful Companions for Senior Center Bingo is hereby recognized
and accepted by the Eden Prairie City Council.
The gift to the City of $250 from Choice Connections for Senior Center Events is hereby
recognized and accepted by the Eden Prairie City Council.
The gift to the City of $200 from Joanne Wilson for the Senior Center is hereby recognized and
accepted by the Eden Prairie City Council.
The gift to the City of $100 from Home Watch Caregivers for Senior Center’s Senior Awareness
Dinner is hereby recognized and accepted by the Eden Prairie City Council.
The gift to the City of $2,00 from Lions Tap for all Parks and Recreation events is hereby
recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this April 7th of 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Eden Prairie City Council Workshop Agenda
5:30 p.m. Tuesday, Mar. 3, 2026
City Center Heritage Rooms, Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan,
and Lisa Toomey
City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development
Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott
Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City
Attorney Maggie Neuville, and Recorder Sara Potter
Guest Speakers: Planning Commission Chair Andrew Pieper, Planning Commission Staff Liaison Jeremy
Barnhart, Parks, Recreation and Natural Resources Commission Chair Patrice Erickson
WORKSHOP AGENDA
Heritage Rooms
1. Planning Commission Work Plan
Getschow introduced Planning Commission (PC) Chair Andrew Pieper and PC Staff Liaison Jeremy
Barnhart. Case commented that Piper has served as Chair for eight years and thanked Pieper for his
time. Pieper shared the PC’s Charter Statement to provide an open process and balanced review of
development proposals. Pieper shared the PC Members for 2025 and thanked Barnhart for his help as
Staff liaison.
Pieper explained the PC reviewed five comprehensive plan amendments and eight developments in
2025 including Roers EP Apartments, Valley View Development, Veridian Credit Union, Wings Credit
union, and Aspen Estates. Piper shared photos of each development proposal and information about
each project’s number of residential units, affordable units, Electric Vehicle (EV) charging stations, and
trail amenities. The PC used to request EV charging stations, nowadays EV chargers are often
automatically included by the developer. The Valley View Development Residence Inn preserved many
acres of open space. Pieper detailed the Aspen Estates assisted living development project, featuring 50
units on Aztec Drive. Case asked if ground had broken on this project. Barnhart confirmed this project
broke ground in late 2025.
Pieper detailed focus areas coming up including reviewing new development and redevelopment
applications, the 2050 comprehensive plan update, zoning code amendments, and training in new
planning commission members. Pieper explained serving as a PC member is easy in a well-run City with a
civic minded Council. Case asked what Pieper’s biggest hope for Eden Prairie in the next 25 years is.
Pieper stated he is interested in seeing the light rail completed. The City has done an excellent job of
planning for the light rail. Case shared the light rail has cost $2.8 billion to build, but it has already
generated $6.2 billion of new development along the light rail line.
Case explained a housing bill is currently being evaluated in the legislature that includes items such as
Accessory Dwelling Units and allowing multifamily residential properties in commercially zoned areas.
Many of the bill components from prior sessions the City disagreed with have been removed. Getschow
explained the bill is less concerning for Eden Prairie as the City is almost completely built out. Eden
Prairie already allows multifamily residential properties in commercially zoned areas.
2. Parks, Recreation, and Natural Resources Commission Work Plan
Getschow introduced Parks, Recreation and Natural Resources Commission (PRNRC) Chair Patrice
Erickson. Erickson explained the Parks and Recreation department offers many events, programs, and
activities for all ages, cultures, interests, and seasons. Erickson outlined the PRNRC members and
student members. Case asked how many student members attend meetings. Markle stated usually four
to eight student members attend. Erickson detailed 2025 PRNRC accomplishments including a new
athletic facilities policy, aiding the design of a new bike park at Cedar Hills Park, and a new scholarship
program for summer staff. The Parks and Recreation department received over $33 thousand of
donations in 2025. Narayanan asked for details on the scholarship program for summer staff. Markle
explained this is a scholarship opportunity for summer playground staff who are pursuing a degree
working with children. Narayanan asked how many recipients were chosen. Markle confirmed two
recipients received $1 thousand each.
Erickson explained other topics discussed by the PRNRC. Each month Parks staff present on topics such
as the Art Center and Outdoor Center. New PRNRC members are always surprised with how many
facilities, trails, and buildings the Parks and Recreation department maintains. Case shared there are 276
trail miles within the City. Narayanan asked if Eden Prairie has the most miles of trails. Case noted if Eden
Prairie doesn’t have the most its close. Erickson explained the PRNRC did a deep dive of Quality of Life
survey results in June. Eden Prairie parks are always rated very highly.
Erickson noted the Senior Center offers many programs and has over 20 thousand visitors per year.
Other topics discussed by the PRNRC include aquatics facilities and programming and ice rink activity.
The PRNRC also recapped summer programming, youth programming, theater productions, and the
Community Band. Narayanan asked if the Community Band is a nonprofit. Markle confirmed it is part of
the City. Toomey asked how many members there are. Markle stated there are over 60 members.
Narayanan asked if members are paid. Markle confirmed members are volunteer, but the City has a part
time performing arts coordinator. The Community Band and EP Players are unique offerings, participants
have created a strong community.
Erickson stated public art has been a topic of conversation for the PRNRC. Toomey asked if there will be
new public art for the light rail stations. Markle confirmed it could be an option. Parks partners with
Community Development to encourage new developments to install public art. The City will help
commission an artist and review the proposals. Narayanan asked if the City pays for public art. Markle
answered the City has a public art budget, it is not substantial. The developments often pay for their
installments.
Erickson summarized the features of the new parks and recreation app, which has almost one thousand
subscribers. Case asked when summer registration opens. Markle answered summer registration opens
tomorrow at seven a.m. This will be the first year individuals can register using the app. Erickson added
another focus area for 2026 is the Dorenkemper bookstore. Markle confirmed the bookstore will open
this summer. The PRNRC has been collaborating with the HPC on this project. Narayanan asked if the
historical site can be modified to include features such as a deck. Markle confirmed this is a possibility
but would depend on setbacks. Toomey asked if the Dorenkemper building is historic. Case confirmed
the Dorenkemper house is historic and is one of four log cabins from 1855.
Markle provided updates on upcoming projects. The City will install a full sized cricket pitch at Flying
Cloud Fields Park in partnership with the Minnesota Cricket Association. Cricket is scheduled every
Sunday from sunrise to sunset. Case asked if the space will be shared with soccer programs. Markle
confirmed the space will be shared. The soccer nets and goals will be on wheels to be moveable. Case
asked what will happen to Flying Cloud field if the Flying Cloud Airport builds another tower. Markle
confirmed the City is working on contingency plans to move the soccer and lacrosse fields.
Markle shared another upcoming Parks and Rec project, renovating the Homeward Hills playground. The
space will have farm related play features and a splashpad. The playground will be accessible, have
shaded areas, and many new features including nine square and a ga-ga ball pit. Homeward Hills park is
one of the most popular summer playground camp sites. The Cedar Hills bike park is also upcomnig. A
bike committee was formed including resident bike enthusiasts. The location will include a bike skills
park feature, giving users the ability to gain the confidence to navigate ramps, berms, and jumps. Case
asked for the cost of the bike park. Markle confirmed the bike park will cost mid $300 thousand. Case
asked where the land for the bike park is in relation to the airport and who owns the land. Markle
confirmed the land is south west of the airport. The land is owned by the airport, but the City has a Park
agreement for the property. Toomey asked if Eden Prairie high school has a mountain bike team. Markle
confirmed there is a high school mountain bike team. The team currently travels to neighboring cities to
practice and will appreciate having a facility closer to home.
Markle stated the Staring Lake Dog Park is closed during winter when it’s used by the Nordic Ski Club.
The City has been reviewing options for an additional dog park. Three acres of ash and oak trees behind
the Staring Lake Amphitheater were recently cut due to emerald ash borer and oak wilt. This area can
serve as the new dog park. It will be fenced and can be used anytime, but winter use is encouraged.
Narayanan asked what is needed for a dog park besides fencing. Markle confirmed the Parks
Maintenance team will build new dog apparatus, such as ramps and tubes. It is in an excellent location at
Staring Lake, which is already plowed, lighted, and has a bathroom.
Markle shared a few event updates. This year’s Fourth of July will be the 250 year anniversary. The City
will have a family friendly band on July 3, and an Americana concert July 4. A new company is handling
the drone show. Narayanan asked the cost of the drone show. Markle noted the drone show costs $20
thousand. Toomey noted she thought of a few additional sponsors. Markle stated the City is looking at
transportation improvements, such as providing a bike corral and a shuttle service.
Council Chambers
3. Open Podium
4. Adjournment
Eden Prairie City Council Meeting Unapproved Minutes
7 p.m. Tuesday, Mar. 3, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: Mayor Ron Case, Council Members 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, and City
Attorney Maggie Neuville
MEETING AGENDA
I. Call the Meeting to Order
Mayor Case called the meeting to order at 7:00 p.m. Council Member Kathy Nelson was
absent.
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. Polar Plunge Proclamation
Police Chief Matt Sackett explained the Polar Plunge and introduced area Special
Olympics athlete Elizabeth Neuville and Officer Jason Hunt, who is the
coordinator for the Polar Plunge event.
Chief Sackett explained that the Polar Plunge raises money for Special Olympics
in 29 locations in Minnesota, including Eden Prairie. He thanked all of the City
Staff and volunteers who helped out with this event.
Miss Neuville thanked Officers Carter and Hunt, Chief Sackett, and the City
Council for their continued support throughout the year. She stated she has
been involved with Special Olympics since 2010 and participates in several
different sports, including bowling, bocce ball, basketball, dance, hockey, golf,
track, tennis, and swimming. She stated she is also a Special Olympics global
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
messenger, and Minnesota is hosting the Special Olympics USA games this
summer.
Narayanan asked what time the Polar Plunge is. Chief Sackett said it is on March
14, and jumping starts around noon, and you can register on the City's website.
Narayanan asked if there was any on-site registration. Chief Sackett said there
will be on-site registration.
Case read aloud the proclamation to declare March 14, 2026, as Eden Prairie
Polar Plunge Day in the City of Eden Prairie and highlighted the partnership and
significant funds raised for Special Olympics Minnesota.
V. Approval of Agenda and Other Items of Business
Case added that Toomey would be providing a Councilmember Report on Southwest
Transit.
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended.
Motion carried 4-0.
VI. Minutes
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the
Council workshop held Tuesday, February 10, 2026, and the City Council meeting held
Tuesday, February 10, 2026, as published. Motion carried 4-0.
VII. Consent Calendar
A. Clerk’s List
B. Adopt Resolution No. 2026-025 approving the Bryant Lake Hills final plat
C. Adopt Resolution No. 2026-026 indicating intent to withdraw from the I-494
Corridor Commission effective January 1, 2027
D. Adopt Resolution No. 2026-027 authorizing a grant request for Staring Lake Park
Observatory deck reconstruction and boardwalk project to the Minnesota
Department of Natural Resources Outdoor Recreation Program
E. Authorize entering into an agreement for the construction and shared use of a
new cricket pitch at Flying Cloud Fields Park with the Minnesota Cricket
Association
F. Accept proposal and authorize entering a contract for the Edenbrook East
Restoration with Edge Ecosystems
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
G. Enter into property restriction in accordance with the State of Minnesota
Emerald Ash Borer Mitigation and Legislative-Citizen Commission on Minnesota
Resources grant agreement requirements
H. Approve construction contract to service and upgrade Municipal Well No. 2 with
Keys Well Drilling
I. Approve waste hauling agreement for Drop Off Day Event with Suburban Waste
Services
J. Award contract agreement for Magnolia Trail connection project to Dreamland
Contracting, LLC
K. Approve special assessment agreement, sewer access charges, and water access
charges for Legacy Hoops
L. Approve purchase of a tree truck cab chassis with Transwest
M. Award contract for 2026 spring and fall sweeping to Pearson Bros Inc
N. Award contract for 2026 pavement markings to Sir Lines-A-Lot
O. Award contract for 2026 installation of hot-poured bituminous crack-sealant to
Fahrner Asphalt Sealers LLC
P. Award contract for 2026 concrete material pricing to Cemstone Products
Company
Q. Award contract for 2026 MOSS and Yard Waste Site hauling and disposal to
Shakopee Mdewakanton Sioux Community (SMSC), Dakota Prairie Composting
R. Approve quote and authorize procurement of desktops, monitors, and BARCO
ClickShare wireless audio/video extender for Police remodel project
S. Approve quote and authorize procurement of desktops to replace existing IT
equipment on a 5-year cycle
T. Approve standard agreement for professional services for commissioning
services for the Police Department Renovation and City Center remodel with
Dunham Associates, Inc.
U. Approve Change Order #9 for mechanical scope modifications associated with
the Eden Prairie Police Department Renovation Project with Weidner Mechanical
MOTION: Freiberg moved, seconded by Toomey, to approve Items A-U on the Consent
Calendar. Motion carried 4-0.
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
VIII. Public Hearings and Meetings
IX. Payment of Claims
MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Toomey, and Case voting “aye.”
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
A. 2026 Commissioners
Case explained that the City Council hosted Commission interviews on Tuesday,
February 24. Terms for new commission members will begin on April 1. A required
orientation session for new commissioners will be held on March 31.
MOTION: Toomey moved, seconded by Narayanan, to:
• Appoint to the Flying Cloud Airport Advisory Commission Stephen Bohlig,
Alan Matson, and Nick Rogers with terms ending March 31, 2029; and
• Appoint to the Heritage Preservation Commission Nancy Cass, Rod Fisher,
and Betsey Woods with terms ending March 31, 2029; and
• Appoint to the Parks and Recreation Commission Cecilia Cervantes, Patrice
Erickson, Kevin Harris, Duane Hookom, and Troy Parish with terms ending
March 31, 2029; and
• Appoint to the Planning Commission Peter Palmisano, Steve Schumacher,
and Phou Sivilay with terms ending March 31, 2029; and
• Appoint to the Sustainability Commission Michelle Frost, Moussa Ousmane,
and Heike Peters with terms ending March 31, 2029.
Motion carried 4-0.
B. 2026 Board of Appeal and Equalization
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
Getschow explained that the proposed members for Council approval are Eden
Prairie residents, experienced real estate and valuation professionals, with
extensive knowledge of the southwest metro market.
Case added that as a reminder to all of the residents who watch these meetings,
evaluations came out this week and are done in consultation with the county, and
by state statute, those evaluations have to be within a certain percentage of the
actual valuation of homes. If somebody is a resident and deeply disagrees with the
valuation, this would be the time to come in and make that appeal.
Getschow confirmed that Case is correct, and there are many rules and standards
that govern how the valuation process works, but first, it is based on sales of like
properties in the area. He added that there is an opportunity to contest the
valuation, and the first step is for residents to contact the City Assessor's Office. He
added that the individuals being appointed tonight would be part of the Board
Appeal meeting for a resident to contest the valuation.
Case added that if all property went up in value by 20 percent, then taxes would
basically stay the same. He said the valuation can drive property taxes, but only if
your home went up in valuation, and other properties did not go up, which does
occur sometimes.
MOTION: Narayanan moved, seconded by Freiberg, to appoint to the Local
Board and Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve
Tessmann, Mark Hoffman, and Danelle Simenson for the period of March 3,
2026, through May 31, 2026, or until the board of Appeal and Equalization
completes its work. Motion carried 4-0.
C. 2026 Commission Chairs and Vice Chairs
Case explained that Chairs and Vice Chairs are appointed annually by the City
Council following the appointment of members to City Commissions.
MOTION: Freiberg moved, seconded by Toomey, to:
• Appoint Marc Morhack – Chair and Nick Rogers - Vice Chair of the Flying Cloud
Airport Advisory Commission; and
• Appoint Robert Bowes – Chair and Paul Thorp – Vice Chair of the Heritage
Preservation Commission; and
• Appoint Patrice Erickson – Chair and Pedro Curry – Vice Chair of the Parks,
Recreation, and Natural Resources Commission; and
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
• Appoint Trisha Duncan – Chair and Ed Farr – Vice Chair of the Planning
Commission; and
• Appoint Aaron Poock – Chair and Cindy Hoffman – Vice Chair of the Sustainability
Commission; and
• Appoint Gregory Leeper – Chair and Babar Khan – Vice Chair of the Human Rights
and Diversity Commission.
Motion carried 4-0.
XIII. Reports
A. Report of Council Members
Toomey explained that there was an article in the Star Tribune about high-
density routes with buses that mentioned Southwest Transit. Case said the article
focused on the suburbs that were allowed to opt out of the main Metro Transit
system in the 1990's and run their own transit services using a portion of regional
transit funding. Over time legislators have changed the funding structure,
making the system more complicated and contentious. Metro Transit often feels
it does not receive enough funding while money continues to go to transit
services that have opted-out. A key issue is some of these systems are
considered highly successful and have won awards for buses, equipment, and
drivers, like SouthWest Transit. Because of this, residents do not want these
services eliminated. Some legislators are trying to redirect funding back to the
core Metro Transit system, arguing subsidies per rider are very high in certain
suburban routes. Public transit is heavily subsidized everywhere, the broader
debate is how transit funding should be distributed.
Toomey said the article focused on the high-density routes and considered those
routes to be high subsidy. Of the 28 routes listed between the five different
providers, nine of them are Met Council routes, and 18 of them are other opt-out
providers. Southwest Transit has no routes that are considered high subsidy, and
their bus routes are 20 percent less expensive to operate than the Met Council's.
Southwest Transit's passenger subsidies in 2024 were $12.70 per passenger
compared to $15.42 for the Met Council. Southwest Transit offers a very efficient
system and was the fastest-growing transit agency in the state, with ridership
growing 14 percent in 2025. There are some legislators who would like to take
Southwest Transit away from Eden Prairie. Toomey urged residents to tell
legislators how they feel about possibly losing this transit system by visiting
Southwest Transit's website to get more information.
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
Case said people do not realize every public form of transportation in the country
is subsidized. He encouraged residents to keep an open mind and that there are
a lot of reasons governments get into the business of public transportation, and
one of the benefits is economic value to the region. The Green Line extension
has cost $2.8 billion, but there has already been $6.5 billion of economic
development growth along the route in the past five years.
Freiberg said last year he served as Chair of the Southwest Transit Commission. In
2024, Southwest Transit was awarded the number one public transit bus
company in Minnesota. He said it is important that residents contact their
elected officials about this issue if they want Southwest Transit to remain in Eden
Prairie. He added that he contacted a legislator and got an immediate response.
Case added that the legislators representing Eden Prairie regarding this issue
have been fantastic.
B. Report of City Manager
C. Report of Community Development Director
1. Local Affordable Housing Aid, Affordable Housing Trust Fund update
Community Development Director Julie Klima explained Local Affordable
Housing Aid (LAHA) was passed by the state legislature in 2023. The aid is
funded by a dedicated sales tax in the seven-county Metro area, and
funds are distributed to those seven counties. LAHA funds vary from year
to year and must be used toward affordable housing programs and
initiatives. Eden Prairie receives allocations twice a year, and the funds
must be spent within three years of receipt. Annual reporting of the fund
balance and expenditures is required by Minnesota Housing.
Klima stated LAHA spending in Eden Prairie has been used for first-time
home buyer loan programs, residential rehab loan programs, rental
assistance (administered by PROP), larger residential rehab projects for
older residential developments, future redevelopment projects, and the
First Generation First Time Home Buyer loan program. As the three-year
deadline approaches to spend funds, Staff can reallocate funds to where
there might be emerging needs. To date LAHA has funded five first-time
home buyer loans, 18 rehab loans, and rental assistance for 45
households in 2025. The City committed $125,000 to PROP for rental
assistance in January 2026.
Klima explained the other funding source is the Affordable Housing Trust
fund, which was established in 2022. This fund was created to identify
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
funding source considerations and uses, and secured a grant for $150,000
from Minnesota Housing. The funds must be spent within three years on
housing programs at or below the state median income.
Narayanan asked if the $150,000 is a one-time grant. Klima confirmed it
is a one-time grant, and a spending report must be sent to Minnesota
Housing.
Klima explained the Affordable Housing Trust Fund spending includes the
first-time home buyer loan program, residential rehab loan program, first-
generation first-time home buyer loan program, rental assistance
(administered by PROP), community land trust, and administrative costs.
Narayanan asked if these funds are described on the City's website for
residents. Klima said all information is available on the City's website,
along with the specific Staff member who is the most knowledgeable to
contact. Klima added when a resident comes to request funds for a loan,
there are multiple sources their loan can be funded through; the forms
are all the same. Narayanan asked if the City's website currently details
how many units are under Affordable Housing in Eden Prairie. Klima said
projects receiving TIF are reporting affordable units and inclusionary units
as part of the agreement, all the information is on the City’s website.
Narayanan explained the reasoning for his many questions is hearing
some misinformation from individuals confused about how this funding
works.
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
A. Closed Session for City Manager Performance Review
MOTION: Toomey moved, seconded by Narayanan, to enter into a closed session
pursuant to Minnesota Statutes Section 13D.05, subdivision 3(c) for the purpose
of conducting the City Manager's review. Motion carried 4-0.
CITY COUNCIL MEETING UNAPPROVED MINUTES
March 3, 2026
MOTION: Toomey moved, seconded by Narayanan, to move out of closed
session. Motion carried 4-0.
XV. Adjournment
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting at 8:39 PM.
Motion carried 4-0.
Respectfully Submitted,
___________________
Sara Potter, Administrative Support Specialist
City Council Agenda Cover Memo
Date: April 7, 2026
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
Gambling/Bingo
Organization: Eden Prairie Lions Club
Event: Schooner Days
Date: May 29-31, 2026
Place: Round Lake Park
16691 Valley View Road
Gambling/Bingo
Organization: Twin Cities Pet Rescue
Date: April 23, 2026
Place: Fat Pants Brewing
8335 Crystal View Road
Temporary On-Sale Liquor
Organization: City of Eden Prairie
Event: Board & Commission Banquet
Date: May 14, 2026
Place: St. Andrew Lutheran Church
13600 Technology Drive
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.B.
Department: Community Development / Planning
Julie Klima / Beth Novak-Krebs
ITEM DESCRIPTION
This is the final review of the project that would add a 552 square foot three season room onto
the existing building in the southeast corner of the Prairie Village Shopping Center, in support of
a proposed Daves Hot Chicken restaurant. The Council originally reviewed the project on
January 6, 2026. Along with the site modifications, the applicant is proposing a lot line
adjustment to increase the size of the current lot to include the addition. This lot line
adjustment will be reviewed and approved through a separate process).
REQUESTED ACTION
Move to:
• Adopt a Resolution for Site Plan Review on 0.23 acres
• Approve the Development Agreement for Prairie Village SE Building
SUMMARY
After considerable study and discussion regarding traffic access and circulation, the applicant
suggested three mitigation strategies to address potential future traffic congestion. These
strategies are covered in the development agreement, and the language also identifies future
corrective approaches should the implemented improvements with this project fail to
adequately accommodate traffic.
The 120-day review period ends on April 17, 2026
ATTACHMENTS
Resolution for Site Plan
Development Agreement
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE VILLAGE SE
BUILDING BY CONNOR MCCOY WITH KIMLEY HORN
WHEREAS, Connor McCoy has applied for Site Plan approval of Prairie Village SE Building to
construct a 552 square foot 3-season addition for seating onto the existing building for a fast
casual restaurant that will occupy a portion of the building; and
WHEREAS, Section 11.47 Subd. 4 allows certain new or amended Site Plan and Architectural
Design applications to be subject to review and consideration for approval by the City Council
only without referral to the Planning Commission; and
WHEREAS, the City Council has reviewed said application at a public hearing at its January 6,
2026 meeting; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that
site plan approval for property legally described in Exhibit A attached hereto is granted to
Connor McCoy, subject to the Development Agreement between GRI Prairie Village, LLC and the
City of Eden Prairie, reviewed and approved by the City Council on April 7, 2026.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description:
Lot 2, Block 1, Prairie Village Mall, Hennepin County, Minnesota
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.C.
Department: Administration
ITEM DESCRIPTION
Resolution and Contract with the International Association of Firefighters, Local #5539 for
Professional Firefighters.
REQUESTED ACTION
Move to: Adopt Resolution and authorize entry into labor agreement with International
Association of Firefighters (IAFF).
SUMMARY
Negotiations occurred between the City and IAFF in the fall of 2025 and winter of 2026.
Through negotiations, a tentative agreement was reached and supported by staff in March
2026.
ATTACHMENTS
Resolution
City of Eden Prairie and IAFF Local #5539 Contract
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING AND IMPLEMENTING THE 2025-2026 LABOR
AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (LOCAL #5539)
WHEREAS this is the first Labor Agreement between the City and the International Association
of Firefighters (Local #5539) (“IAFF”) governing Professional Firefighters; and
WHEREAS, the City and IAFF participated in contract negotiations on a Labor Agreement
governing the period from January 1, 2026 through December 31, 2028 and reached a tentative
agreement in March 2026 which is attached hereto as Exhibit A; and
WHEREAS, the tentative agreement is subject to the approval of and implementation by the
City Council in accordance with Minn. Stat. § 179A.20, subd. 5.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota
that: (i) the 2026-2028 Labor Agreement between the City of Eden Prairie and the International
Association of Firefighters (Local #5539) attached as Exhibit A is hereby approved and may be
executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement
the agreement.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
MASTER AGREEMENT
BETWEEN
City of Eden Prairie
AND
Eden Prairie Professional Firefighters
IAFF LOCAL 5539
Effective (01/01/2026) through (12/31/2028)
1
Article 1: Purpose of AGREEMENT .................................................................................. 2
Article 2: Recognition ........................................................................................................ 2
Article 3: Definitions .......................................................................................................... 2
Article 4: Discrimination .................................................................................................... 3
Article 5: EMPLOYER Security ......................................................................................... 3
Article 6: EMPLOYER Authority ........................................................................................ 3
Article 7: UNION Security ................................................................................................. 4
Article 8: Work Schedules ................................................................................................. 4
Article 9: Seniority ............................................................................................................ 5
Article 10: Personnel Reduction .......................................................................................... 5
Article 11: Shift Bidding ....................................................................................................... 5
Article 12: Working Conditions ............................................................................................ 5
Article 13: Discipline ........................................................................................................... 6
Article 14: Grievance Procedure ......................................................................................... 6
Article 15: EMPLOYER to Defend and Indemnify EMPLOYEES ......................................... 9
Article 16: Wages ............................................................................................................... 9
Article 17: Insurance ......................................................................................................... 10
Article 18: Paid Time Off, Holidays and Leave .................................................................. 10
Article 19: Training Time ................................................................................................... 11
Article 20: Savings Clause ................................................................................................ 11
Article 21: Complete AGREEMENT .................................................................................. 11
Article 22: Duration and Effective Date of this AGREEMENT............................................ 11
2
Article 1: Purpose of AGREEMENT
This AGREEMENT is entered into as of April 7, 2026, between the CITY OF EDEN PRAIRIE,
hereinafter called the EMPLOYER, and the Eden Prairie Professional Firefighters IAFF Local
5539 hereinafter called the UNION.
It is the intent and purpose of this AGREEMENT to:
1.1 Assure sound and mutually beneficial working and economic relationships between
the parties hereto.
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and/or application.
1.3 Specify the full and complete understanding of the parties.
The EMPLOYER and the UNION through this AGREEMENT shall continue their dedication to the
highest quality fire service and protection to the residents of Eden Prairie. Both parties
recognize the AGREEMENT as a pledge of this dedication.
Article 2: Recognition
The EMPLOYER recognizes the UNION as the exclusive representative for all EMPLOYEES in a
unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 25PCE1030
as:
"All 24-hour Shift Lieutenants, 24-hour Shift Fire Apparatus Operators and 24-hour Shift
Firefighters; and Fire Prevention Specialists within the meaning of Minn. Stat. 179A.03, subd. 7,
who are employed by the City of Eden Prairie, Minnesota and are public employees within the
meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees
within the meaning of Minn. Stat. 179A.03, subd 17 and 4, and all other employees."
In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion
of a new or modified job class, the issue shall be submitted to the Minnesota Bureau of
Mediation Services for determination.
Article 3: Definitions
AGREEMENT: Collective Bargaining Agreement
CITY: The City of EDEN PRAIRIE
DEPARTMENT: The EDEN PRAIRIE Fire Department.
EMPLOYEE: An employee whose job classification falls within the exclusively recognized
bargaining unit.
3
EMPLOYER: The City of EDEN PRAIRIE.
PROBATIONARY PERIOD: EMPLOYEES shall serve a probationary period of twelve (12)
consecutive months of active work from date of hire into a position covered by this
AGREEMENT.
UNION: Eden Prairie Professional Firefighters IAFF Local 5539
UNION MEMBER: A member of the International Association of Firefighters.
Article 4: Discrimination
Neither the EMPLOYER nor the UNION shall discriminate against any EMPLOYEE covered by the
AGREEMENT because of their membership or non-membership in the UNION.
Article 5: EMPLOYER Security
The UNION and EMPLOYEES of the Eden Prairie Fire Department agree that during the life of this
AGREEMENT, they will not cause, encourage, participate in or support any strike. Violations of
this Article shall be grounds for disciplinary action up to and including discharge without
recourse to the grievance procedure of this contract.
Article 6: EMPLOYER Authority
6.1 The UNION recognizes the right and authority of the EMPLOYER to operate and manage
its affairs in all respects in accordance with its management rights, existing and future
laws, and regulations of the appropriate authorities. The rights or authority which the
EMPLOYER has not officially abridged, delegated, or modified by this Agreement are
retained by the EMPLOYER.
6.2 The EMPLOYER retains the full and unrestricted right to operate and manage all
manpower, facilities, and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure; to select, direct and determine the number of personnel; to
establish work schedules; and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
6.3 The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to
it, or the EMPLOYER'S exercise of any such right, prerogative, or function in a particular
way, shall not be considered a waiver of the EMPLOYER'S right to exercise such right,
prerogative, or function or preclude it from exercising the same in some other way not in
conflict with the express provisions of this AGREEMENT.
4
6.4 The parties recognize that all EMPLOYEES covered by this AGREEMENT shall perform
the services and duties prescribed by the EMPLOYER and shall be governed by
EMPLOYER rules, policies, regulations, directives, and orders, provided that such rules,
regulations, and orders are not inconsistent with the provisions of this Agreement or
state or federal laws. The EMPLOYER will provide EMPLOYEES with notice of any
proposed change in any policy applicable to the bargaining unit members.
Article 7: UNION Security
In recognition of the UNION as the exclusive representative the EMPLOYER shall:
7.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from
wages of union dues established by the UNION. The UNION will forward the written
authorization from EMPLOYEE to EMPLOYER.
7.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the
amount to the appropriate designated office for the UNION commencing no later than
the first pay period of the next month with proper employee authorization.
7.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction
would be taken, no withholding will be made to convert that pay period from future
earnings. In the case of an EMPLOYEE who is in non-pay status during only part of the
pay period in which a deduction would be taken, and the wages are not sufficient to
cover the full withholding, no deductions shall be made.
7.4 The EMPLOYER will provide reasonable space on one EMPLOYEE bulletin board for
UNION postings. UNION stewards will be responsible for maintaining the designated
space. All postings shall comply with CITY policies, including the policy on political
neutrality. Postings shall first be approved by the Fire Chief.
7.5 Up to one (1) member of the UNION’s collective bargaining AGREEMENT shall be
allowed to participate in Labor Management Committee meetings with the EMPLOYER
while on-duty.
7.6 Up to one (1) member of the UNION’s collective bargaining AGREEMENT shall be
allowed to negotiate collective bargaining AGREEMENTs with the EMPLOYER while on-
duty when scheduled negotiation sessions fall on days said member is on-duty.
The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims,
suits, orders, or judgments brought or issued against the CITY as a result of any action taken or
not taken by the CITY under the provisions of this Article.
Article 8: Work Schedules
8.1 The sole authority in work schedules, hours of employment, and changes thereto is
the EMPLOYER.
5
8.2 Nothing contained in this, or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES.
Article 9: Seniority
DEFINITION OF SENIORITY:
9.1 “Total seniority” shall be defined as the length of continuous and uninterrupted full-
time employment by the EMPLOYER from the most recent date of hire.
9.2 “Classification seniority” shall be defined as the length of cumulative service in a
specific job classification within the EMPLOYER where “total seniority” remains
unbroken. Classification seniority is used to determine the order of layoff when there
is a specific reduction in a classification. When two or more EMPLOYEES have the
same seniority date, the tie breaker will be based on Paid-on-Call/Duty Crew
Firefighter hire date if any, then a coin flip. A seniority list shall be created and
maintained.
Article 10: Personnel Reduction
Personnel Reduction
10.1 In the case of a personnel reduction, the EMPLOYEE with the least classification
seniority shall be laid off first. No new EMPLOYEE shall be hired until the laid off
EMPLOYEE has been provided with the opportunity to return to work. Recall rights
under this Article shall continue for twenty-four (24) months after layoff. Recalled
EMPLOYEES shall have ten (10) working days after notification of recall by registered
mail at the EMPLOYEE's last known address to report to work or forfeit all recall
rights. This provision applies only to the job classification from which the EMPLOYEE
was laid off.
Article 11: Shift Bidding
EMPLOYEES will have the opportunity to bid the shift. Bidding will be based on classification
seniority.
Article 12: Working Conditions
Due to the nature of EMPLOYEE responsibilities being emergency response, EMPLOYEES can
take a 30 minute and two fifteen-minute breaks when working conditions permit as determined
by the Fire Chief.
6
Article 13: Discipline
13.1 The EMPLOYER will discipline EMPLOYEES only for just cause. Discipline does not
have to be progressive. Discipline will be in one of the following forms:
Verbal Warning;
Written Warning;
Final Warning;
Suspension or demotion;
Discharge
All other EMPLOYER actions will not be considered discipline.
13.2 EMPLOYEES will receive a copy of such discipline and/or notice.
13.3 An EMPLOYEE will not be required to participate in an investigatory interview by the
EMPLOYER where the information gained from the interview could lead to the discipline
of the EMPLOYEE unless the EMPLOYEE upon his/her request is given the opportunity to
have a third party or UNION representation present at the interview to act as a witness
for the EMPLOYEE.
13.4 Grievances relating to discipline shall be initiated by the UNION at Step 2 of the
grievance article.
13.5 During the probationary period, an EMPLOYEE may be disciplined or discharged at the
sole discretion of the EMPLOYER.
Article 14: Grievance Procedure
14.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this AGREEMENT.
14.2 UNION REPRESENTATIVES
The EMPLOYER shall recognize a UNION Grievance Representative of not more than one (1)
EMPLOYEE selected by the UNION of the bargaining unit. The UNION shall notify EMPLOYER in
writing of the name of such grievance representative and of their successor and alternate. The
grievance representative shall process grievances at times other than their normal duty hours
unless specifically permitted to do so by the Department Head.
14.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal working hours only when
7
consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the
UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay
when a grievance is investigated and presented to the EMPLOYER during normal working hours
provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the
approval of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER. The designated
supervisor will be notified when the steward or grievant EMPLOYEE(S) returns to the
workstation and resumes duties.
14.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step 1.
An EMPLOYEE claiming a violation concerning the interpretation or application of this
AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has occurred,
present such grievance in writing to the Assistant Fire Chief. The Assistant Fire Chief will
respond in writing to such Step 1 grievance within fourteen (14) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall set forth the nature of the
grievance, the facts on which it is based, the provision or provisions of the AGREEMENT
allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10)
calendar days after the Assistant Fire Chief’s final answer in Step 1. Any grievance not appealed
in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived.
Step 2:
If appealed, the written grievance shall be presented by the UNION to the Fire Chief. The Fire
Chief shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days
after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to
Step 3 within ten (10) calendar days following the Fire Chief’s final answer in Step 2. Any
grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be
considered waived.
Step 3.
If appealed, the written grievance shall be presented by the UNION to the HR Director. The HR
Director shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days
after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to
Step 4 within ten (10) calendar days following the HR Director’s final answer in Step 3. Any
grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be
considered waived.
8
Step 4.
A grievance unresolved in Step 3 and appealed to Step 4 may by mutual agreement by the
EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of Mediation
Services. Agreement to submit the grievance to mediation must be made within ten (10)
calendar days of the Step 3 response. If the parties do not agree to submit the grievance to
mediation within such 10-day period, the UNION may appeal the grievance to Step 5 within five
(5) calendar days of the date the parties could not reach agreement. If the parties agree to
submit the grievance to mediation and the grievance is not resolved by mediation, the UNION
may appeal the grievance to Step 5 within ten (10) calendar days of the date that mediation
ended. Any grievance not appealed in writing to Step 5 as provided by this paragraph shall be
considered waived.
Step 5.
A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration
subject to the provisions of the Public Employment Labor Relations Act or MN Statutes Section
626.892 if the grieved matter is written disciplinary action, discharge, or termination.
14.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from
the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the
specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no
authority to make a decision on any other issue(s) not so submitted.
B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with, or
modifying or varying in any way the application of laws, rules, or regulations having the force
and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days
following the close of the hearing or the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER
and the UNION and shall be based solely on the arbitrator's interpretation or application of the
terms of this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by
the EMPLOYER and the UNION provided that each party shall be responsible for compensating
its own representatives and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made, providing it pays for the record. If both
parties desire a verbatim record of the proceedings the cost shall be shared equally.
14.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
waived. If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last
answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified
time limits, the UNION may elect to treat the grievance as denied at that step and immediately
9
appeal the grievance to the next step. The time limit in each step may be extended by mutual
agreement of the EMPLOYER and the UNION. The UNION may not skip any step without the
written consent of the EMPLOYER.
14.7 CHOICE OF REMEDY
If the grievance is not submitted to or not resolved by mediation in Step 4, and if the grievance
involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the
required probationary period, the grievance may be appealed either to Step 5 of Article 14 or a
procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any
procedure other than Step 5, the grievance is not subject to the arbitration procedure as
provided in Step 5. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be
utilized - Step 5 or another appeal procedure and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent
appeal through Step 5.
Article 15: EMPLOYER to Defend and Indemnify EMPLOYEES
The EMPLOYER and the UNION recognize the EMPLOYER'S responsibility to defend and
indemnify EMPLOYEES as required by Chapter 466 and by Section 471.86 of Minnesota
Statutes.
Article 16: Wages
16. 1 Salary increases are contingent upon the EMPLOYEE achieving satisfactory
performance as determined by their immediate supervisor.
16.2 WAGE SCHEDULES:
Fire Prevention Specialist
2026
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$41.04 $42.17 $43.29 $44.43 $45.56 $46.69 $47.81 $48.94 $50.06 $51.21
2027 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$42.27 $43.44 $44.59 $45.76 $46.93 $48.09 $49.24 $50.41 $51.56 $52.75
Lieutenant (24-Hour)
2026
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$40.05 $41.08 $42.13 $43.21 $44.32 $45.46 $46.63 $47.83 $49.06 $50.32
2027 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$41.25 $42.31 $43.39 $44.51 $45.65 $46.82 $48.03 $49.26 $50.53 $51.83
10
Firefighter (24-Hour)
2026
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$35.45 $36.48 $37.52 $38.56 $39.59 $40.62 $41.65 $42.69 $43.72 $44.75
2027 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
$36.51 $37.57 $38.65 $39.72 $40.78 $41.84 $42.90 $43.97 $45.03 $46.09
In 2028 the UNION and EMPLOYER agree to negotiated wages only and the UNION shall inform
the Bureau of Mediation Services of intent to negotiate the wage opener in 2027 for 2028.
Newly hired and rehired EMPLOYEES may be started at any step deemed appropriate by the
EMPLOYER based on previous full-time experience, education or skills. They may not proceed
to a next step, however, until successful completion of probation.
Article 17: Insurance
All eligible EMPLOYEES may participate in the EMPLOYER’S insurance program. An eligible
EMPLOYEE is defined as an Individual who would be covered under the medical insurance
coverage provisions of both the CITY’S personnel policies and Insurance plan documents
between the CITY and the Insurer. For the term of this agreement, the EMPLOYER will contribute
toward the premium for medical, life, Long-Term Disability Insurance on the same basis and
subject to the same conditions and restrictions as the basic program for non-union
EMPLOYEES as it may be amended from time to time.
Article 18: Paid Time Off, Holidays and Leave
18.1 EMPLOYEES will participate in the CITY’S leave policies on the same basis as the
general non-union EMPLOYEE group.
18.2 The parties agree that the weather event provision in the statutory ESST law outlined
in the Minnesota Statute Section 181.9447, subdivision 1, clause (4) is waived to its
application for all positions in the bargaining unit.
18.3 EMPLOYEES working a 24-hour schedule will get 8 hours of holiday time paid at
straight time for every actual CITY holiday.
Article 19: Training Time
The DEPARTMENT takes extensive consideration and attention to educate and train their
members so they can perform their duties to their best capability. The CITY strives to exceed
requirements from State or Federal regulators. When possible, the CITY encourages all its
EMPLOYEES to further their education.
11
Due to budget limitations, EMPLOYEE fairness, and personnel restraints, the DEPARTMENT will
find at times the necessity to limit the amount of training that will be provided to each
EMPLOYEE.
In general, costs for training, travel, and lodging will be paid for by the EMPLOYER. EMPLOYEES
will be paid their normal salary for training. This includes training at the National Fire Academy
or other approved multi-day training courses.
Article 20: Savings Clause
This AGREEMENT is subject to the Laws of the United States, the State of Minnesota, and the
ordinances of the City of Eden Prairie. In the event any provision of this AGREEMENT shall be
held unlawful or unenforceable by any court or administrative agency of the State of Minnesota
or United States of competent jurisdiction, such provisions shall be voided. All other provisions
shall continue in full force and effect. The voided provision may be renegotiated at the request
of either party.
Article 21: Complete AGREEMENT
The EMPLOYER and the UNION acknowledge that during the meetings and negotiations which
resulted in this AGREEMENT, each had the right and opportunity to make demands and
proposals concerning the terms and conditions of employment. The AGREEMENTs and
understandings reached by the parties after the exercise of this right are fully and completely
set forth in this AGREEMENT.
Any and all prior CITY resolutions, the Personnel Policy Guide, or written DEPARTMENT rules
and regulations regarding the terms and conditions of employment, to the extent inconsistent
with the provisions of this AGREEMENT, are hereby superseded.
All amendments and appendixes to this AGREEMENT shall be identified, dated, and signed by
representatives of the UNION and the EMPLOYER and shall be part of this AGREEMENT.
Article 22: Duration and Effective Date of this AGREEMENT
Upon its approval and implementation by the City Council of the City of Eden Prairie, this
AGREEMENT and all appendices shall be effective as of 1/1/2026 and shall remain in full force
and effect until 12/31/2028.
FOR THE CITY OF EDEN PRAIRIE FOR THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,
LOCAL 5539
____________________________ ________________________
Ron Case, Mayor Josh Nelson, IAFF
12
____________________________ _____________________________
Rick Getschow, City Manager Dave Shepard, President, IAFF
Local 5539
___________________________________
Alecia Rose, Human Resources
And Administrative Services Director
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.D.
Department: Community Development / Planning
Julie Klima / Sarah Strain
ITEM DESCRIPTION
Costco Fuel Expansion Development Agreement Amendment
REQUESTED ACTION
Move to Approve the Development Agreement Amendment regarding payment for a traffic
signal on Technology Drive
SUMMARY
City Council approved the Costco Fuel Expansion project in February 2025. At that time, it was
determined that when the temporary traffic signal at the western driveway entrance to Costco
needs to be replaced, the City would invoice Costco for the cost of a new, permanent signal at
that time. There is no anticipated timeline for this activity.
Since this approval, Costco has continued talks with City staff regarding the signal design, cost,
and timing. Costco proposes to pay a lump sum in 2026 that will be held until the City is ready
to construct the permanent traffic signal. Costco and Public Works have agreed upon a design
for the signal, and the anticipated cost is approximately $562,785. Public Works has not
identified when the project would occur, but the project will be accelerated with the lump sum
payment in a future CIP.
This amendment allows Costco to pay and for the City to collect a lump sum in 2026 to pay for
the permanent traffic signal and releases Costco from future financial obligations towards the
traffic signal project.
ATTACHMENTS
Development Agreement Amendment
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.E.
Department: Administration/Finance
ITEM DESCRIPTION
Approve 2025 unbudgeted fund transfers.
REQUESTED ACTION
Move to approve 2025 unbudgeted fund transfers.
SUMMARY
As part of the audit of the city’s financial statements, the year-end unbudgeted transfers are
summarized and reported to the City Council. The City Council acceptance of the transfers is a
recommended practice by the City’s auditors. Most of the transfers are related to various funds
share of a project.
ATTACHMENTS
Transfer Schedule
City of Eden PrairieTransfer Schedule12/31/25
Transfer TransferInOut Amount ExplanationAllocation of Costs
Capital Maintenance and Improvement Fund Senior Board 2,700$ Transfer the Senior Board's share of Senior Center digital sign
Capital Maintenance and Improvement Fund G.O. Refunding Bonds 12A/20A 204,908$ Close Park Referendum Bonds debt fund
Capital Maintenance and Improvement Fund G.O. Refunding Bonds 12B/20A 85,738$ Close Fire Station Bonds debt fund
Pavement Management Transportation 128,884$ Transfer Transportation share of Prairie Center Drive Pavement Rehab project
Pavement Management Water 20,930$ Transfer Water share of Prairie Center Drive Pavement Rehab project
Pavement Management Stormwater 92,498$ Transfer Stormwater share of Prairie Center Drive Pavement Rehab project
Transportation Fund Stormwater 110,000$ Transfer Stormwater share of Prairie Center Drive/Franlo project
Transportation Fund G.O. Improvement Bonds 10A/20A 118,024$ Close Single Tree Lane debt fund
Transportation Fund G.O. Improvement Bonds 11D/20A 488,992$ Close Charleson/212 Improvements debt fund
2020 Improvement Projects Improvement Projects 2006 262,634$ Close Improvement Projects 2006 fund
2020 Improvement Projects Economic Development 560,000$ Transfer Economic Development share of West 70th Street project
2020 Improvement Projects Transportation Fund 170,000$ Transfer Transportation Fund share of West 70th Street project
2020 Improvement Projects Water 30,000$ Transfer Water share of West 70th Street project
Willow Creek Streets/Utilities Water 29,000$ Transfer Upfront costs of Water share of Willow Creek project
Willow Creek Streets/Utilities Wastewater 29,000$ Transfer Upfront costs of Wastewater share of Willow Creek project
Willow Creek Streets/Utilities Stormwater 29,000$ Transfer Upfront costs of Stormwater share of Willow Creek project
Shady Oak Economic Development 100,000$ Transfer Economic Development share of Shady Oak Road project
Shady Oak Capital Maintenance and Improvement Fund 100,000$ Transfer Capital Maintenance and Improvement Fund share of Shady Oak Road project
Shady Oak Transportation 170,000$ Transfer Transportation share of Shady Oak Road project
Shady Oak Stormwater 50,000$ Transfer Stormwater share of Shady Oak Road project
Fleet Recycling Fund 100,000$ Transfer Recycling Fund share of garbage truck
Fleet Wastewater 712,016$ Transfer Wastewater funds for Hydroexcavator purchase
Fleet Wastewater 247,037$ Transfer Wastewater funds for Dump truck purchase
Capital Maintenance and Improvement Fund General Fund 4,393,985$ Transfer amounts above amount needed to maintain fund balance policy
Due To Due From
Economic Development Fund Affordable Housing Trust Fund 150,000$
Seed money for Affordable Housing Trust Fund; will be paid back once Inclusionary Housing payment in lieu money is received
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.F.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Dorenkemper House Improvements
REQUESTED ACTION
Approve Standard Construction Contract for Dorenkemper House Improvements with Hamburg
Builders Group in the amount of $187,705
SUMMARY
On Jan. 20, 2026, City Council rejected bids for the earlier Dorenkemper House addition project
after all bids came in well above the original estimate. Staff then worked with MacDonald &
Mack Architects to rescope the project around structural upgrades and providing heating,
cooling, and electrical service to the main level without constructing the bathroom addition.
The rebid scope includes structural repairs to the first-floor support system, replacement of the
HVAC system, electrical upgrades for power and lighting, and minor plumbing improvements to
utilize the existing kitchen sink. The project is being bid as a single-prime contract. Alternate No.
1 includes full roof replacement with new cedar shingles. These improvements make the space
suitable and code compliant for commercial business use.
Three bids were received. Hamburg Builders Group submitted the lowest bid and is
recommended for award of the base bid and Alternate No. 1. Funding for this project is coming
from the Economic Development Fund.
Bidder Base Bid Roofing Alternate Notes
Parkos $178,800 $51,275 Not selected
Reiling $157,700 $48,175 Not selected
Hamburg Builders Group $131,705 $56,000 Low bidder. Award base bid
only, reject alternate.
ATTACHMENTS
Standard Construction Contract with Hamburg Builders Group
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the 7th day of April, 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hamburg Builders Group, a Minnesota Corporation (hereinafter "Contractor"). .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
Dorenkemper structural, electrical, mechanical plumbing and roof improvements and/or replacements hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be
completed by July 31st 2026.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $187,705 as full and complete payment for the labor, materials and services rendered pursuant to this Contract 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.
Standard Construction Contract (rev. 6/2024) Page 2 of 14
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 14
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract (rev. 6/2024) Page 4 of 14
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 14
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract (rev. 6/2024) Page 7 of 14
deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
Standard Construction Contract (rev. 6/2024) Page 8 of 14
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract (rev. 6/2024) Page 9 of 14
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract (rev. 6/2024) Page 10 of 14
services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract (rev. 6/2024) Page 11 of 14
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change.
Standard Construction Contract (rev. 6/2024) Page 12 of 14
35. Rights and Remedies. The duties and obligations imposed by this Contract and 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.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract 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
Contractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract (rev. 6/2024) Page 13 of 14
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
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EXHIBIT A Proposal/Scope of Work
Dorenkemper House, in accordance with the Plans and Specifications contained in the Architectural drawings and project manual Dorenekemper House dated March 11th 2026, prepared by MacDonald & Mack Architects, which Project Manual is incorporated herein as if fully set forth.
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.G.
Department: Parks and Recreation – Tyler Menden, Park Construction Supervisor
ITEM DESCRIPTION
Award contract for the 2026 Riley Lake Jacques Barn parking lot reconstruction.
REQUESTED ACTION
Move to: Award contract for the 2026 Riley Lake Jacques Barn parking lot reconstruction to
Minnesota Roadways, Co.
SUMMARY
The Scope of this project is to remove the existing parking lot pavement. The area will then be
re-graded, compacted, repaved and re-striped for parking.
Funding for the reconstruction of parking lots comes from the Capital Maintenance &
Reinvestment funding under the Parks and Recreation Department.
Bid Summary and Recommendation
The summary of the bids submitted is as follows:
Minnesota Roadways: $60,800.00
BKJ Excavating: $71,275.00
Plehal: $76,690.00
Northwest: $78,257.40
Johnson Companies: $145,460.00
ATTACHMENTS
Attachment 1 – Form of Contract
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the 7th day of April, 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Minnesota Roadways Co., a Minnesota Company(hereinafter "Contractor") whose business address is 4370 Valley Industrial Blvd. S. Shakopee, MN 55379.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for Riley Lake Jacques Barn Parking Lot Rehabilitation hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall begin April 27th, 2026. The Work shall be completed by May 29th, 2026.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $60,800.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract 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.
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4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 14
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
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10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 14
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
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deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
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d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate
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of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
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services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract (rev. 6/2024) Page 11 of 14
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change.
Standard Construction Contract (rev. 6/2024) Page 12 of 14
35. Rights and Remedies. The duties and obligations imposed by this Contract and 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.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract 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
Contractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract (rev. 6/2024) Page 13 of 14
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract (rev. 6/2024) Page 14 of 14
EXHIBIT A Proposal/Scope of Work
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.H.
Department: Public Works (Lori Haak, Water Resources Coordinator)
ITEM DESCRIPTION
Approve Agreement for Professional Services with Blue Water Science for the 2026 Lake
Monitoring Program (IC 5901-15)
REQUESTED ACTION
Approve Agreement for Professional Services with Blue Water Science for the 2026 Lake
Monitoring Program for $43,850.00.
SUMMARY
The City coordinates an ongoing lake monitoring program to guide lake management decisions.
Water quality monitoring provides data on water quality trends, especially related to impaired
waters criteria. Monitoring results are also used to assess lake treatment options such as the
use of alum to improve water quality and aquatic vegetation harvesting. Blue Water Science was
the low cost proposal for these monitoring services at $43,850.00. The costs of annual lake
monitoring are paid out of the stormwater utility fund.
Background
The budget for the lake monitoring program was established in the City’s Local Water
Management Plan. City staff coordinates with the Nine Mile Creek (NMCWD) and Riley-
Purgatory-Bluff Creek (RPBCWD) Watershed Districts regarding proposed monitoring for the
upcoming year. A request for proposal was sent to Barr Engineering, Blue Water Science, EOR,
and Stantec. One proposal was received from Blue Water Science. Blue Water Science was the
low cost proposal at $43,850.00.
The following actions are included for sampling:
• Water quality sampling for Anderson, Birch Island, Mitchell, Red Rock, and Round
Lakes. The City and watershed districts will use the water quality monitoring results
to inform future decisions regarding lake management; and
• Pre-harvest point intercept (PI) vegetation surveys on Mitchell and Red Rock Lakes.
Costs will be paid from the stormwater utility fund.
ATTACHMENTS
Attachment 1: Agreement for Professional Services with Proposal
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.I.
Department: Robert Ellis, Public Works Department
ITEM DESCRIPTION
Professional Services Agreement with SRF Consulting for the 2050 Comprehensive Plan
Transportation Chapter for a cost not to exceed $89,852.00.
REQUESTED ACTION
Move to: Approve Professional Services Agreement with SRF Consulting for the 2050
Comprehensive Plan Transportation Chapter
SUMMARY
The Metropolitan Council is the regional planning agency charged with planning and
coordinating the growth and development of the seven-county metropolitan area. State law
requires that at least once every 10 years, city councils, town boards, and county boards
throughout the region submit their updated comprehensive plans to the Metropolitan Council
for approval. A local comprehensive plan represents a community’s vision of how it will develop
its land, redevelop older areas, ensure adequate housing, provide roads and sewers, protect
natural areas, and meet other community objectives.
Under the law, the Metropolitan Council reviews local comprehensive plans to ensure they are
in accord with the overall framework provided by the regional plans. The review helps
determine how a community’s planned actions relate to the interests of the whole region over
the long term. It helps ensure that costly public infrastructure, like roads and sewers, are built in
an economical and coordinated fashion, so that user fees and tax dollars are spent wisely. Once
the Metropolitan Council completes the review process for a comprehensive plan or
amendment, the local government can implement it through zoning ordinances, capital budgets
for public improvements, and other actions.
A local comprehensive plan has several chapters covering topics such as land use, housing,
wastewater, water supply, surface water, parks and trails, climate, natural systems, and
transportation. This action will approve an agreement between the city and SRF Consulting
which allows SRF to assist the city in drafting the transportation chapter of the comprehensive
plan. The transportation chapter will evaluate the city’s long-term transportation needs to
establish a safe, equitable, economical, and efficient multi-modal system. This effort is
expected to be completed by December of 2027.
ATTACHMENTS
Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 7th day of April, 2026, 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 Boulevard, Suite
100, Minneapolis, MN 55416.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for2050 Transportation Comprehensive Plan Update hereinafter referred to as the
“Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are
declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from April 7, 2026, through January 31, 2028,
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $89,852.00 for the services as described in Exhibit
A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 10 (rev. 6/2024)
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
Page 5 of 10 (rev. 6/2024)
$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
Page 9 of 10 (rev. 6/2024)
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:
Stacy Knudson
CFO
www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer
SRF Project No. 20155.PP
March 4, 2026 Robert Ellis Public Works Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Subject: Proposal for Professional Services for Transportation Chapter of the 2050 Comprehensive Plan Update
Dear Robert:
Based on your request, SRF Consulting Group, Inc. (“SRF”) is pleased to submit this Proposal to provide professional services for to complete the Transportation Chapter of Eden Prairie’s 2050 Comprehensive Plan.
Scope of Services
SRF proposed to carry out the work shown in Attachment A: Scope of Services.
Schedule
SRF will adhere to the schedule outlined below:
Basis of Payment/Budget
SRF proposes to be reimbursed for the Scope of Services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Any subconsultants will be paid on an hourly or a lump sum basis. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days.
Based on SRF’s understanding of the project and our Scope of Services, the estimated the cost for this Proposal, including any subconsultant budgets, is $89,852.00, in accordance with the fee estimate provided in Attachment A.
Robert Ellis March 4, 2026 City of Eden Page 2 of 2
Changes in Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, SRF will submit a budget request for the new work and will not begin work until you provide authorization.
We 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.
Molly Stewart, PE, PTOE Senior Project Manager
Attachment(s): Attachment A – Scope of Services
3/4/2026Scope of Work, Hours, and FeePage 1 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE1.0 Project Management & Client Coordination1.1 Molly Stewart and Dave Sweeney will ensure the project remains on schedule and within scope and budget. General project management tasks include email correspondence, internal coordination, budget tracking, and progress reports.212-12----834$6,744.001.2 SRF will be available for check-ins with City staff once a month over the duration of the project. Assumes 14-month development process, including 14 check-in meetings 1/2 hr each. Time for an additional four meetings is included.-10-10-----20$4,000.00SRF Deliverables:Monthly progress reports (with invoices)Meeting notesSUBTOTAL - TASK 1 2220220000854$10,744.002.0 RoadwaysAssumptions:This task will be closely coordinated with Task 11 (Transportation Analysis Zone (TAZ) and Use of Met Council Model). Time to coordinate and/or meet with agency partners (Hennepin County, MnDOT) to obtain data and information has been accouted for in this task.2.1 SRF will describe and map the roadway functional classification in the community. Identification of all classifications will be provided: Principal Arterials, Minor Arterials, Major Collectors, Minor Collectors, and Local roadways-----4---4$484.002.2 SRF will describe and map existing and proposed number of traffic lanes (principal and minor arterial system)-----4---4$484.002.3 SRF will describe and map the existing and projected traffic volumes (principal and minor arterial system)-----4---4$484.002.4 SRF will describe and map the following funded and planned investments outlined in the Imagine 2050 TPP Highway Investment Plan (planned projects are within the 2050 fiscally constrained plan). The vision and under study managed lane projects and vision targeted regional capacity projects will be included. -Figure 9: Regional Mobility Investments: Interchanges -Figure 10. Regional Mobility Investments: Managed Lanes -Figure 11. Regional Mobility Investments: Targeted Regional Capacity- 4 - 2 - 4 - - - 10 $1,738.002.5 SRF will incorporate and describe recommendations from local corridor studies and identify any opportunities to complete or update existing corridor studies documented as priority tiered intersection locations in the Intersection Mobility and Safety Study.- 2 - 8 - 16 - - - 26 $3,774.002.6 SRF will include a safety analysis that includes an analysis of crash trends, data and safety needs by mode and crash severity from the most recent 5 years of available data to prioritize future investments to reduce deaths and serious injuries using a Safe Systems Approach. Our team will identify any high priority transportation corridors and locations in the community to reduce fatalities and serious injuries. - 2 16 8 40 8 - - - 74 $12,142.00SRF Deliverables:Draft roadways element.SUBTOTAL - TASK 2 0816184040000122$19,106.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MNAttachment A - Scope of Services
3/4/2026Scope of Work, Hours, and FeePage 2 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE3.0 TransitAssumptions:Time to coordinate and/or meet with agency partners (Metro Transit, SW Transit) to obtain data and information has been accouted for in this task.3.1 SRF will identify, describe and map the community's identified transit market area(s). Our team will include a discussion of the community’s relationship with the transit market area(s).1--26----9$1,528.003.2 SRF will identify, describe and map the transit system located in the community. Our team will include the following features: • Local transit services and demand response (including dial-a-ride, microtransit) services • The existing and planned transit centers and park and rides • The existing and planned transit advantages---26----8$1,252.003.3 SRF will identify areas of known planned transit service expansion, working with transit provider(s) and identify desired transit expansion corridors or areas based on the City's land use plan.---26----8$1,252.003.4 SRF will describe and address multimodal access needs to transit services within the community. Our team will include a description of pedestrian access routes to transitway stations, local bus stops and other transit facilities. This may be included in the transit element or in the pedestrian element of the plan (depending on City preference).-4-26----12$2,160.003.5 SRF will describe the community’s role and responsibilities with regard to the transitway development process.---26----8$1,252.003.6 SRF will describe and map the transitway alignment and stations and identify the alignments by transit service type (LRT, Dedicated BRT, Commuter Rail, Highway BRT, Arterial BRT).1--26----9$1,528.00SRF Deliverables:Draft transit element.SUBTOTAL - TASK 3 2401236000054$8,972.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
3/4/2026Scope of Work, Hours, and FeePage 3 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE4.0 BikingAssumptions:Time to coordinate and/or meet with agency partners (Met Council, Three Rivers Park District) to obtain data and information has been accouted for in this task.4.1 SRF will describe and map the full local existing and planned bike network. Our team will ensure networks are coordinated across jurisdictions. Include the following information: -Identify local bikeway connections to transit facilities.-Describe plans, strategies or policies to address connectivity gaps in the bike network that improve accessibility and safety.- - 2 2 - 4 - - - 8 $1,242.004.2 SRF will show all tier 1 and tier 2 RBTN corridors and alignments. - - - 2 - 4 - - - 6 $830.004.3 SRF will show the relationships between the RBTN and local bike network including all existing and planned connections.- - 2 2 - 4 - - - 8 $1,242.004.4 SRF will include locations of regional destinations as shown on the RBTN map within your community. Include any locally identified activity centers in your community.- - 2 2 - 4 - - - 8 $1,242.004.5 SRF will review RBTN corridors to determine whether there is an existing or planned bicycle facility alignment that may be designated as the RBTN alignment (to replace the corridor). Our team will describe and map the existing and/or planned bike facility alignment(s) proposed for RBTN designation as a dashed line. This task includes coordination with Met Council staff.--22-4---8 $1,242.004.6 SRF will describe and map regional bicycle barriers (i.e., freeways, railroad corridors, rivers and streams) and discuss how to address the need to provide new or improved crossings of regional bicycle barriers.--22-4---8 $1,242.00SRF Deliverables:Draft biking element.SUBTOTAL - TASK 4 00101202400046$7,040.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
3/4/2026Scope of Work, Hours, and FeePage 4 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE5.0 PedestrianAssumptions:Time to coordinate and/or meet with agency partners (Met Council, Three Rivers Park District) to obtain data and information has been accouted for in this task.5.1 SRF will describe community pedestrian system needs in a manner that responds to the Met Council community designation.- - 2 2 - 8 - - - 12 $1,726.005.2 SRF will describe plans, strategies or policies to address connectivity gaps in the pedestrian network that improve accessibility and safety. Our team will identify if Safe Routes to School plans have been done for schools in the community.- - 2 2 - 8 - - - 12 $1,726.005.3 SRF will map the existing pedestrian network. - - - 2 - 8 - - - 10 $1,314.005.4 SRF will identify and map locally developed pedestrian priority networks or areas, as applicable.- - 2 2 - 8 - - - 12 $1,726.00SRF Deliverables:Draft pedestrian element.SUBTOTAL - TASK 5 006803200046$6,492.006.0 FreightAssumptions:Time to coordinate and/or meet with agency partners (Hennepin County, MnDOT, Met Council) to obtain data and information has been accouted for in this task.6.1 SRF will identify and map railways, barge facilities and truck or intermodal freight terminals within your community (we will refer to designated freight nodes on the Metropolitan Freight System map). Our team will include other important nodes that may generate freight movement, such as industrial parks, warehouses or distribution centers and large shopping areas.- - 2 2 - 6 - - - 10 $1,484.006.2 As available from MnDOT or other sources, SRF will include heavy commercial annual average truck volumes on the Principal Arterial and Minor Arterial network within your community. - - 2 2 - 6 - - - 10 $1,484.006.3 SRF will identify, describe and map any local roadway issues or problem areas for goods movement, such as weight-restricted roads or bridges, bridges with insufficient height or width clearances, locations with unprotected road crossings of active rail lines, or intersections with inadequate turning radii. - - 2 2 - 6 - - - 10 $1,484.00SRF Deliverables:Draft freight element.SUBTOTAL - TASK 6 006601800030$4,452.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
3/4/2026Scope of Work, Hours, and FeePage 5 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE7.0 Travel Demand Management7.1 SRF will describe and document existing local travel demand management policies, ordinances or practices, as applicable. Our team will include any activities or plans to collaborate with regional TDM partners on outreach and promotional activities that support sustainable travel choices.- - 16 - - 8 - - - 24 $4,264.00SRF Deliverables:Draft travel demand management element.SUBTOTAL - TASK 7 001600800024$4,264.008.0 AviationAssumptions:Time to coordinate and/or meet with agency partners to obtain data and information has been accouted for in this task.8.1 SRF will identify policies and ordinances that protect regional airspace from obstructions. Our team will include how the community will notify the FAA of proposed tall structures.- - - 2 - 6 - - - 8 $1,072.008.2 SRF will identify and map any bodies of water that may be used for seaplane operations as designated and regulated by MnDOT in the community.- - - 2 - 6 - - - 8 $1,072.008.3 SRF will map the airport location, including the existing and future (if different) airport boundaries, land access locations, and runways.- - - 2 - 6 - - - 8 $1,072.008.4 SRF will describe the existing and future functional and operational characteristics for any other airport whose influence area includes the City. - - - 2 - 6 - - - 8 $1,072.008.5 SRF will evaluate, address, and establish policies related to land use compatibility issues, identifying efforts that include land acquisition, "preventive" land use measures, or "corrective" land use measures.2 - - 2 - 6 - - - 10 $1,624.00SRF Deliverables:Draft aviation element.SUBTOTAL - TASK 8 2001003000042$5,912.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
3/4/2026Scope of Work, Hours, and FeePage 6 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE9.0 Equity and Inclusion9.1 SRF will describe status of the City's Americans with Disabilities Act (ADA) transition plan or self-evaluation for public rights of way. Our team will identify when it was last updated, any identified target date for compliance, and strategies used to monitor implementation progress and make updates.2----4---6$1,036.00SRF Deliverables:Draft equity and inclusion element.SUBTOTAL - TASK 9 2000040006$1,036.0010.0 Climate and Natural Systems10.1 SRF will include an acknowledgement of state designated targets for statewide vehicle miles traveled (VMT) reduction and greenhouse gas (GHG) emission reductions for the seven county metro region. Our team will identify plans, policies or strategies to reduce per capita VMT and total transportation-related GHG emissions in the community to meet state statutes on reduction targets. --8------8$1,648.00SRF Deliverables:Draft climate and natural systems element.SUBTOTAL - TASK 10 0080000008$1,648.0011.0 Transportation Analysis Zone (TAZ) and Use of Met Council ModelAssumptions:The forecasts published by the Met Council will be used. As a result, the TAZ table will not be replicated in the Transportation Chapter. This task also includes coordination with Met Council to revise TAZ tables.11.1 The SRF team will leverage the 2050 Metropolitan Council Activity Based Model (ABM) to verify the TAZ information within the 2050 Socio-Economic Data (SED) is consistent with the 2040 SED and the anticipated changes as noted in the RFP. SRF will also coordinate with Met Council if revisions need to be made to the TAZ information.-14-4-----18$3,870.0011.2 As part of the travel demand modeling task, SRF will produce GIS based maps including but not limited to existing and future Average Annual Daily Traffic (AADT) on key roadways within the city and a GIS based map highlighting anticipated capacity issues.-4-8-----12$2,292.0011.3 As noted in the RFP, SRF will also confirm/eliminate recommendations in the 2040 Transportation plan based on the capacity issues map.-16-------16$3,632.0011.4 The culmination of SRF’s work will be summarized and documented as part of the transportation plan. This will be coordinated with the Roadway Element.-4-16-----20$3,676.00SRF Deliverables:Draft TAZ-related elements (may be combined with roadway element).SUBTOTAL - TASK 11 0380280000066$13,470.00SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
3/4/2026Scope of Work, Hours, and FeePage 7 of 7SRF Consulting Group, Inc.Work Tasks and Person-Hour EstimatesClient: City of Eden PrairieProject: Transportation ChapterTASK NO.TASK DESCRIPTIONPROF. VIII-VIIPROF. VIPROF. VPROF. IVPROF. IIIPROF. IIPROF. ITECH.SUPPORTTOTALS EST. FEE12.0 Document Compilation and DraftingAssumptions:Goals and strategies to be developed through the preparation of each element as detailed in this proposal. SRF staff will provide the city with an initial understanding of the goals and policies relative to their 2050 TPP alignment, previous goal/policy statements, and our past experiences.12.1 SRF to coordinate with City staff to incorporate public comment into the draft Chapter.- - - 2 - 8 - - - 10 $1,314.0012.2 SRF will compile all elements of the Chapter together in a format consistent with other chapters of the City's comprehensive plan update.2 - - 2 - 8 - - - 12 $1,866.0012.3 SRF will be available to respond to and update elements of the Chapter based on Met Council review.- 2 - 2 - 8 - - - 12 $1,768.0012.4 SRF will create a final draft that is ADA-accessible and compatible with print and/or online use as needed by the City.- 2 - 2 - 8 - - - 12 $1,768.00SRF Deliverables:Draft and Final Transportation Chapter provided in an editable format (e.g. word document).Comment-response tablesGIS files and map packagesSUBTOTAL - TASK 12 240803200046$6,716.00TOTAL ESTIMATED PERSON-HOURS 10766212476188008544AVERAGE HOURLY BILLING RATE $276.00$227.00 $206.00 $173.00 $151.00 $121.00 $0.00 $0.00 $174.00ESTIMATED LABOR AND OVERHEAD$2,760.00 $17,252.00 $12,772.00 $21,452.00 $11,476.00 $22,748.00 $0.00 $0.00 $1,392.00$89,852.00AVERAGE HOURLY PAYROLL RATE$276.00$227.00 $206.00 $173.00 $151.00 $121.00 $0.00 $0.00 $174.00ESTIMATED LABOR$2,760.00 $17,252.00 $12,772.00 $21,452.00 $11,476.00 $22,748.00 $0.00 $0.00 $1,392.00$89,852.00ESTIMATED LABOR AND OVERHEAD$89,852.00SRF ESTIMATED DIRECT NON-SALARY EXPENSES $0.00$89,852.00TOTAL ESTIMATED FEE $89,852.00SUBTOTAL: (SRF Labor and Expenses)SRF CONSULTING GROUP, INC.20155.PP_FeeMINNEAPOLIS. MN
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.J.
Department: Public Works / Engineering – Ashton Kogel
ITEM DESCRIPTION
I.C. 25802 – 2026: Award Contract for the 2026 Surface Seal Project to Corrective Asphalt
Materials, LLC.
REQUESTED ACTION
Move to: Award the contract for the 2026 Surface Seal Project to Corrective Asphalt Materials,
LLC in the amount of $445,986.88
SUMMARY
Street sealcoating is an annual street maintenance project. The surface seal project this year
will consist of applying a maltene based rejuvenating agent to the street. Placing the
rejuvenating agent on the newer pavement surfaces replenishes the maltenes in the asphalt
street that are lost over time. This should lead to the reduction of raveling, pitting, cracks,
potholes, and other signs of ageing and delay the need for overlays and ultimately extending
the life of the pavement.
The actual project costs will be taken from the CIP Pavement Management Fund.
Bids were received on Thursday, March 19th, 2026 for the 2026 Surface Seal Project. One bid
was received as tabulated below:
Corrective Asphalt Materials, LLC $445,986.88
ATTACHMENTS
Construction Contract Agreement
4/2026
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this day of 2026, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Corrective Asphalt Materials, LLC, a Minnesota Limited Liability Company, hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 25802 - 2026 Surface Seal Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $445,986.88.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications (4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents.
VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 2026, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.K.
Department: Public Works/Engineering – Carter Schulze, City Engineer
ITEM DESCRIPTION
Approve Agreement for Professional Services with Bolton & Menk, Inc. for the Design and
Engineering Services for the Purgatory Creek Bridge.
REQUESTED ACTION
Move to: Approve Agreement for Professional Services with Bolton & Menk, Inc. for the Design
and Engineering Services for the Purgatory Creek Bridge.
SUMMARY
The City issued a Request for Proposal seeking qualified engineering firms to provide
engineering services for the replacement of the Purgatory Creek Bridge, which is located on
Creek Knoll Road north of Pioneer Trail. The bridge, originally constructed in 1920, is in poor
condition and requires replacement.
Bolton & Menk, Inc. was one of 4 firms who provided their proposal and were selected based
on qualifications and experience with historic bridge replacement projects. This agreement
which includes a not-to-exceed fee amount of $232,688.00 and proposed schedule showing
construction in 2028 are recommended by staff for approval. This project is listed in the Capital
Improvement Plan including Capital Maintenance and Reinvestment, Transportation and
Stormwater funds.
ATTACHMENT
Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 7th day of April, 2026, between the City of Eden
Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and Bolton & Menk, Inc., a Minnesota corporation
(hereinafter “Consultant”) whose business address is 12224 Nicollet Avenue, Burnsville, MN
55337.
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 Purgatory Creek Bridge Replacement Design and Bidding Services hereinafter
referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Bolton & Menk, Inc. Letter Dated March 26, 2026) 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 April 7, 2026 through February 28, 2027
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 $ 232,688.00 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
Page 2 of 10 (rev. 6/2024)
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 (rev. 6/2024)
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been
paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
Page 4 of 10 (rev. 6/2024)
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
Page 5 of 10 (rev. 6/2024)
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
Page 6 of 10 (rev. 6/2024)
k. All polices, except the Worker’s Compensation Policy and the Professional Liability
Policy, shall insure the defense and indemnity obligations assumed by Consultant under
this Agreement. The Professional Liability policy shall insure the indemnity
obligations assumed by Consultant under this Agreement except with respect to the
liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 (rev. 6/2024)
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s
obligation to defend the City will not apply to claims covered by Consultant’s professional
liability insurance. City will indemnify and hold Consultant harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents
or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance
Page 8 of 10 (rev. 6/2024)
with the Commercial Mediation Procedures of the American Arbitration Association then
currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period
of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 (rev. 6/2024)
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
Page 10 of 10 (rev. 6/2024)
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date
of this Agreement. This provision will survive the completion or termination of this
Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat.
§ 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function
of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in performing
any of the functions of the City during performance of this Agreement is subject to the
requirements of the MGDPA and Consultant shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar MGDPA compliance language. These obligations will
survive the completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
N:\Proposals\City of Eden Prairie, MN\Purgatory Creek Bridge 030626\POST PROPOSAL\Purgatory Creek Final Design Proposal.docx EXHIBIT A March 26, 2026 Mr. Carter Schulze
City Engineer
City of Eden Prairie RE: Proposal for Professional Engineering & Surveying Services
Purgatory Creek Bridge (Bridge No. L8073)
City of Eden Prairie – Project 26805 Dear Mr. Schulze: Thank you for allowing Bolton & Menk, Inc. to provide you with this proposal for engineering and
surveying services in support of efforts to rehabilitate or replace the bridge carrying Creek Knoll Road
over Purgatory Creek. As a part of our proposal we described our project understanding in detail. By
this letter we are summarizing the proposed scope of work and itemization of our estimated fees. Scope of Work
The City of Eden Prairie has requested this proposal from Bolton & Menk, Inc. to provide services aimed
at rehabilitation, restoration or replacement of the Purgatory Creek Bridge that preserve historically
significant elements. This work will also include relocation of a sanitary sewer manhole to a location out
of the streambed. The work will hinge on close coordination with not only the City’s Heritage
Preservation Commission (HPC) but also the Riley Purgatory Bluff Creek Watershed District (RPBCWD).
We have itemized the anticipated tasks of this Phase. Phase 2 Services: 1. Project Management: Project Meetings with City Staff and Project Team, & Regulator agencies,
namely the HPC, & RPBCWD. 2. Survey Work: Supplemental Data Collection 3. Geotechnical exploration & foundation recommendations: Borings & Expertise provided by AET. 4. Water Resources & Hydraulic Analysis: Hydraulic Analysis to support project goals & RPBCWD
Coordination/Requirements. 5. Wetland Delineation & Permitting: Aimed at wetland and endangered species updates to DNR 6. Preliminary Plans: Alternatives analysis and preliminary plan development including review with
City and State Aid staff. May include discussion of variances. 7. Final Plans: Finalize Corridor Design, Construction Limits, Stormwater Management & Utility
Design, develop necessary plans for construction and bidding, Private Utility Coordination,
Preparation of Project Manual and Project Permitting. 8. Bidding Assistance: Prepare Advertisement of Bid and Award Recommendation 9. Sanitary Realignment: Detailed plan development to relocate the manhole outside of the creek.
Purgatory Creek Bridge Proposal – Exhibit A
March 26, 2026
Page 2 N:\Proposals\City of Eden Prairie, MN\Purgatory Creek Bridge 030626\POST PROPOSAL\Purgatory Creek Final Design Proposal.docx Estimate of Fees Bridge L8073 Bridge Replacement March 6, 2026 Jim Archer COST PRICE ANALYSIS WORKSHEET Tasks Task 1: Project Management $24,807.00 Task 2: Topographic Survey $5,030.00 Task 3: Geotechnical Exploration $13,750.00 Task 4: Water Resources & Hydraulic Analysis $63,318.00 Task 5: Wetland Delineation & Permitting $14,334.00 Task 6: Preliminary Design & Plan Development $39,500.00 Task 7: Final Plan Development $35,510.00 Task 8: Bidding Assistance $16,895.00 Task 9: Sanitary Realignment $19,544.00 TOTAL $232,688.00 Note: Total Estimated Engineering Fees – Bolton & Menk $218,938.00
Total Subconsultant Fees - Task 3 (AET):Geotechnical Exploration & Recommendations $13,750 These fees for these individual tasks are estimates and a more detailed breakdown of task hours and
fees were included with the proposal. Bolton & Menk proposes these services to be paid on an hourly
basis, in accordance with the City of Eden Prairie’s standard professional services agreement for a not to
exceed hourly fee of $232,688.00. Bolton & Menk will not invoice the City directly for any
indirect/reimbursable expenses. Schedule: We recognize the need for City Council authorization but, in order to preserve the proposed schedule,
are prepared to begin the data collection and preliminary planning efforts immediately, should the City
commit to these terms in good faith. The proposed schedule reflects final design and plan preparation
work completed by the end of February 2027 for summer construction start. The largest risk to meeting
that schedule lies in regulatory review & approvals. Variances to state aid standards aimed at
preservation may be forced to conform to the schedule of a Variance Committee. Similarly, though we
will do our best to provide early and detailed correspondence, the much needed watershed reviews &
approvals are outside our control.
Purgatory Creek Bridge Proposal – Exhibit A
March 26, 2026
Page 3 N:\Proposals\City of Eden Prairie, MN\Purgatory Creek Bridge 030626\POST PROPOSAL\Purgatory Creek Final Design Proposal.docx Conclusion: Upon completion of design phase services, we would be happy to provide a proposal for construction
phase services. We look forward to providing these professional services to the City of Eden Prairie and
appreciate your consideration of Bolton & Menk, Inc. Please contact me directly at 612-205-5160 or
james.archer@bolton-menk.com if you have any questions, need additional informatio n, or wish to
discuss this proposal. Sincerely, Bolton & Menk, Inc. James D. Archer, P.E. Structural Division Manager | Principal
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.L.
Department: Public Works/ Engineering – Ashton Kogel
ITEM DESCRIPTION
I.C. 25801 – 2026: Award Contract for the 2026 Pavement Rehab Project to Bituminous
Roadways. Inc.
REQUESTED ACTION
Move to: Award the contract for the 2026 Pavement Rehab Project to Bituminous Roadways,
Inc. in the amounts of $3,159,405.00
SUMMARY
The Bituminous Pavement Rehab Project is an annual street maintenance project that includes
mill and overlays, underseals and reclamation projects. These projects are done to avoid full
reconstruction projects which are much more costly and intrusive. The majority of funding is
generated from the Pavement Management CIP. The Pavement Management CIP is funded
through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley
Electric collecting monies annually for pavement maintenance. Other payment sources come
from State Aid funding. The Pavement Management CIP fund also finances seal coating and
other pavement improvement projects.
Sealed bids were received on Thursday, March 26th, 2026 for the 2026 Pavement Rehab Project.
Five (5) bids were received as tabulated below. The low bid in the amount of $3,159,405.00 was
submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and recommends awarding
the contract for the project to Bituminous Roadways, Inc. in the amount of $3,159,405.00.
Bid Summary:
Bituminous Roadways, Inc. $3,159,405.00
GMH Asphalt Corporation $3,284,546.50
Park Construction Company $3,388,312.59
Valley Paving, Inc. $3,461,350.00
Asphalt Surface Technologies Corp. $3,648,495.00
ATTACHMENTS
Construction Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Bituminous Roadways, Inc., a Minnesota corporation, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: IC: 25801 – 2026 Pavement Rehab Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $3,159,405.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.M.
Department: Public Works/ Engineering – Ashton Kogel
ITEM DESCRIPTION
I.C. 25801: Approve Agreement for Professional Services with Braun Intertec Corporation for
Construction Materials Testing for the 2026 Pavement Rehabilitation Project
REQUESTED ACTION
Move to: Approve Agreement for Professional Services with Braun Intertec Corporation for
Construction Materials Testing for the 2026 Pavement Rehabilitation Project in the amount of
$55,435.00.
SUMMARY
This Professional Services Agreement will provide construction material testing for the 2026
Pavement Rehab Project. Testing services will include compaction testing using the Dynamic
Cone Penetration method, obtaining bituminous cores and performing laboratory testing to
measure thickness and density of compacted bituminous and sampling and testing of full-depth
reclamation materials including laboratory testing of said materials. These tests will help ensure
the 2026 Pavement Rehabilitation Project is being completed per the project specifications.
The Agreement for Professional Services with Braun Intertec Corporation has a cost of
$55,435.00. Funding for this will be from the Pavement Management CIP.
ATTACHMENTS
Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 7th day of April, 2026, between the City of Eden
Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation, a Minnesota Company
(hereinafter “Consultant”) whose business address is 11001 Hampshire Avenue S, Minneapolis,
MN 55438.
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 Pavement Evaluation Services for Pavement Management 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 (Braun Intertec Proposal dated March 24, 2026) 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 April 7th, 2026 through December 31st,
2026 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 $55,435 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
Page 2 of 10 (rev. 6/2024)
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 (rev. 6/2024)
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been
paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
Page 4 of 10 (rev. 6/2024)
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
Page 5 of 10 (rev. 6/2024)
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
Page 6 of 10 (rev. 6/2024)
k. All polices, except the Worker’s Compensation Policy and the Professional Liability
Policy, shall insure the defense and indemnity obligations assumed by Consultant under
this Agreement. The Professional Liability policy shall insure the indemnity
obligations assumed by Consultant under this Agreement except with respect to the
liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 (rev. 6/2024)
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s
obligation to defend the City will not apply to claims covered by Consultant’s professional
liability insurance. City will indemnify and hold Consultant harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents
or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance
Page 8 of 10 (rev. 6/2024)
with the Commercial Mediation Procedures of the American Arbitration Association then
currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period
of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 (rev. 6/2024)
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
Page 10 of 10 (rev. 6/2024)
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date
of this Agreement. This provision will survive the completion or termination of this
Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat.
§ 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function
of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in performing
any of the functions of the City during performance of this Agreement is subject to the
requirements of the MGDPA and Consultant shall comply with those requirements as if it
were a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar MGDPA compliance language. These obligations will
survive the completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Ronald A. Case, Mayor
______________________________ _____
Rick Getschow, City Manager
CONSULTANT
By:
Its:
Proposal 10008947_001 March 24, 2026
Ashton Kogel
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Proposal for Construction Materials Testing Services
2026 Pavement Rehabilitation Project
City Project No. 25801-2026
Eden Prairie, Minnesota
Dear Ms. Kogel:
Braun Intertec Corporation (Braun Intertec) submits this proposal to provide construction materials testing
services for the City of Eden Prairie’s 2026 Pavement Rehabilitation Project.
Our Understanding of Project
Per our email correspondence and the plans provided, we understand the City’s 2026 project will include
about 10.6 miles of repairs consisting of:
▪3.5-inch Full-depth reclamation (FDR) (approximately 2.83 miles)
▪6-inch FDR (approximately 0.55 miles)
▪1.5-inch mill-and-overlay (approximately 0.12 miles)
▪2-inch mill-and-overlay (approximately 5.5 miles)
▪2-inch mill-and-overlay with undersealing (approximately 0.21 miles)
▪3.5-inch mill-and-overlay with undersealing (approximately 1.44 miles).
Available Project Information
This proposal was prepared using the following documents and information.
▪Our Pavement Evaluation Report dated July 22, 2025 (Braun Intertec project number B2306627).
▪Estimated quantities for the proposed project, provided by the City on March 13, 2026.
▪City of Eden Prairie Bid Plans for the 2026 Pavement Rehabilitation Project, City Project No. 25801-
2026, dated March 5, 2026.
City of Eden Prairie
2026 Pavement Rehabilitation Project
Proposal 10008947_001
March 24, 2026
Braun Intertec Page 2
▪City of Eden Prairie Special Conditions for 2026 Bituminous Mill & Overlay, Underseal, and
Reclamation Project I.C. 25801-2026, provided by the City on March 12, 2026.
▪Discussions with the City regarding the proposed project.
Scope of Services
Services will be performed under the direction of a licensed professional engineer. Testing services will be
performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project
representative. After reviewing available information to determine compliance with project plans and/or
specifications and other design or construction documents, our scope of services for the project will be
limited to the tasks defined below.
Soil Related Services
▪Sample and test full-depth reclamation for compliance with the project documents. This task
includes laboratory gradation testing of full-depth reclamation materials.
▪If requested, perform laboratory gradation testing on samples of undersealing materials.
▪Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation materials.
▪As requested, we are including time in this proposal for a staff engineer from Braun Intertec to
perform site visits to complete soil or FDR observations.
Bituminous Related Services
▪Randomly determine and mark pavement core locations. As discussed with the City and has been
done previously on the City’s pavement rehabilitation projects, coring will be performed about two
times per week, which is less than noted in the specifications.
▪Obtain bituminous cores and measure the thickness and density of the compacted bituminous
pavement by the core method for compliance with project documents. This task includes coring
equipment, performing the coring and patching the core holes.
▪Laboratory testing of cores to determine density and measure thickness.
Consulting, Project Communication and Reporting Services
▪Project management, including scheduling of our field personnel.
▪Review test reports and communicating with you and the parties you may designate such as the
project contractor(s), and other project team members, as needed.
▪Transmit test results to the project team on a weekly basis.
City of Eden Prairie
2026 Pavement Rehabilitation Project
Proposal 10008947_001
March 24, 2026
Braun Intertec Page 3
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following assumptions.
If the construction schedule is modified or the contractor completes the various phases of the project at
different frequencies or durations than shown in this proposal, we may need to adjust the overall cost
accordingly. The scope of work and number of trips required to perform these services are as shown in the
attached table. Notable assumptions in developing our estimate include:
▪We understand compaction testing on full-depth reclamation materials will be performed using
the Dynamic Cone Penetration (DCP) method; a minimum of 3 tests will be conducted each trip with
15 trips assumed.
▪We assume we will core the bituminous pavement 2 times a week for 10 weeks. We also assume we
will perform up to 8 cores per trip.
▪We assume we will use the contractor’s bituminous mixture properties to assist in determining core
density.
▪Where required, we assume traffic control for all project areas will be provided for our coring crews
by the City of Eden Prairie and/or the contractor for this project.
▪We understand that your full-time on-site construction inspector will observe the test rolling for this
project.
▪You, or others you may designate, will provide us with current and approved plans and specifications
for the project. Modification to these plans must also be sent to us so we can review their
incorporation into the work.
▪We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter
than 24 hours’ notice may impact our ability to perform the requested services, and the associated
impacts will be the responsibility of others.
If the work is completed at different rates than described above, this proposal should be revised. If the pace
of construction is different than described above, this proposal should be revised.
Cost and Invoicing
We will furnish the services described herein for an estimated fee of $55,435. Our estimated costs are
based on industry averages for construction production. Depending on the contractor’s performance,
our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our
estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The
actual cost of our services will be based on the actual units or hours expended to meet the requirements of
the project documents.
City of Eden Prairie
2026 Pavement Rehabilitation Project
Proposal 10008947_001
March 24, 2026
Braun Intertec Page 4
This cost estimate was developed with the understanding that the scope of services defined herein will be
required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday.
Services that we are asked to provide to meet the project requirements or the contractor’s construction
schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for
services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for
the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed
hourly rate for the service provided. We have not included premiums for overtime in our cost estimate;
however, we recommend that allowances and contingencies be made for overtime charges based on
conversations with the contractor. You will be billed only for services provided on a time and materials basis.
Because our services are directly controlled by the schedule and performance of others, the actual cost may
vary from our estimate. It is difficult to project all of the services and the quantity of services that may be
required for any project. If services are required that are not discussed above, we will provide them at the
rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on
a monthly basis.
City of Eden Prairie
2026 Pavement Rehabilitation Project
Proposal 10008947_001
March 24, 2026
Braun Intertec Page 5
General Remarks
We based the proposed fee on the scope of services described and the assumption that you will authorize
our services within 30 days and that others will not delay us beyond our proposed schedule. If anything in this
proposal is not consistent with your requirements, please let us know immediately.
We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss
our proposed scope of services further and clarify the various scope components. Braun Intertec will not
release any written reports until we have received a signed agreement. Ordering services from Braun Intertec
constitutes acceptance of the terms of this proposal.
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie with
this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Jesse Hill-Male at 763.248.0148 (jhill-male@braunintertec.com) or Amy Grothaus at
651.261.7122 (agrothaus@braunintertec.com).
Sincerely,
Braun Intertec Corporation
Jesse O. Hill-Male, EIT
Staff Engineer
Andrew M. Valerius
Director, Senior Project Manager
Amy J. Grothaus, PE
Senior Manager, Senior Engineer
Attachments:
Cost Estimate Table
c: Molly Swanson, City of Eden Prairie
The proposal is accepted, and Braun Intertec is
authorized to proceed.
_____________________________________________
Authorizer’s Firm
_____________________________________________
Authorizer’s Signature
_____________________________________________
Authorizer’s Name (please print or type)
_____________________________________________
Authorizer’s Title
_____________________________________________
Date
1
Fee Estimate
10008947_001
City of Eden Prairie 2026 Pavement Rehabilitation
Client: Work Site Address:
City of Eden Prairie
Ashton Kogel
8080 Mitchell Rd
Eden Prairie, Minnesota 55344-4485
(952) 949-8316
Various City Streets
Eden Prairie, Minnesota 55344
Qty/Hours Rate Amount
Task 1: Construction Materials Testing
Subtask 1.1: Soil Observations $2,625.00
Staff Engineer 15.00 160.00 $2,400.00
Subgrade/FDR Observations 5 Trips @ 3 Hr 15.00
Trip Charge 5.00 45.00 $225.00
Subtask 1.2: Soil Testing $7,470.00
Soil Compaction Testing 45.00 102.00 $4,590.00
FDR DCP Testing 15 Trips @ 3 Hr 45.00
Soil Sample pick-up 15.00 102.00 $1,530.00
Sample Pick-up 15 Trips @ 1 Hr 15.00
Trip Charge 30.00 45.00 $1,350.00
Subtask 1.3: Pavement Testing $24,900.00
Trip Charge 20.00 45.00 $900.00
Bituminous Coring, two person crew, per hour 80.00 240.00 $19,200.00 Bituminous Coring, two-person crew 20 Trips @ 4 Qty 80.00
Bituminous Core Patch & Barrel Wear, per core 160.00 30.00 $4,800.00
Subtask 1.4: Laboratory Testing $12,760.00
Sieve Analysis with No. 200 wash (ASTM C136 and C117) 15.00 168.00 $2,520.00
Asphalt Thickness and Density of Core ASTM D3549 each 160.00 64.00 $10,240.00
Subtask 1.5: Project Management $7,680.00
Staff Engineer 25.00 160.00 $4,000.00
Project Assistant 10.00 102.00 $1,020.00
Senior Project Manager 10.00 218.00 $2,180.00
Project Control Specialist 3.00 160.00 $480.00
Task 1 Total: $55,435.00
Project Total $55,435.00
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.N.
Department: Jake Sandvig, Public Works/Streets
ITEM DESCRIPTION
Contract for 2026 Curb and Gutter Replacement for the repair of street curb and gutter related
to our pavement rehab operations. Quotes were received from the following companies:
• JL Theis, Inc. - $185,200.00
• Concrete Idea Inc - $198,800.00
• Curb Masters, Inc. - $199,860.00
• New Look Contracting, Inc. - $229,870.00
• Ti-Zack Concrete, LLC - $322,728.40
• Standard Sidewalk, Inc. - $341,344.00
• Pember Companies, Inc. - $350,025.00
REQUESTED ACTION
Move to: Award the contract for 2026 Curb and Gutter Replacement with JL Theis, Inc. in an
amount not to exceed $300,000.00.
SUMMARY
Quotes were received for the 2026 Curb and Gutter Replacement related to our pavement
rehab operations. A low quote of $185,200.00 was submitted by JL Theis, Inc. for the estimated
quantities. If 2026 sees additional work beyond the estimated quantities, this contract will use
the submitted unit bid prices up to a total amount not to exceed $300,000.00.
This contract aims to help Streets Division Staff with the removal and installation of street curb
and gutter related to our mill and overlay operations. This allows streets to stay on schedule
with our milling operations to complete pavement rehab operations.
ATTACHMENTS
Attachment
Construction Contract
This Agreement (“Agreement”) is made on the _____ day of _____________, 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and JL Theis, Inc., a Minnesota Company (hereinafter "Contractor") whose business address is 16690 Greystone Lane, Jordan, MN 55352.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for 2026 Curb and Gutter Replacement hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. Work shall be completed
by June 12, 2026.
3. Compensation for Services. City agrees to pay the Contractor for work performed per linear foot as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A, not to exceed $300,000.00.
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.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract 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
Contractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
(rev. 6/2024)
Standard Construction Contract (rev. 6/2024)
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.O.
Department: Rachel Scheele, Public Works/Engineering
ITEM DESCRIPTION
I.C. 26807: Award Contract for the 2026 ADA Pedestrian Ramp Improvement Project to Concrete
Idea Inc.
REQUESTED ACTION
Move to: Award the contract for the 2026 ADA Pedestrian Ramp Improvement Project in the
amount of $120,563.50 to Concrete Idea Inc.
SUMMARY
Ten bids were received on Thursday, March 26, 2026. The bids received are summarized below:
Concrete Idea Inc. $120,563.50
Create Construction LLC $121,236.50
Clark Companies $124,956.00
BKJ Land Co $127,929.50
New Look Contracting, Inc. $128,496.75
Standard Sidewalk, Inc. $142,804.00
JL Theis, Inc. $151,612.04
Pember Companies, Inc. $166,329.90
TI-Zack Concrete, LLC $188,403.82
Vada Contracting, LLC $210,145.83
Staff recommends awarding the contract for the project to Concrete Idea Inc. in the amount of
$120,563.50.
The 2026 ADA Pedestrian Ramp Improvement Project is included in the City’s 2025-2034 Capital
Improvement Plan under the ADA Ramp Improvement Program. The project will improve high-
priority curb ramps, sidewalks and trails throughout the city to meet Minnesota ADA standards.
Priority locations were selected based on proximity to transit stations, community facilities, high
and medium-high density housing, and Southwest Transit bus stops. Funding is provided by the
Capital Maintenance & Reinvestment Fund and the Transportation Fund. Construction is
anticipated in spring and summer 2026.
ATTACHMENTS
Construction Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 7th day of April 2026, by and between the City of Eden
Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Concrete Idea
Inc., a Minnesota corporation, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the
Plans and Specifications prepared by the Public Works Department referred to in Paragraph
IV, as provided by the CITY for:
IC: 26807 2026 Pedestrian Ramp Improvement Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the
office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $120,563.50.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal Form
d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents.
VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________
Its: City Manager
CONTRACTOR
______________________________
By: __________________________________
Printed Name: _________________________
Its: _______________________________
Title
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Agenda
Item Number: VII.P.
Department: Public Works/Utilities Division – Andy Allmann
ITEM DESCRIPTION
Approve Construction Contract with Summit Infrastructure, LLC for the Rehabilitation of
fourteen City Manholes.
REQUESTED ACTION
Move to: Approve Contract with Summit Infrastructure, LLC in the amount of $97,515 to
Rehabilitate thirteen Sanitary Sewer Manholes and One Water Manhole using a Synthetic
Structural Lining Method.
SUMMARY
Synopsis
Utilities Division repairs leaks throughout the city each year in sanitary sewer manholes by
manually removing and replacing defective components. Manholes which leak but are
structurally sound can be repaired by lining the concrete structure with a self-sealing plastic
grout system. This contract will repair fourteen manholes in that manner.
Background Information
Inflow and Infiltration (I&I) is a problem that impacts every community with a sanitary sewer
system. I&I occurs when ground or surface water makes its way into the sanitary sewer,
effectively robbing the sewer system of capacity that should be reserved for wastewater.
Quotes were received from three liner system contractors, and Summit Infrastructure, LLC
provided the proposal with the lowest cost.All costs associated with this contract will be paid
from the wastewater utility enterprise fund.
ATTACHMENTS
Construction Contract
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the _7th__day of_ April__, 2026____, between the City
of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and __Summit Infrastructure, LLC___, a Wisconsin
____Company________(hereinafter "Contractor") whose business address is__555_Wick Ct Ste
102,_Neenah, WI 54956__. .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
___The Rehabilitation of Thirteen Sanitary Sewer Manholes and One Water Manhole__
hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by _November 30, 2026_.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $_97,515.00_
as full and complete payment for the labor, materials and services rendered pursuant to this
Contract 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.
Standard Construction Contract (rev. 6/2024) Page 2 of 13
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been
paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment shall
constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 13
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract (rev. 6/2024) Page 4 of 13
10. Private Property. The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;
and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City shall have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part
thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed
by the Contractor within ten (10) days after the date fixed in the written notice from the City to
the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such
compensation, with complete substantiating records, shall be filed with the City within ten (10)
days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order shall be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 13
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract
upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five
(45) days after the sum becomes due.
16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor and
to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 13
shall be in a form approved by the City. Contractor shall provide the Bond to the City before
commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void.
[BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000
OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria
required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that
the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract (rev. 6/2024) Page 7 of 13
deem necessary and appropriate for the performance of its obligations pursuant to this
Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
Standard Construction Contract (rev. 6/2024) Page 8 of 13
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and
completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract (rev. 6/2024) Page 9 of 13
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss
for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the
property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract (rev. 6/2024) Page 10 of 13
services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance with
the Commercial Mediation Procedures of the American Arbitration Association then
currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation
of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract (rev. 6/2024) Page 11 of 13
termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
Standard Construction Contract (rev. 6/2024) Page 12 of 13
35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
38. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other
parties relevant to this Contract are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective
date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Contract which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with
Minn. Stat. § 13.05, subd. 11, to the extent this Contract 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
Contractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Contract shall contain similar MGDPA compliance
language. These obligations will survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall
not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract (rev. 6/2024) Page 13 of 13
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
ESTIMATE
Summit Infrastructure LLC
555 Wick Ct Ste 102
Neenah, WI 54956-1273
creynolds@summitinfrastruct.com
+1 (920) 809-3737
www.SummitInfrastruct.com
City of Eden Prarie
Bill to
Derek Schulze
14100 Technology Drive
Eden Prarie, MN 55344
Estimate details
Estimate no.: 200139
Estimate date: 02/12/2026
Project Name: Manhole Rehab
Project Location: Eden Prairie, MN
#Product or service Description Amount
1.Manhole Rehab (Tri-layer)SAMH-S09-2486 $5,040.00
2.Manhole Rehab (Tri-layer)SAMH-N26-6099 $2,910.00
3.Manhole Rehab (Tri-layer)SAMH-N24-41703(west)$6,975.00
4.Manhole Rehab (Tri-layer)SAMH-N24-5906(east)$6,525.00
5.Manhole Rehab (Tri-layer)SAMH-S15-4351 $7,215.00
6.Manhole Rehab (Tri-layer)SAMH-N06-2122 $5,010.00
7.Manhole Rehab (Tri-layer)SAMH-S07-1868 $5,100.00
8.Manhole Rehab (Tri-layer)SAMH-S24-5913 $2,190.00
9.Manhole Rehab (Tri-layer)SAM-S14-3749 **Deduct $8,400 to coat only 45 vertical feet $25,485.00
10.Manhole Rehab (Tri-layer)SAMH-S14-4334 $14,250.00
11.Manhole Rehab (Tri-layer)SAMH-S02-6867 $3,270.00
12.Manhole Rehab (Tri-layer)SAMH-S07-1810 $5,820.00
13.Manhole Rehab (Tri-layer)Fill Station $3,270.00
14.Manhole Rehab (Tri-layer)SAMH-N12-6944 $4,365.00
EXHIBIT A: SCOPE OF WORK, CONSTRUCTION CONTRACT FOR MANHOLE REHABILITATION
15.Mobilization $3,360.00
Note to customer
Includes:-Clean and prep of manholes
-Injection grouting of manholes if needed
-Application of polyurea based three-layer system
-All materials and labor to complete project-10-year warranty on labor and materials
** 10-year warranty for fully coated manholes only
Water supply to be provided by town
Excludes:
-Sales and use tax-Vac truck or bypass pumping services (should not be needed)
Discount applied for DEMO
Subtotal $100,785.00
Discount -$3,270.00
Total $97,515.00
Accepted date Accepted by
to k e n = 6 5 b e 1 b 4 a 5 3 9 e 4 a 5 9 9 6 4 9 b 6 2 3 3 e b 0 2 c a 4 1 f6 5 9 6 0 1 9 5 b c 4 9 4 2 b 4 a 3 9 1 0 a 5 5 3 e c 8 a b 7 9 1 e b 2 d 2 d 6 9 4 4 5 c 1 8 d c b 2 d 3 9 f7 3 5 1 d f6
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Agenda
Item Number: VII.Q.
Department: Public Works/Utilities Division (Rick Wahlen, Manager)
ITEM DESCRIPTION
Approve Professional Services Agreement with AE2S for Engineering Construction Management
Services for the Geothermal HVAC project at the Water Treatment Plant.
REQUESTED ACTION
Move To: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services (AE2S) in the amount of $154,600 to perform engineering construction
management services.
SUMMARY
The City’s water treatment plant is receiving a geothermal heating and cooling system upgrade
this summer designed under a previous professional services agreement for design and bidding
services with AE2S. This agreement covers the construction management activities including
review and tracking of performance, work completion, materials used, problems encountered,
changes that may be necessary, and project close-out. Funds were set aside in the Water Utility
Capital Improvement Plan to do this work in 2025 and 2026, plus the City will be applying for a
federal tax credit which will reimburse roughly 1/3 of the construction cost.
ATTACHMENTS
Attachment 1: Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this _7th_ day of _April_, 2026, between the City of
Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering and Environmental
Services (AE2S)_, a North Dakota _Limited Liability Company_ (hereinafter “Consultant”)
whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for_the Engineering Construction Administration Services for the Replacement of the
Water Treatment Plant HVAC system with a geothermal process_ 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 ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a 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 _April 7, 2026_through August 31,
2028_ the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3.Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 154,600 for the services as described in Exhibit
A.
a.Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b.Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 (rev. 6/2024)
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 (rev. 6/2024)
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been
paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 4 of 10 (rev. 6/2024)
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
Page 5 of 10 (rev. 6/2024)
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
Page 6 of 10 (rev. 6/2024)
k. All polices, except the Worker’s Compensation Policy and the Professional Liability
Policy, shall insure the defense and indemnity obligations assumed by Consultant under
this Agreement. The Professional Liability policy shall insure the indemnity
obligations assumed by Consultant under this Agreement except with respect to the
liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 (rev. 6/2024)
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s
obligation to defend the City will not apply to claims covered by Consultant’s professional
liability insurance. City will indemnify and hold Consultant harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents
or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance
Page 8 of 10 (rev. 6/2024)
with the Commercial Mediation Procedures of the American Arbitration Association then
currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period
of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 (rev. 6/2024)
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
Page 10 of 10 (rev. 6/2024)
a.Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective 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:
February 24, 2026
City of Eden Prairie
Mr. Rick Wahlen
Utility Operations Manager
14100 Technology Drive
Eden Prairie, MN 55344
Re: Proposal for Professional Services
WTP Geothermal Heating and Cooling Project – Construction Administration
Dear Mr. Wahlen:
Advanced Engineering and Environmental Services, LLC. (Consultant) proposed to render
professional engineering services (Assignment) to City of Eden Prairie (City).
Scope of Basic Services
The City of Eden Prairie is looking to capture energy using finished water as the source to reduce
the energy consumption associated with heating and cooling of the water treatment plant. This
project consists of HVAC improvements at the existing water treatment plant in Eden Prairie, MN.
Improvements include replacing the existing hot water boiler and air-cooled chiller with water-
to-water heat pumps using the process water as the heat sink. The three (3) existing dehumidifiers
will also be replaced. It is anticipated that the dehumidifier that serves the filter area will be
replaced in-kind and that the two (2) dehumidifiers that serve the gallery-level spaces will be
replaced with several portable refrigerant-type dehumidifiers. Existing air handlers 101, 102, and
103 will be modified to replace the existing dx cooling coils with chilled water coils. Leaving and
existing boiler for backup heating source will be considered.
Consultant or their sub-consultants will be responsible for the following tasks related to the
WTP Geothermal Project:
Construction Administration Phase Services
•Issue contract document clarification as required.
•Act as City of Eden Prairie’s liaison with contractor.
•Organize, coordinate, lead, and attend preconstruction conference. Provide and
distribute meeting minutes.
•Bi-weekly virtual construction progress meetings.
•Coordination with City’s tax credit consultant
Exhibit APage 1 of 4
City of Eden Prairie
WTP Geothermal Construction Administration Proposal
Page 2 of 4
•Process contract change order requests.
•Review contractor-submitted construction progress schedules.
•Process contractor pay requests.
•Review final submittal from contractor with respect to conformance with the contract
documents.
•Process final pay request and project close-outs including record drawings.
•Includes up to 120 hrs of construction site visits and observation by project personnel.
•Support City, as needed, during the warranty phase. Includes up to 16 hours during the
12-month warranty period.
Assumptions
•Consultant shall not at any time supervise, direct, control, or have authority over any
contractor's work, nor shall Consultant have authority over or be responsible for the
means, methods, techniques, sequences, or procedures of construction selected or used
by any contractor, or the safety precautions and programs incident thereto, for security
or safety at a project site, nor for any failure of a contractor to comply with laws and
regulations applicable to such contractor's furnishing and performing of its
work. Consultant neither guarantees the performance of any contractor nor assumes
responsibility for any contractor’s failure to furnish and perform its work in accordance
with the contract between the City and such contractor. Consultant shall not be
responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of
any of their agents or employees or of any other persons (except Consultant's own
employees) at a project site or otherwise furnishing or performing any construction
work; or for any decision made regarding the construction contract requirements, or any
application, interpretation, or clarification of the construction contract other than those
made by Consultant.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by
the City, Consultant will provide services beyond the scope of this proposal on an hourly basis in
accordance with Consultant’s Hourly Fee Schedule.
Exhibit A
City of Eden Prairie
WTP Geothermal Construction Administration Proposal
Page 3 of 4
City’s Responsibilities
City shall do the following in a timely manner, so as not to delay the services of Consultant:
1.Designate a person to act as City’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit instructions,
receive information, and interpret and define Consultant’s policies and decisions with
respect to services for the Assignment.
2.Provide relevant information regarding requirements for the Assignment. Consultant shall
be entitled to use and rely upon all information provided by City or others in performing
Consultant’s services under this Agreement.
3.Provide access to the relevant site sufficient for Consultant to perform its services under
this Agreement.
4.City shall, so long as Consultant is not in default, promptly pay Consultant for such services
as have been performed satisfactorily hereunder in accordance with the fee terms set forth
herein.
5.Coordinate with the public and City Council, as needed.
6.Procure necessary testing services and bare cost associated with required testing.
Fees
Consultant shall render services under this Agreement on an hourly basis in accordance with our
Hourly Fee Schedule. Consultant proposes to complete the Scope of Services on an hourly not to
exceed basis. A breakdown of the estimated costs for the Scope of Services is as follows:
WTP Geothermal Project Fee
Construction Administration Phase Engineering Services $154,600
Total $154,600
Anticipated Times for Rendering Services
Consultant shall use commercially reasonable efforts to complete Basic Services within a
reasonable time period. Anticipated schedule is as follows:
•Construction Kickoff – February 2026
•Substantial Completion – October 1, 2026
•Final Completion – November 1, 2026
Exhibit A
City of Eden Prairie
WTP Geothermal Construction Administration Proposal
Page 4 of 4
Thank you for the opportunity to assist with this project and we look forward to working with you.
Sincerely,
Jason Benson
Project Manager
AE2S
Exhibit A
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.R.
Department: Chief Matt Sackett, Police Department
ITEM DESCRIPTION
Approve Juvenile Liaison Officer Agreement with Independent School District No. 272
REQUESTED ACTION
Move to: Approve Juvenile Liaison Officer Agreement with Independent School District No. 272
SUMMARY
For many years, the Eden Prairie Police Department has provided juvenile liaison officers, also
known as school resource officers, to work within Eden Prairie Schools. This represents the
formal written relationship agreement governing school resource officers, the Police
Department and Independent School District No. 272.
Under the proposed agreement, the City will dedicate 4.5 full time, licensed police officers, to
serve as Juvenile Liaison Officers. In accordance with state law, the duties of the Liaison Officers
will include the following:
• Fostering a positive school climate through relationship building and open
communication;
• Protecting students, staff, and visitors to the school grounds from criminal activity;
• Serving as a liaison from law enforcement to school officials;
• Providing advice on safety drills;
• Identifying vulnerabilities in school facilities and safety protocols;
• Educating and advising students and staff on law enforcement topics; and
• Enforcement of criminal laws.
The proposed agreement provides for an initial term of two school years ending June 30, 2028.
The School District will pay the City of Eden Prairie $401,834.99 and $413,212.10 for the years
ending June 30, 2027 and June 30, 2028, respectively. These amounts equate to approximately
50% of the City’s costs for wages and benefits for the Liaison Officers. The agreement, and
specifically the payment from the School District to the City, will be revisited after the initial
two-year term.
ATTACHMENTS
Juvenile Liaison Officer Agreement
JUVENILE LIAISON OFFICER AGREEMENT By and Between Independent School District No. 272 and City of Eden Prairie
This Juvenile Liaison Officer Agreement ("Agreement") is made as of April 7 � 2026
(the "Effective Date"), by and between Independent School District No. 272, a Minnesota public school ("District") and the City of Eden Prairie, a Minnesota municipal corporation ("City"). The District and the City may be individually referred to in this Agreement as a "Party" and collectively as the "Parties."
RECITALS
A.The City and the District participate in a Juvenile Liaison Officer program. The program isdesigned to improve understanding, build trust, and develop mutual respect between police,
school staff, parents, and students.
B.The City and the District seek to establish and coordinate a cooperative communityapproach among schools, students, parents, law enforcement, the City , and other resourcesin addressing the needs of students and the community.
C.In accordance with Minnesota Statutes Section 626.8482 (2024), the District desires toengage the City to provide the services described in this Agreement for the 2026-2027 and2027-2028 school years, and the City is willing to provide such services on the terms andconditions in this Agreement.
NOW, THEREFORE, based on the Recitals above and in consideration of the terms and
conditions expressed in this Agreement, the City and the District agree as follows:
1.Term of Agreement. The term of this Agreement commences on July 1, 2026 and expireson June 30, 2028, unless terminated earlier as provided below.
2.Provision of Liaison Officers. The City will provide four and one-half (4.5) full-time,
licensed police officers to perform Services on a full-time basis (the "Liaison Officers").
"Liaison Officer" will have the same meaning as the term "school resource officer" as
defined in Minn. Stat. § 626.8482, subd. l(c). The City will consult with the District as towhich officers will serve as Liaison Officers, but the ultimate selection, vetting, andretention of the Liaison Officers will be at the City's sole discretion. Liaison Officers maybe assigned to a specific school building or buildings upon the mutual agreement of theParties.
3.Services. The services to be provided by the Liaison Officers to the District (the
"Services") will include the following duties as enumerated in Minnesota Statutes Section
626.8482, subdivision 2(a):
•Fostering a positive school climate through relationship building and opencommunication;
4
o Protecting students, staff, and visitors to the school grounds from criminal
activity;
o Serving as a liaison from law enforcement to school offrcials;
o Providing advice on safety drills;o Identifying vulnerabilities in school facilities and safety protocols;
¡ Educating and advising students and staff on law enforcement topics; and
o Enforcement of criminal laws.
The Liaison Officers will provide additional services that may be agreed upon by the
parties. All Services will be provided in accordance with and subject to the provisions of
Minnesota Statutes ç 626.8482, including but not limited to Minn. Stat. $ 626.8482, subd.
1(c), which prohibits the Liaison Offrcers from using force or the authority of their offtce
solely to enforce school rules or policies or participate in the enforcement of discipline for
violations of school rules.
The specific daily schedule and duties of each Liaison Offrcer will be subject to the mutual
agreement of the Parties. Liaison Offrcers will perform the Services during regular school
days and during other events, activities, and meetings as agreed upon by the parties.
Compensation. The District will pay to the City $401,834.99 and 5413,212.10 for the
Liaison Officers who perform Services pursuant to this Agreement for the years ending
June 30, 2027 and June 30, 2028, respectively. The City will invoice the District on an
annual basis in November of each year for the current school year. The District's payment
will be due within thirty (30) days of invoice.
5. Equipment and Training.
A.The City is responsible for providing each Liaison Officer with a vehicle and all
necessary law enforcement equipment, including any necessary computer
equipment and electronic devices.
Liaison Offrcers will generally be attired in full patrol uniform, but changes to
Liaison Offrcer attire may be agreed upon by the Parties from time to time as
necessary to foster a positive school climate, facilitate the establishment of positive
relationships with students, and promote open communication.
The City will provide all necessary training and education required for the Liaison
Officers to provide Services under this Agreement, including ensuring that each
Liaison Officer completes the training course required by Minn. Stat. $ 626.8482,
subdivision 3. The City has adopted a Juvenile Liaison Officer Policy (Police
Department Directive 11.28) in accordance with Minn. Stat. $ 626.8482, subd. 6,
and all Liaison Offrcers will be required to perform the Services in compliance with
the policy.
B
C
2
6 District Obligations. The District will have the following duties and responsibilities
related to the Liaison Offrcers and the Services:
a. Provide dedicated offrce space for each Liaison Officer. At a minimum, the offrce
space will be furnished with a desk, chair, and landline telephone. The Liaison
Officer may utilize school equipment to print materials and make photocopies at
the school building where the Liaison Officer is assigned if such materials and
photocopies relate to the Services. Individual schools may elect to provide
additional resources to the Liaison Offrcer.
b. Provide clerical help and assistance to the Liaison Officer when needed, including
providing supplies and materials reasonably necessary for the Services.
c. Require school administrators to provide guidance and coordinate the efforts of the
Liaison Offrcer within each assigned school building, including informing the
Liaison Offrcers of District resources available to school staff to assist with de-
escalation of conflicts in school.
d. Establish a notification process to inform school families and the public that a
Liaison Offrcer will be present in the schools.
Termination. Notwithstanding any other provision hereof to the contrary this Agreement
may be terminated as follows:
a.The Parties, by mutual written agreement, may terminate this Agreement at any
time.
By either Party for the other Party's material breach of this Agreement, immediately
upon written notice to the breaching Party.
By either Party at any time, for any reason or no reason at all, upon providing at
least thirty (30) days'written notice to the other Party.
In the event of a termination, the District will pay the City for Services performed to the
date of the termination. As set forth in this Agreement, the parties agree that certain
paragraphs in this Agreement survive termination of this Agreement.
Amendments. Except as expressly permitted by this Agreement, no amendments may be
made to this Agreement except in writing signed by both parties.
Records/Inspection. Pursuant to Minn. Stat. $ 16C.05, subd. 5, the Parties agree that the
books, records, documents, and accounting procedures and practices of the parties that are
relevant to this Agreement are subject to examination by the Parties and the State Auditor
or Legislative Auditor for a minimum period of six years. The Parties will maintain such
records for a minimum of six years after final payment. These obligations will survive the
termination of this Agreement.
7
b.
c.
8
9
J
10.
11.
t2.
16.
Indemnification. Except for claims arising out of the gross negligence or willful
misconduct of the other Party, its officers, employees, offrcials, agents or representatives,
each Party is solely responsible for the acts and omissions of its own officers, employees,
offrcials, agents, and representatives. To the extent permitted by law, each Party agrees to
indemnifu the otherparty from any and all damages, liability, judgments, claims, expenses,
attorney fees, and costs resulting from any actor omission of any of its officers, employees,
officials, agents, or representatives in the execution, performance, or failure to adequately
perform its obligations under this Agreement. Each Party's liability, if any, is limited under
Minnesota Statutes Chapter 466, andnothing thisAgreement may be deemed to constitute
a waiver of those limits.
Assignment and Subcontracting. Neither the City nor the District shall assign,
subcontract, or transfer any rights under or interest (including, but without limitation,
moneys that may become due or moneys that are due) in this Agreement, in whole or in
part. Any instrument in violation of this paragraph is null and void.
Employment Status. At all times and for all purposes, the City is and will remain the
exclusive employer of all Liaison Ofücers who perform Services pursuant to this
Agreement. No Liaison Officer will be considered to be an official, employee, agent,
educational service provider, or representative of the District, and no Liaison Offrcer may
make any representation to the contrary. The City maintains full control over the police
officers it employs and is solely responsible for all employment and administrative
functions related to its employees, including, but not limited to, supervision and evaluation,
payroll and deductions, maintenance of all required insurance (e.g. workers'compensation
insurance, unemployment insurance, liability insurance), and any labor disputes or
grievances.
13.Compliance with Laws. The Parties will exercise due care to comply with applicable
federal, state, and local laws, rules, ordinances, and regulations in effect during the term of
this Agreement. These obligations survive termination of this Agreement.
14.Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties will constitute the entire agreement between the City
and the District and supersedes any other written or oral agreements between the Cþ and
the District. This Agreement can only be modified in writing signed by the City and the
District. If there is any conflict between the terms of this Agreement and referenced or
attached items, the terms of this Agreement will prevail.
l5 Third Party Rights. The Parties do not intend to confer on any third party any rights under
this Agreement.
Choice of Law and Venue. This Agreement will be governed by and construed in
accordance with the laws of the st¿te of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement will be heard in the state or federal courts of Hennepin
County, Minnesota, and the Parties waive any objection to the jurisdiction of these courts,
whether based on convenience or otherwise. These obligations survive termination of this
Agreement.
4
17. Data Practices.
A. The Parties agree that any and all data created, collected, received, stored, used,
maintained, or disseminated pursuant to or in connection with this Agreement will be
administered in accordance with, and is subject to the requirements of the Minnesota
GovernmentData Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). Each Party
agree to notifr the other Party within three (3) business days if it receives a data request
from a third party. These obligations survive termination of this Agreement.
B. Data collected by a Liaison Officer are classified in accordance with the MGDPA.
Educational data that are maintained by the District are protected under the MGDPA and
the federal Family Educational Rights and Privacy Act (FERPA), including its
implementing regulations at 34 C.F.R. part99. Any data shared between the Parties will be
maintained in accordance with state and federal law. The parties acknowledge that unless
the District is reporting a suspected crime or another statutory exception applies, the
District may not disclose private educational data to the City or to the Liaison Officers
without the written consent of the student's parent or guardian (or the written consent of
the student if the student is eighteen (18) years of age or older); a lawfully issued subpoena;
or a court order. Nothing in this Agreement may be construed to modiff the responsibilities
of either party under the MGDPA or the District's responsibilities under FERPA.
18 No Discrimination. The Parties agree not to discriminate in providing services, programs,
or activities on the basis of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, familial status, membership or activity in a local
human rights commission, disabilit¡ sexual orientation, gender identity, or age. Violation
of any part of this provision may lead to immediate termination of this Agreement. The
Parties agree to comply with the Americans with Disabilities Act, as amended ("ADA"),
Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1964, and the
Minnesota Human Rights Act, Minnesota Statutes, Chapter 3634.
t9 Authorized Agents. The City's authorized agent for purposes of administration of this
Agreement is the Police Chief, or designee. The District's authorizedagent for purposes of
administration of this Agreement is the Superintendent, or designee.
Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
20.
To the City:City of Eden Prairie
Attn: Police Chief
8080 Mitchell Road
Eden Prairie, MN 55344
With a copy to:Gregerson, Rosow, Johnson & Nilan
Attn: Margaret Neuville
100 Washington Ave S, Suite 1550
Minneaoolis. MN 55401
To the District Eden Prairie Schools
5
Attn: Superintendent
8100 School Road
Eden Prairie, MN 55344
With a Copy to: Kennedy & Graven, Chartered
Attn: Maggie Wallner
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
2r.Waiver: No waiver of any provision or of any breach of thisAgreement will constitute a waiver
of any other provisions or any other or further breach, and no such waiver will be effective
unless made in writing and signed by an authorized representative of the party to be charged
with such a waiver.
Severability. In the event that any provision of this Agreement is deemed illegal or otherwise
unenforceable, such provision will be severed, and the balance of the Agreement shall continue
in full force and effect.
Counterparts and Electronic Communication. This Agreement may be executed in two or
more counterparts, each of which will be deemed an original, but all of which taken together
will constitute one and the same instrument. This Agreement may be transmitted by email in
portable document format ("pdf') and signatures appearing on email instruments will be
treated as original signatures.
[signature pages þllowJ
22.
23.
6
IN WITNESS WHEREOF, the City and the District have caused this Agreement to be
executed by their duly authorized representatives on the dates listed below.
CITY OF EDEN PRAIRIE
RonaldA. Case
Mayor
Dated:
Rick Getschow
City Manager
Dated:
7
INDEPENDENT SCHOOL DISTRICT NO. 272
By:Dr. Josh Swanson
Its: Superintendent
Dated: 3/2/2026
Jason Mut,zenbergeL_
Executlve Dfrector of
Buslness Servlces
Dated: 3 /2 /2026
By
Its:
L
a
I
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Consent Calendar
Item Number: VII.S.
Department: Police Department, Chief Matt Sackett
ITEM DESCRIPTION
Approval of 2026 Towing Services Agreement
REQUESTED ACTION
Move to approve renewal of the towing services agreement between the City of Eden Prairie
and Allen’s Service Inc, DBA Matt’s Auto Service.
SUMMARY
This agreement for towing services will provide consistency of towing services and costs. For 58
Years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie.
Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service
provides towing/impoundment services for several other local police departments. This is a
renewal of the 2025 agreement.
ATTACHMENTS
Agreement
1
2026 AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 3rd day of December, 2025, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 (“City”), and Collins Brothers Towing of St. Cloud, Inc. DBA Matt’s Auto Service, 6283 Industrial Drive, Eden Prairie, MN 55344 (“Contractor”).
In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor’s Services. The Contractor agrees to provide all services
required by the City for towing of “vehicles,” as that term is defined in Minn. Stat. §
169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement.
2. Personnel. All drivers provided for the towing of vehicles shall be checked
for driver’s license and warrants by the City of Eden Prairie Police Department (hereinafter, the “Police Department”) prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws.
3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits.
4. Operation. No vehicle shall be towed under this Agreement without
specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and
maintain mobile radio service with all towing units.
5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall follow MN State Statute notification requirements listed in State Statute 168B.06. A record of this notice shall be retained by the Contractor.
6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department (“Police Hold”) shall not be released without written authorization from the Police Department. Vehicles not kept on a Police Hold shall be released by the Contractor after obtaining proper proof of ownership and
proof of current insurance coverage if the vehicle is to be driven out of the storage facility.
The Contractor reserves the right to specify the manner of payment for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 4:30 p.m. Monday through Friday; 11:00
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a.m. to 12:00 p.m. Saturdays, Sundays, and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the Police Department.
7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES
Impounded vehicles $165.00 Trailering impounded vehicles (additional) $5 minimum Accidents $175.00* Lowboy & Tractor service $250/hour minimum
Dollies (Additional) $25.00/45.00
Winching (Additional) $45 small truck $500 big truck* Semi truck tractors and trailers $500.00 per hour* On-scene additional labor charges $50.00/hour minimum
Administration Fee $35.00-$50.00
*additional labor charges may be imposed depending on the specific equipment or labor needed at the scene.
STORAGE RATES
Cars and pickup trucks $35.00/day Two wheel motor vehicles, mopeds, ATVs, and snowmobiles $45.00/day
Inside storage $55.00/day
Tractor-trailers, large trucks $65.00-75.00/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be towed at the lowboy and tractor
service rate plus additional labor charges which the Contractor must justify.
Note: (2) Additional labor charges may include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles
located off the main roadways. Labor charges must be justified by the
Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City shall be towed without charge
to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be
returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor’s expense pursuant to paragraph 10 of this Agreement. Any such fees
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charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement.
8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owner or lien holder shall be towed and stored pursuant to the following guidelines:
(a) Rates (i) Vehicles released within 15 days of impound (0–15 days) shall be charged the towing and storage fees outlined in paragraphs 6 and 7.
(ii) Vehicles released up to 60 days after impound (16–60 days) shall be charged a $200.00 flat fee. (iii) Vehicles released more than 60 days after impound (61+ days) shall
be charged a $200 flat fee plus $5 per day beginning on the 61st day.
(b) Notification (i) If the registered owner or lienholder collects the vehicle within 4
days of the date of release of the hold, the Contractor shall charge no
additional storage rates beyond those outlined in (a)(i)–(iii), above. (ii) If the registered owner or lienholder fails to collect the vehicle within 2 days of the date of release of the hold, the Contractor shall send
notification to the registered owner or lienholder via certified mail to collect
the vehicle. If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the notification, the Contractor shall charge the applicable storage rate outlined in paragraph 7, beginning on the 5th day after the notification was mailed.
(iii) If the Contractor is required to send notice by certified mail, the Contractor shall also charge to the registered owner or lienholder $30.00 to cover staff time and materials.
Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to 609.5318,
§ 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor.
9. Transfer to Long-Term Storage Facility. At the City’s request, the
Contractor agrees to transport vehicles from its facility to a long-term storage facility designated by the City. The City agrees to pay to the Contractor $115 for each vehicle transported by the Contractor to the long-term storage facility.
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10. Records and Reports. The Contractor shall prepare an annual report of all
vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the
City (the “Annual Towing Report”). The Annual Towing Report shall include the reasons why, if any, vehicles towed have not been released. The Contractor shall file the Annual Towing Report with the Police Department on or before January 31 of each year for the preceding twelve-month period. All records of services provided by the Contractor
pursuant to this Agreement shall be available for inspection by the City upon request.
11. Administrative Fees. The Contractor agrees to pay the City $3.00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department. The Contractor shall pay these fees annually at
the same time that the Contractor files the Annual Towing Report as provided in paragraph
10. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 12. Sales and/or Disposal. When the total of all charges for towing, storage,
and other charges equals or exceeds the value of the vehicle impounded, the Contractor
shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff’s sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all
transactions of sale or disposal, including the proceeds received, in the Annual Towing
Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2026, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement.
13. Liability. The Contractor shall be responsible for the loss of, or damage to,
any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the vehicle, or by any other means. The Contractor shall be responsible for the safekeeping of personal
property within or on the vehicle as identified on the vehicle impound form.
14. Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its employees, and agents from and against all claims, damages, losses, and expenses, including attorneys’ fees, which the City may suffer or for which it may be
held liable because of bodily injury, including death, or damage to property, including loss
of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement. 15. Insurance. The Contractor shall obtain and maintain liability insurance for
coverage of not less than the following amounts:
Hazardous Load As required by state and federal law
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Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 each occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $1,000,000 personal and advertising injury
$10,000 medical expense
Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all hired, scheduled, and non-
owned autos)
Umbrella or Excess Liability $2,000,000 Motor Cargo Coverage $200,000/$1,000 deductible
The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired,
and non-owned motor vehicles. The insurance shall also cover the indemnification liability
set forth in paragraph 14. All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City.
The insurance company shall deliver to the City certificates of all required
insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate.
16. Non-Discrimination. The Contractor agrees during the life of this
Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement.
17. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in
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emergency or unforeseen circumstances. All subcontractors shall be bound by and covered by all terms of this Agreement.
18. Agreement Period. This Agreement shall be effective as of January 1, 2026, and terminate on January 15, 2027 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This
Agreement may also be terminated by either party upon fifteen (15) days written notice if
the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 19. Independent Contractor. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the City. No statement
herein shall be construed so as to find the Contractor an employee of the City. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement as follows: (1) if it is directed to the
City, by delivering it personally to an officer of the City; (2) if it is directed to the
Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to follow the email with mailed notice does not negate the validity of the emailed notice; or
(5) if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows: If to the City: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Matt Sackett, Chief of Police Email: msackett@edenprairie.org
If to Contractor: Collins Brothers Towing of
St. Could, Inc. DBA Matt’s Auto Service 6283 Industrial Drive Eden Prairie, MN 55346
Attn: Julie Wagner, Office Manager
Email: julie.mattsauto@gmail.com Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response
to any notice by the other party shall commence to run one business day after any such
deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
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22. Compliance with Laws. In providing services pursuant to this Agreement,
the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to
the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement. 22. Audit. The books, records, documents, and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 23. Payment to Subcontractors. The Contractor shall pay any subcontractor
within ten (10) days of the Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. The Contractor shall pay interest of one and one-half percent (1½%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of
less than $100.00, the Contractor shall pay the actual amount due to the subcontractor.
24. Data Practices Act Compliance. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7,
which is created, collected, received, stored, used, maintained, or disseminated by the
Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
25. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement.
26. Agreement Review. The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 27. Whole Agreement. This Agreement embodies the entire agreement
between the parties including all prior understanding and agreements, and may not be
modified, except in writing, signed by all parties.
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COLLINS BROTHERS TOWING CITY OF EDEN PRAIRIE
OF ST. CLOUD, INC DBA MATT’S AUTO SERVICE
By___________________________ By______________________________
Its Owner Its Mayor By_______________________________
Its City Manager
Dated:________________________ Dated:____________________________
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Public Hearing
Item Number: VIII.A.
Department: Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION
Red Tail Residential is proposing to build 53 townhome units on the two (2) properties located
at the intersection of Chestnut Drive, Carmody Drive, and Windsong Drive. The total acreage of
the project is 5.72 acres. The developer is requesting a Site Plan Review and a Comprehensive
Plan Amendment.
REQUESTED ACTION
Move to:
• Close the public hearing; and
• Adopt a Resolution for a Comprehensive Guide Plan Change from Medium High Density
Residential to Medium Density Residential on 5.72 acres; and
• Adopt a Resolution in support of park dedication fees; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
SUMMARY
Comprehensive Plan and Zoning
The property is currently guided Medium High Density Residential (14-40 units per acre) and is
zoned RM-2.5. The proposal changes the land use guidance to Medium Density Residential (5-
14 units per acre). There are no proposed zoning changes.
Site Plan and Architecture
The applicant is proposing to construct 53 rental townhome units with 28 units located on the
lot north of Chestnut Drive and 25 units located on the lot south of Chestnut Drive. The north
lot includes a tot lot, and the south lot has a dog run as part of the usable open space
requirement.
The site plan includes a combination of two- and three-bedroom townhomes. There are two (2)
single level units designed to be ADA accessible, 29 two-story townhomes, and 16 three-story
townhomes. Each unit will have a two (2) car garage and a driveway.
The proposed site plan and building architecture meets all zoning district requirements in the
RM-2.5 zoning district. There are no Planned Unit Development waivers or variances requested
in this application.
Inclusionary Housing.
The project will meet the City’s Inclusionary Housing requirements with five percent (5%) of its
units at 30% of the area medium income (AMI), for a total of three (3) units.
Access and Traffic
Both parcels will take access from Chestnut Drive. A traffic analysis was conducted as part of the
development proposal. The analysis determined that the current roadway system has sufficient
capacity to accommodate the 53 new dwelling units and anticipated daily vehicle trips.
Most trips (65%) are anticipated to access Anderson Lakes Parkway via Chestnut Drive with a
smaller portion of trips (35%) accessing Anderson Lakes Parkway via Carmody Drive. The
increase in traffic volumes associated with this development is relatively small. Anderson Lakes
Parkway has an existing daily volume of 6,300 vehicles. With this development, daily volume is
expected to increase to 6,650 vehicles per day. The current roadway capacity of Anderson Lakes
Parkway is 8,000-13,000 vehicles per day.
Parking
Each unit includes a two (2) car garage for vehicle parking and a driveway to accommodate an
additional two (2) vehicles. Four (4) surface parking spaces are provided on each parcel for a
total of eight (8) surface parking spaces. This creates a parking ratio of over four (4) spaces per
unit. City Code requires each dwelling unit to have two (2) parking spaces with one (1) of the
spaces needing to be enclosed.
Site Plan for Chestnut Townhomes
Tree Removal and Landscaping
Based on the total square footage of the townhome buildings, the developer is required to plant
334 caliper inches of landscaping. The proposed plan meets City Code requirements through a
diversity of plantings. Shrubs and perennials will be planted around the building foundations.
Ornamental or deciduous trees will be planted between each of the units to provide a tree
canopy for the development. A native prairie seed mix will be planted along the southern
property line along with several coniferous trees to provide screening for the adjacent
Pinebrook Townhomes.
All trees on site will be removed to accommodate the proposed grading plan. In total, 900
inches of significant trees and 311 inches of heritage trees will be removed. This requires 1,072
caliper inches of tree replacement. The developer is proposing to mitigate 287 caliper inches of
tree replacement on site, an increase of 114 caliper inches from the landscaping and tree
replacement plan reviewed by the Planning Commission. The remaining caliper inches will be
mitigated through payment to the City’s tree replacement fund as permitted by City Code.
Three (3) trees on the adjacent outlot owned by Pinebrook Townhome Association will also be
removed. The Developer has obtained a temporary easement to grade onto the Associations’
property and will replace the trees removed as part of site restoration work.
Addressing concerns from the neighbors about tree removal and the need for additional
buffering, staff and the Planning Commission recommended additional trees be planted on-site.
Nine trees have been added to the landscaping and tree replacement plan on the subject
property since the Planning Commission meeting. An additional 12 trees have been added to
the planting plan on Pinebrook’s property, as their property has more space to help create the
desired screening. These changes are reflected in the planting plan shown below. The Developer
is continuing to work with Pinebrook HOA on an acceptable landscaping and tree replacement.
The HOA will need to provide written approval for any trees being located on their property in
connection with this project.
Revised Landscaping Plan with Additional Trees
Resident Comments and Staff Response
The Developer hosted two (2) neighborhood meetings to share the project, answer questions,
and address concerns prior to the Planning Commission meeting. Staff has also received emails
expressing concern over the proposed project. Residents in the area are concerned about
construction noise, tree removal, and traffic.
The construction schedule has not been determined yet, but the city’s noise ordinance will
apply. Tree removal and recommended actions are discussed above. There were several traffic
concerns raised by area residents, including the street width of Carmody Drive, the intersections
with Anderson Lakes Parkway, and pedestrian safety at the Anderson Lakes Parkway
intersections.
Residents shared that parking on Carmody Drive is a concern as the streets are narrow when
vehicles park on both sides of the street, making it difficult for two-way traffic to drive through,
especially for garbage trucks or larger vehicles. Parked cars can also be difficult to see around as
vehicles turn onto Carmody Drive. There is concern that adding 53 townhomes will worsen the
parking and drivability of Carmody Drive.
Another concern related to traffic is the two intersections with Anderson Lakes Parkway at
Chestnut Drive and Carmody Drive. Both intersections give Anderson Lakes Parkway the right of
way with traffic from Chestnut and Carmody Drives stopped at stop signs. Residents shared
concerns about limited response time to turn onto Anderson Lakes Parkway and shared
concerns about speeding on Anderson Lakes Parkway, which may be related. Residents noted
the difficulty in taking a left turn onto Anderson Lakes Parkway even at off-peak times with the
Carmody/Anderson intersection being repeatedly problematic. The traffic study prepared as
part of the Chestnut Townhomes development shows the current road system, including
Chestnut Drive, Carmody Drive, and Anderson Lakes Parkway, can accommodate the proposed
development traffic and does not suggest additional traffic control or turn lanes.
Pedestrian safety across Anderson Lake Parkway was another concern. Residents shared that
crossing flags have been placed at the Carmody/Anderson intersection periodically, but they
have always been hit and damaged. Both the Chestnut Drive and Carmody Drive intersections
with Anderson Lakes Parkway have signed pedestrian crossings. According to the City’s
Pedestrian Crossing Treatment Guidelines, both intersections could warrant pedestrian
activated rectangular rapid flashing beacons.
In response to resident comments, the Public Works Department is considering an expansion of
restricted parking in the neighborhood which would help address concerns about ease of travel
on roads. A portion of Carmody Drive is currently signed to restrict parking to one side of the
street during winter months to
allow snowplows to drive
through and clear the streets.
An expansion of this seasonal
parking restriction is being
proposed for Chestnut Drive to
help ensure snowplows can
navigate the street and clear
snow. This no parking
restriction could be expanded
to 24-hours per day year round.
That possibility has been
communicated to the managers
of the apartments on Chestnut
Drive who have shared their
desire to find a workable
solution for all residents in the
area. A map showing the current
and proposed parking restriction
areas is shown in the image to
the right as is a photograph from
this winter of the on-street
parking use.
As part of the traffic study for
this development, an all-way
stop analysis was conducted at
the intersection of Anderson Lakes Parkway and Chestnut Drive. Traffic volumes on Chestnut
Drive are significantly lower than the threshold for an all-way stop, even with the predicted
volumes from the proposed development. The analysis did not recommend further intersection
traffic control.
The intersection of Anderson Lakes Parkway and Carmody Drive has lower traffic volumes than
the Chestnut Drive intersection. However, sightlines at this intersection could be improved to
assist drivers exiting Carmody Drive onto Anderson Lakes Parkway. The bend in the road to the
south, along with trees and topography, interrupts sight lines. There is a mature tree located on
property owned by Pinebrook Townhomes that if removed, along with trimming select branches
Potential Seasonal Parking Restriction
Example of Chestnut Drive Parking
from adjacent evergreen trees, could extend sight lines an additional 100 feet. The pictures
below demonstrate the existing sightline and tree in question.
Sightline at Carmody Drive and Anderson Lakes Parkway intersection from an aerial and street view
Lastly, there are marked crosswalks across Anderson Lakes Parkway at Chestnut Drive and
Carmody Drive. City staff is recommending the installation of a Rectangular Rapid Flashing
Beacon (RRFB) at Chestnut Drive due to the frequency of use and the added traffic volumes
being proposed. City staff is currently collecting pedestrian data at Carmody Drive to determine
if an RRFB would be justified based on pedestrian volumes. A determination on whether this
crossing warrants an RRFB may need to wait until more seasonal weather arrives and pedestrian
activity increases. The RRFB installation(s) are being coordinated with the Developer.
Potential RRFB Locations
Resident Comments and Plan Changes since Planning Commission
Staff has received several emails from area residents since the Planning Commission meeting.
Most of the comments have come from Pinebrook Townhome residents. The main concerns in
these emails are the construction schedule and impact, the loss of trees, and parking and traffic.
Many of those letters expressed a desire to restrict construction hours beyond what City Code
permits. City Code currently allows heavy construction and equipment between 7 am and 7 pm,
Monday through Saturday. The Pinebrook Townhome residents are requesting this timeframe
be reduced to allow construction Monday through Friday only. Staff does not support a
restriction on construction timing as this serves to extend the overall construction time.
As previously mentioned, the developer has modified the proposed landscaping and tree
replacement plan to include a total of 21 additional trees, mainly along the southern property
line shared with Pinebrook Townhomes. This additional landscaping will help create a buffer
between Chestnut Townhomes and Pinebrook Townhomes. The Pinebrook HOA reviewed the
landscaping plan at their April 2nd meeting. To achieve the desired screening, some of the trees
are proposed to be planted on Pinebrook HOA’s lot versus the subject parcel. Pinebrook HOA
will need to provide written approval for any trees being located on their property in connection
with this project.
The parking and traffic comments received since the Planning Commission meeting have
focused on street parking and ensuring larger vehicles can pass through Carmody and Chestnut
Drives. There are also concerns from residents about parking construction equipment and
construction workers’ vehicles. As noted above, the Public Works Director is considering
additional winter parking restrictions to help ensure Chestnut Drive remains passable for
snowplows. Parking for construction workers will be determined as part of the construction plan
between the developer and City staff. Street parking is allowed on Chestnut Drive, Carmody
Drive, and Windsong Drive.
ATTACHMENTS
Resolution for Guide Plan Change
Resolution for Park Dedication
Planning Commission Staff Report
Planning Commission Minutes
Resident Comments
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION AMENDING THE COMPREHENSIVE MUNICPAL PLAN
WHEREAS/BE IT RESOLVED, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan (“Plan”); and
WHEREAS/BE IT RESOLVED, the Plan has been approved by the Metropolitan Council and was
placed into effect on October 1, 2019; and
WHEREAS/BE IT RESOLVED, the proposal of Chestnut Townhomes, by FLT Chestnut Townhomes,
LLC., is for a Comprehensive Guide Plan Change from Medium High Density Residential to
Medium Density Residential on 5.72 acres, as legally described on Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota,
hereby adopts the amendment of the Plan based on plans stamped dated [actual date of plans]
and the staff report dated April 7, 2026 and subject to Metropolitan Council approval.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION
FEES FOR CHESTNUT TOWNHOMES
WHEREAS/BE IT RESOLVED, 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/BE IT RESOLVED, the Chestnut Townhome Development project includes subdivided
land that deferred park dedication at the time of platting until Site Plan Review (the “Project”);
and
WHEREAS/BE IT RESOLVED, 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/BE IT RESOLVED, the payment of cash park fees in lieu of land dedication is
appropriate given the nature of the use on the property; and
WHEREAS/BE IT RESOLVED, the City’s current fee ordinance at the time of building permit
issuance sets the cash park fee per residential unit, which is calculated in accordance with Minn.
Stat. § 462.358, subd. 2b(c);
WHEREAS/BE IT RESOLVED, the City Council held a public hearing at its April 7, 2026 meeting;
NOW, THEREFORE, BE IT RESOLVED that the following findings are hereby adopted in support of
the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval
for the Chestnut Townhome Development project.
1. The Project does not include available land that is suitable for parkland.
2. The Project includes the construction of 53 townhome units. Development and
occupancy of the units is expected to have an impact on the City’s parks and trail system.
3. The Project is adjacent to Purgatory Creek Park, increasing the likelihood that residents
of the Project will use the City’s trails, parks, and open spaces.
4. The City has sidewalks and trails throughout the neighborhood. The City improves and
maintains the pedestrian and bicycle facilities for all residents to enjoy.
5. There is an essential nexus between requiring the cash park fees for the Project and the
City’s goal of providing a high-quality park system for all individuals who live or work in
the City, including residents of the Project.
6. The need for parkland created by the Project is roughly proportional to the cash park fee
amount required by the City’s fee ordinance. The cash park fees will be used for future
anticipated park acquisition and improvement projects in the City, pedestrian and
bicycle facility improvements, and other projects to improve City park and recreational
facilities that are likely to be used by residents of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Planning Commission Staff Report
Date: March 9, 2026
Location: The intersection of Chestnut Drive, Carmody Drive, and
Windsong Drive: PIDs 15-116-22-31-0095 and 15-116-22-34-
0082
Subject: Chestnut Townhomes
From: Sarah Strain, Planner II
Applicant: Red Tail Residential
Review period
expires:
July 31, 2026
ITEM DESCRIPTION
There are two (2) vacant properties at the intersection of Chestnut Drive, Carmody Drive, and
Windsong Drive, one on the northwest corner and one on the southwest corner. Red Tail
Residential is proposing to construct 53 rental townhome units on the combined 5.72 acres.
The developer is requesting a Site Plan Review and a Comprehensive Plan Amendment.
REQUESTED ACTIONS
• Comprehensive Plan Amendment from Medium High Density Residential to Medium
Density Residential on 5.72 acres
• Site Plan Review on 5.72 acres
PROJECT DESCRIPTION/ BACKGROUND
COMPREHENSIVE PLAN AMENDMENT AND ZONING
The properties are currently zoned RM-2.5, multi-family residential, and are guided Medium High
Density in the comprehensive plan. The planned density of 9.27 units per acre meets the RM-2.5
zoning district requirements. However, the planned density is not high enough to meet the range
required of the Medium High Density Residential guiding, which is 14-40 units per acre. When
the City guided these lots for Medium High Density Residential, it was envisioned that additional
apartment buildings would be built since the lots were owned by the same entity as the
neighboring Reserve at Eden Prairie Apartments.
The developer is requesting a comprehensive guide plan amendment to reguide the properties
from Medium High Density Residential to Medium Density Residential. The density range for
properties guided Medium Density Residential is 5-14 units per acre. Reguiding these properties
to Medium Density Residential would maintain the existing neighborhood character. The
Windsong Townhomes and Pinebrook Townhomes developments are both guided Medium
Density Residential. The density for Windsong Townhomes is six (6) units per acre, and the
Staff Report – Chestnut Townhomes March 9, 2026 Page 2 density for Pinebrook Townhomes is 6.78 units/acre. The
proposed project density serves as a transition between
the higher density apartment buildings and the lower
density townhomes.
SITE PLAN
The applicant is proposing to construct 53 rental
townhome units with 28 units located on the lot north of
Chestnut Drive and 25 units located on the lot south of
Chestnut Drive, shown in the image to the left. The north
lot includes a tot lot, and the south lot has a dog run.
Sidewalks will connect each unit to a larger sidewalk within
the development, which connects to the existing trails on
Chestnut Drive. Both the north and south lot have central
location for mailboxes in the middle of each lot and trash
collection at the back of each lot.
The site plan features a combination of two- and three-
bedroom townhomes. There are two (2) single level units
designed to be ADA accessible, 29 two-story townhomes,
and 16 three-story townhomes. The northern lot contains
one and two-story townhomes, and the southern lot
contains two and three-story townhomes. Each unit will
have a two (2) car garage and a driveway.
The proposed site plan meets all zoning district
requirements in the RM-2.5 zoning district. There are not
Planned Unit Development waivers or variances requested
in this application.
ACCESS AND STREET CONNECTIONS
Both parcels will take access from Chestnut Drive. The
access points are staggered to be as far apart as possible
along Chestnut Drive to reduce the potential for vehicular
conflict. The streets on each parcel will be private with
access easements granted to the City. Each private drive
includes a cul-de-sac to help facilitate emergency vehicle
and garbage/ delivery truck turning movements.
TRAFFIC STUDY
A traffic study was conducted as part of this development
proposal. The study determined that the current roadway
system has sufficient capacity to accommodate the 53 new
dwelling units and the anticipated daily vehicle trips. Most
of the trips are anticipated to access Anderson Lakes
Parkway via Chestnut Drive with a small portion of trips
Staff Report – Chestnut Townhomes March 9, 2026 Page 3 accessing Anderson Lakes Parkway via Carmody Drive. The study does not recommend altering
any of the intersection controls and noted that an all-way stop at Anderson Lakes Parkway and
Chestnut Drive is not warranted.
PARKING
Each unit includes a two (2) car garage for vehicle parking and a driveway to accommodate an
additional two (2) vehicles. Four (4) surface parking spaces are provided on each parcel for a total
of eight (8) surface parking spaces. This creates a parking ratio of over four (4) spaces per dwelling
unit. City Code requires each dwelling unit to have two (2) parking spaces with one (1) of the
spaces needing to be enclosed. The proposed site plan exceeds parking requirements,
accommodating guest parking on driveways and surface lots. Street parking is also permitted on
adjacent streets. However, an expansion of restricted parking on Windsong Drive and Chestnut
Drive is planned mainly for snow plowing purposes. Similar parking restrictions currently exist on
Carmody Drive.
SIDEWALKS AND TRAILS
There is an existing multi-use trail on the south side of Chestnut Drive and a sidewalk on the north
side. The site plan shows sidewalks connecting each unit to the trail and sidewalk on Chestnut
Drive, providing access to the City’s trail system. There are marked and signed crosswalks across
Anderson Lakes Parkway at both the Chestnut Drive intersection and the Carmody Drive
intersection. According to the City’s Pedestrian Crossing Treatment Guidelines, both of these
intersections could warrant pedestrian activated rectangular rapid flashing beacons (RRFB). The
City plans to continue to review these intersections for potential pedestrian improvements. Any
required improvements to the system, including RRFBs, will be addressed in the Development
Agreement.
PHASE I ENVIRONMENTAL SITE ASSESSMENT
A Phase 1 Environmental Site Assessment was performed for this development proposal. The
assessment found no evidence of environmental conditions or concerns on the subject parcels
that warrant further study or mitigation.
USABLE OPEN SPACE
City Code requires all multifamily residential projects to include usable open space as part of the
proposal to provide spaces for community gathering. The Chestnut Townhomes project includes
sidewalk connections to the trail and sidewalk on Chestnut Drive, a tot lot and fire pit on the
north parcel, and a dog run, fire pit, and picnic areas on the south parcel. The proposed usable
open space exceeds code requirements.
BUILDING ARCHITECTURE AND MATERIALS
There are three (3) main building designs, one for the one- and two-story townhome, one for the
two-story townhome, and one for the three-story townhome. The front and back of the two and
three-story units are shown on the following page. The façades are a combination of white and
grey fiber cement siding, glass, and stone, meeting the building material standards. None of the
façades have fiber cement as the main building material. Front doors are tucked back into small
alcoves on the two-story units, providing façade articulation. The three-story units include
overhangs above the garages and front doors to provide façade articulation.
Staff Report – Chestnut Townhomes March 9, 2026 Page 4
Staff Report – Chestnut Townhomes March 9, 2026 Page 5 WETLAND
There are no wetlands or water bodies on the subject parcels. However, there is a Moderate
quality wetland on the parcel north of the north lot (PID 15-116-22-31-0095), which requires a
buffer and buffer setbacks. Due to the distance between the edge of the wetland and the subject
parcel, the wetland buffer and wetland buffer setbacks meet the minimum average buffer width
and setback requirements. No additional buffer or buffer setback is required from the property
line for PID 15-116-22-31-0095.
DRAINAGE/STORMWATER MANAGEMENT
Stormwater will be managed on site. On the northern parcel, stormwater will be retained and
infiltrated in above-ground basins. One basin will be in the northwest corner of the northern
parcel, and the other basin will front Chestnut Drive. The southern parcel has more space
constraints, so underground filtration tanks will retain and infiltrate stormwater. The site will also
reuse stormwater in the irrigation system.
UTILITIES
All utilities in the development will be private. An encroachment agreement will be needed for
the private utilities that will cross the right-of-way.
PARK FEES
The developer will be required to pay park dedication fees for these parcels when they apply for
their building permit. The park dedication fee for multifamily units in 2026 is $5,500 per unit.
TREE LOSS AND GRADING
Both parcels are proposed to be graded out to create a level development site, which will require
retaining walls. All retaining walls will be concrete. The retaining wall on the northern parcel will
be along the eastern property line and be six (6) feet tall at its highest point. The retaining wall
on the southern parcel will be along the eastern and half of the southern property line. The
highest point of the retaining wall along both property lines will be seven (7) feet tall. The
townhomes will be situated perpendicular to the retaining walls, except for the southernmost
unit, to minimize visual impact for residents.
All trees on site will be removed to accommodate the proposed grading plan. In total, 900 inches
of significant trees and 311 inches of heritage trees will be removed. Three (3) trees on the
adjacent outlot owned by Pinebrook Townhome Association will also be removed. The developer
has obtained a temporary easement to grade onto the Associations’ property. This allows the
retaining wall to be shorter than if the developer confined grading just to the area within the
property lines. This agreement includes a provision that the area will be restored once grading is
complete, including 10 trees being planted on the Association’s disturbed property.
LANDSCAPING AND TREE REPLACEMENT PLAN
Based on the total square footage of the townhome buildings, the developer is required to plant
334 caliper inches of landscaping. This includes overstorey trees, ornamental trees, shrubs, and
planting beds. The proposed plan meets City Code requirements through a diversity of plantings.
Staff Report – Chestnut Townhomes March 9, 2026 Page 6 As noted above, the developer is removing
all the existing trees from the site. This
requires 1,072 caliper inches of tree
replacement. The developer is proposing
to mitigate 173 caliper inches of tree
replacement on site. The remaining 899
caliper inches will be mitigated through
payment to the City’s tree replacement
fund as permitted by City Code. Based on
staff review and resident comments, staff
recommends additional coniferous trees
be planted along the south property line
adjacent to Pinebrook Townhomes to
create a buffer between the developments
and to mitigate more of the tree
replacement onsite versus fee in lieu.
There is not space on site to mitigate all
tree replacement caliper inches on site,
but additional trees can be
accommodated in the outlined area in the
adjacent image.
INCLUSIONARY HOUSING
This project is subject to the City’s
Inclusionary Housing Ordinance as it
constructs more than 15 new attached
units. The developer is opting to provide
five (5) percent of the units as affordable
to households at or below thirty percent of
the area median income (AMI). For this
project, five (5) percent of the total units
equals three (3) units. The Development
Agreement will include a provision to
provide rent rolls for the three inclusionary housing units to the City confirm compliance on an
annual basis.
OTHER AGENCY OR MUNICIPALITY COMMENTS
A notice detailing the proposed comprehensive plan amendment was sent to impacted agencies,
including the Riley-Purgatory Bluff Creek Watershed District, Minnesota DNR, the Eden Prairie
School District, and SouthWest Transit. To date, staff has not received concerns regarding the
proposed comprehensive plan amendment. Staff has also received no comment or concerns from
agencies regarding the site plan.
NEIGHBORHOOD MEETING AND RESIDENT INPUT
The developer held two (2) neighborhood meetings, one in late January and one in mid-February.
The notices for the first neighborhood meeting were not delivered to residents until a day or two
Staff Report – Chestnut Townhomes March 9, 2026 Page 7 before the meeting, which raised concerns for both residents and staff about the ability of
residents to attend. Roughly 15 people attended the first meeting with the late notice. A second
meeting was held, and notices for the second meeting were sent and received two weeks prior
to the meeting date. About 15 people attended the second neighborhood meeting. Both
meetings were held over Zoom, due in part to the developer being in California and in part to the
preference shared by Pinebrook Townhome residents with the City earlier in the project process.
The concerns shared at these meetings share the same themes as the concerns shared with staff
in the emailed comments attached to this report. Residents in the area are concerned about
construction noise and disruptions, tree removal, and traffic. The construction schedule has not
been determined yet, but the Developer will be held to all City standards and requirements for
noise, mitigation, and notice of utility or service disruptions. The developer is removing all of the
trees from the site and plans to meet the tree replacement requirement through a combination
of onsite plantings and fee in lieu. As noted previously, Staff recommends that additional
coniferous trees be planted along the south property line adjacent to Pinebrook Townhomes to
create a buffer between the developments and to mitigate more of the tree replacement onsite
versus fee in lieu.
Residents shared that parking on Carmody Drive is a concern as the streets are narrow and when
vehicles park on both sides of the street, it makes it difficult for two-way traffic to drive through,
especially for garbage trucks or larger vehicles. Parked cars can also be difficult to see around as
vehicles turn onto Carmody Drive. The concern is that adding 53 townhomes will worsen the
parking and drivability of Carmody Drive. Carmody Drive is currently signed to restrict parking to
one side of the street during winter months to allow snowplows to drive through and clear the
streets. The Public Works department plans an expansion of restricted parking around this
development mainly for snow plowing purposes, which will help ease concerns about parking on
the narrow streets. The parking proposed exceeds the minimum requirements.
Another concern related to traffic is the two intersections with Anderson Lakes Parkway at
Chestnut Drive and Carmody Drive. Both intersections give Anderson Lakes Parkway the right of
way with traffic from Chestnut and Carmody Drives stopped at stop signs. Residents shared
concerns about limited response time to turn onto Anderson Lakes Parkway and also shared
concerns about speeding on Anderson Lakes Parkway, which may be related. Residents noted
the difficulty in taking a left turn onto Anderson Lakes Parkway even at off-peak times with the
Carmody/Anderson intersection being repeatedly problematic. The traffic study shows the road
system around the development, including Chestnut Drive, Carmody Drive, and Anderson Lakes
Parkway, can accommodate the proposed development traffic and does not suggest additional
traffic control or turn lanes.
Pedestrian safety across Anderson Lake Parkway was another concern. Residents shared that
crossing flags have been placed at the Carmody/Anderson intersection periodically, but they have
always been hit and damaged. Both the Chestnut Drive and Carmody Drive intersections with
Anderson Lakes Parkway have signed pedestrian crossings. According to the City’s Pedestrian
Crossing Treatment Guidelines, both intersections could warrant pedestrian activated
rectangular rapid flashing beacons. The City plans to continue review these intersections.
Staff Report – Chestnut Townhomes March 9, 2026 Page 8 STAFF RECOMMENDATION
Staff recommends approval of the site plan for 53 townhomes units and the comprehensive plan
amendment from Medium High Density Residential to Medium Density Residential.
CONDITIONS OF APPROVAL
This is based on architectural plans dated February 3, 2026, the civil plans dated February 5,
2026, and the following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. Revise the landscape plan to include more coniferous trees along the southern
property line of the southern parcel to provide screening between the Pinebrook
Townhome development and the Chestnut Townhomes development
2. Prior to land alteration permit issuance, the applicant must:
A. Provide a Utility Easement over the infrastructure on the Properties that provides
utility access to the City of Eden Prairie.
B. Provide an encroachment agreement that allows private utilities to cross public
right-of-way.
C. Pay trunk sewer and water charges or sign a Special Assessment Agreement.
D. Pay connection fees.
E. Provide copies of legal documents, either in Association format or private
covenant and agreement format to be approved by the City that shall address the
following:
• Describe the long-term private maintenance or replacement agreement for
the retaining walls.
• Insertion of language in the documents that relinquishes the City of Eden
Prairie from maintenance or replacement of the retaining walls.
F. Obtain permits and approvals from other agencies as needed.
G. Obtain City approval of a final grading and drainage plan for the property.
H. Submit detailed utility and erosion control plans for review and approval by the
City Engineer.
I. Obtain and provide documentation of Watershed District approval.
J. Notify the City and Watershed District 48 hours in advance of grading.
K. Provide a construction grading limits and tree protection plan for review and
approval by the City.
L. Install erosion control at the grading limits of the property for review and approval
by the City.
M. Install fencing at the construction grading limits and tree protection areas as
shown on the approved plans.
N. Submit and receive written approval of an executed landscape agreement.
O. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of
the landscaping.
P. Provide documentation of temporary easements to do work off-site.
Q. Make a cash payment for Tree Replacement as provided by City Code.
R. Obtain a building permit for retaining wall construction from the City for retaining
walls greater than four feet in height.
Staff Report – Chestnut Townhomes March 9, 2026 Page 9 S. Submit a land alteration bond, letter of credit, or escrow surety equivalent to
125% of the cost of the land alteration.
T. Provide proof that the Inspection and Maintenance Agreement for Private
Stormwater Facilities has been recorded.
3. Prior to building permit issuance for the property, the applicant must:
A. Provide proof that the Utility Easement has been recorded.
B. Pay the appropriate cash park fees.
4. Prior to issuance of an Occupancy Permit, the applicant must:
A. Construct retaining walls in accordance with the terms of the permit and
conditions of Exhibit C.
B. Complete construction of the trash enclosures.
C. Complete implementation of the approved exterior materials and colors plan.
D. Install all features that are intended to meet the Usable Open Space
requirement.
ATTACHMENTS
1. Resident Comments
Approved Minutes
Eden Prairie Planning Commission Meeting
7 p.m. Monday, March 9, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
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 Shulze, City Engineer; Matt Bourne, Parks and
Natural Resources Manager; Kristin Harley, Recording Secretary
MEETING AGENDA
I. Call the Meeting to Order
Chair Pieper called the meeting to order at 7 p.m. Commission Member Weber was
absent. Planner II Sarah Strain was present.
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: Kirk moved, seconded by Duncan, to approve the agenda. Motion carried 8-
0.
IV. Minutes
A. Planning Commission meeting held Monday, December 8, 2025
MOTION: Grote moved, seconded by Kirk, to approve the minutes of the
Planning Commission Tuesday, December 8, 2025. Motion carried 8-0.
V. Public Hearings
A. Chestnut Townhomes (2023-7)
• Site Plan Review on 5.72 acres
• Guide Plan Change on 5.72 acres
Dugan Garrison, project manager with Crede Group, presented a PowerPoint
and detailed the application. He introduced the architects Doug Wilkin, Paul
Wilson, and Ted Thompson. Red Tail Multifamily Development was the applicant
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 2
and was a fully integrated acquisition, entitlement, development, construction
management, leasing and property management entity. Garrison displayed
images of representative projects, including the Atwood and ReNEW Neill Lake in
Eden Prairie. Crede Group was partnering with Red Tail Residential and Kaas
Wilson Architects and Loucks Engineering. The applicant proposed to build 53
units at Chestnut Drive and Carmody Drive, with three units reserved for families
at or below 30 percent of AMI, consistent with the City of Eden Prairie
requirements. It included 9,008 square feet of open space. The surrounding
communities included the Reserve Apartments, Pinebrook Carriage Homes, and
Windsong Apartments.
The overall site plan was bisected by Chestnut Drive and had gone through
multiple iterations. He displayed the North and South Site Plans, which included
a grade change on the southeast side with a retaining wall, at which there would
be some plantings. The plan included one-, two- and three-story townhouses
with two- or three-bedroom units. Garrison displayed the property elevations,
floor plans, and photo realistic renderings from various angles.
Concerns from the public included traffic, tree removal and landscaping,
construction noise, the incorporation of inclusionary housing, and soil stability.
The traffic report showed the area generated 348 daily trips at present, showing
no significant impact. Trees would be replanted. The development would fully
comply with the City Zoning Ordinance containing construction noise between
7:00 a.m. and 7:00 p.m. There would be three affordable units and soil
conditions were adequate for development.
Stormwater treatment incorporated onsite and underground systems. The
retention basins were integrated into the landscaping and would fully absorb
and drain rainfall and snowmelt. Garrison displayed the snow storage site plan.
Farr asked who owned the sliver lots to the east, and Garrison replied Pinebrook
Carriage Homes to the south, and Windsong to the north; they were not part of
this development. Outside of the property lines, the southern portion would be
graded to reduce the size of a retaining wall to reduce it from eight to about four
feet. There was a temporary easement for that parcel with the Pinebrook
Carriage Homes. Nothing would be disturbed on the north side.
Taylor asked the average square footage of the townhomes. Paul Olson,
architect, replied they were roughly 2,000 square feet with two-car garages. Farr
urged decorative materials for the two long retaining walls. Olson replied
colored and textured landscape concrete block would be used but the specific
materials had not yet been selected. The applicant would work with staff on this.
Barnhart presented the staff report. This would be a 53-unit townhome
development on two vacant parcels. It met all zoning requirements; the site was
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 3
currently guided medium-high density residential and the Comp Plan
Amendment would be reduce it to medium density. This development was
originally envisioned as a higher-density apartment building but the townhome
development seemed more appropriate. There were no waivers, and the
development complied with landscaping and inclusionary housing requirements,
and exceeded parking requirements. Each unit had four parking spaces, two
covered, and guest parking spaces on either side of Chestnut Drive. Through the
review process, there were configuration changes, resulting in a private drive
feeding off of Chestnut Drive and serving smaller driveways, to avoid parking
issues and allow access of emergency vehicles.
The stormwater plan will meet all City and Watershed District requirements. The
landscaping met all requirements, both with regard to the tree caliper inches and
the cash in lieu of planting according to the building footprint. Staff responded to
comments from the public by recommending additional buffering to the south of
the development. The project met the inclusionary housing requirement.
Construction noise was unavoidable, and while there will be excavation,
construction activity is restricted by Code to 7:00 a.m. to 7:00 p.m. Monday
through Saturday, not on Sunday or holidays. There is a balance to regulating
construction. Too restrictive, it lengthens the construction period. Traffic was a
major concern, and Schulze would address these.
Schulze stated the traffic data collected beyond the traffic study indicated 53
unit generated 350 trips in the area per day, lower than the higher number of
units earlier proposed. On Anderson Lakes Parkway nearby there were 6,300
vehicles per day (2024 count) and a 1,600 vehicle spread between 2016 (when
the traffic count estimated 7300 vehicles per day) and 2024 (2020 counts were
5700 vehicles per day). The capacity of Anderson Lakes Parkway ranged from
8,000 to 13,000 on this collector street, so currently not even at the minimum
capacity. There was discussion from residents about an all-way stop, but proved
to be unwarranted and likely to cause long backups, perhaps all the way back to
City Center. Anderson Lakes Parkway clearly had right-of-way. Poor decisions on
when to pull out onto this collector road accounted for most of the accidents,
not speed or other causes.
Speed data: the 2025 average speed was 34 miles per hour, upward to 39 miles
per hour in the 85 percentile. Dynamic speed signs could be put up; they were
effective, as was dedicated police enforcement. There had been no serious
crashes on Anderson Lakes Parkway in ten years. The accidents at Chestnut Drive
and Anderson Lakes Parkway were mostly rear-ends and angle crashes.
Regarding pedestrian and bicycle safety, there were no crashes on record. Due
to the trails and pedestrian traffic and the speed on Anderson Lakes Parkway,
those factors would warrant a flashing light at Chestnut and ALP, and he would
work with the developer on this. Carmody Drive would merit more examination
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 4
to verify pedestrian traffic. A large tree could be removed to improve the
sightlines at this intersection facing south.
Duncan asked for and received confirmation the larger collector roads were
studied and traffic counted every four years, including four years from now.
Taylor noted he had observed three cars making a U-turn at Chestnut and
Windsong Drives and asked if “No U-turn” signs would be erected. Schulze stated
it was unlikely signs would be placed but promised to keep an eye on this issue.
Farr commended the flashing speed sign and asked for a response on the
comment from the public about challenging road widths due to people parking
along one or both sides. Schulze replied Chestnut Drive was wider than the
typical local street, and Carmody was the typical 28 feet in width. He stated he
had driven on both with cars parked on both sides, and it was still possible to get
two cars through on Chestnut, though not on Carmody. “No parking” signs would
be included on Carmody during snow removal times.
Katie Rysted, 20-year resident at Pinebrook and on the board of directors, stated
her biggest concern with the landscaping and tree replacement. 900 caliper
inches of significant trees and 311 caliper inches of heritage trees (1,072 inches
total) would be removed, but only 257 caliper inches would be planted (24
percent of the total amount). The fees paid in lieu of plantings did not replace
the forest or the aesthetics. She requested the commission require higher tree
replacement and buffering to benefit existing neighbors and future residents,
and any fees benefit the entrance to the Purgatory trail entrance.
Residents of Pinebook had two access points: Chestnut Drive and Carmody Drive.
The morning/evening rush made egress to Anderson Lakes Parkway nearly
impossible. Buses had challenges entering and exiting. She had taken
photographs of what became a one-way road with on-street parking. Cars had to
back up, and buses had to use reserve parking lots. Snow events would make this
even more challenging, going all way up Carmody Drive. Four visitor parking
spaces per housing group was not enough, especially in the winter. She also did
not believe the snow site plan was sufficient. On behalf of the Pinebrook
Homeowners Association she asked the commission give careful consideration
the neighborhood meeting compliance regarding landscaping, tree replacement
and traffic impacts.
Lori Cornwell, resident in the Pinebrook neighborhood, spoke in favor of the
development. She found this to be the best option of the many iterations but
also urged the commission to take the community comments into consideration.
Christine Galquin, resident on Carmody Drive, stated her mirrors almost touched
parked cars on both sides while driving during the last snowstorm, necessitating
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 5
“no parking” signs November to April. Semis used Chestnut Drive which did not
seem to be reflected in the traffic report. People regularly ran stop signs or
struck it, and she did inform the police of this, which put up a traffic sign, which
was not effective. The large tree was not the problem but people speeding. She
asked the City to help manage the traffic in the area. She also requested the
existing retaining wall be kept and the green space preserved for the wildlife.
Barbara Buckner, homeowner in Pinebrook, spoke in favor of the open green
space that existed in the area which in her opinion had no need of additional
development. She and her neighbors preferred low traffic and natural areas, not
landscaping and townhomes. She feared the construction noise from 7:00 a.m.
to 7:00 p.m. and saw only benefits for the developer and for the City in terms of
tax revenue. She spoke against this all-rental property and urged the commission
to consider the residents who already lived in the area.
Patricia Mattson, a new Eden Prairie resident since May 2025, stated she left the
West Coast due to construction impacts, such as dust, dirt, runoff and toxic
debris, and now faces the issue here. She she would not have bought in Eden
Prairie had she known beforehand about this development. She stated the large
southern tree was not the cause of the visibility problem, but the grade change.
53 units would add 110 cars on two streets. She supported housing but wished
to keep the green space and not add to the traffic which she described as a
“nightmare.” In addition, taxes in Eden Prairie were as high as in Los Angeles.
The townhome development would flatten the existing hill and not flow well
with the community. She did not want to discourage housing, but two years of
construction disruption, utility disruption, and lowered property values would be
intolerable for her and others, including sleeping children who attended local
schools. She commended the “beautiful job” of the development but objected to
the development as proposed.
MOTION: Grote moved, seconded by Kirk, to close the public hearing. Motion
carried 8-0.
Farr acknowledged the many issues brought up from the public. The
Comprehensive Guide Plan called for a higher-density development, so this
application was headed in the right direction being that the proposal was
reduced from the original 99 units, then from 73 units to the current 53 units. He
found the stepping of scale down to the Pinebrook and Windsong development
was appropriate and suggested more screening and plantings to assist with
buffering. The commission was concerned about safety but had not heard
sufficiently compelling evidence there was a significant level of impact of the
attendant traffic and parking. The developer did not do themselves any favors, in
his opinion, by packing so much building and parking edge-to-edge into these
two parcels.
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 6
He agreed with the speakers’ concerns about removing so many heritage and
large trees and the City taking the cash in lieu of the requirement; this was not
good optics for the development, and he was glad to hear that staff would work
with the developer to increase the number of trees planted, hopefully as many
as possible around the site. He encouraged the neighbors to also plant trees on
their properties.
Farr stated he wished to clarify the residents would not see the retaining wall on
the south side of the development, whereas on the north side could be visible.
However, this would not impact the Pinebrook view; a possible safety fence
above it would be more visible than the wall. Offsite trees would offer the most
beneficial screening.
He recommended the general contractor utilize prefabricated wood frame, wall
trusses, floor trusses, and wall assemblies which would significantly cut down on
hammer-and-nail noise for neighbors.
He added in the post-Covid world today, more people were working from home,
and existing noise ordinances were not set up for this. This reduced rush hour
traffic but exposed more residents to noises they would not hear at the office.
The commission was mindful of these concerns.
Kirk added he wished to explain the process so the public would understand it.
The commission members’ roles were not connected to City government; they
were volunteers seeking to improve the community. Balance was key.
Stakeholders included residents, the landowner (and the developer), and the
City, which had ordinances, policies and staff to benefit all the stakeholders.
Compromise in reaching a reasonable solution was inevitable. The commission
members had read all of the 90-plus pages of information, including the public’s
comments, and it is glad to see Eden Prairie residents expressing their views. The
commission would then make a recommendation to the City Council. The City
Council would watch the video of this public hearing, then hold its own public
hearing at which the public was also invited to attend. The City would consider
public comments as well. Hopefully, through everyone’s participation, the final
configuration represented what was best for the community.
Duncan asked if the tree removal fees paid in lieu of tree replacement could be
determined by the developer where that money went. Bourne replied they were
paid into a fund used for tree planting or natural environment enhancement, but
not necessarily in the immediate area of the development. They were used for
public property only.
Duncan stated it sounded like there was a lot of congestion along Carmody
Drive. Schulze replied it was a 28-foot local street, whereas Chestnut Drive was
PLANNING COMMISSION MEETING MINUTES
March 9, 2026
Page 7
32 feet wide. A solution could be posting more signs on Chestnut and Windsong
Drives. 28 feet was the City standard since the 1980s. Staff could have
conversations with the neighboring communities regarding parking during the
snow. He was opposed to a permanent no-parking sign along one side of
Chestnut Drive, but the neighborhood could alternate sides each day, etc. He
corrected his earlier comment about the large tree, which did not have to be
taken down.
Duncan commended the lack of waivers in the development and suggested that
additional trees be added to the intersection. Taylor also commended the
design. He thought the commission addressed the safety issue along Carmody
Drive. Sivilay asked for and received confirmation there were no concerns during
the peak traffic times; there were 25 peak morning trips, and 27 peak evening
trips. Sivilay expressed concern about the traffic on Carmody as a resident in the
area and appreciated the developer working with staff to refine the design.
Peiper added he was glad this was no longer a 99-unit development, finding the
present proposal and appropriate middle ground design.
MOTION: Duncan moved, seconded by Sherwood, to recommend approval for
the Site Plan Review on 5.72 acres and Guide Plan Change on 5.72 acres as
recommended by staff as represented in the March 9, 2026 staff report Motion
carried 8-0.
VI. Reports
A. Planners report
Barnhart stated there would be a commission meeting on March 23, 2026, after which
Peiper and Weber would retire from the commission. Duncan would be the new Chair.
B. Members’ reports
VII. Adjournment
MOTION: Grote moved, seconded by Kirk, to adjourn the meeting. Motion carried 8-0.
Chair Pieper adjourned the meeting at 8:14 p.m.
Chair and Members of the Planning Commission,
On January 28, the Board of the Pinebrook Homeowners Association met to review and discuss
the proposed Chestnut Townhome development. Following that meeting, the developer held a
virtual neighborhood meeting in accordance with City policy, which was attended by
approximately 10 residents. Several concerns were raised during that meeting that the
Pinebrook HOA Board believes will warrant formal consideration by the Planning Commission.
These concerns, along with our specific requests, are outlined below.
1. Neighborhood Meeting Notice
Issue:
City policy requires that notice of a neighborhood meeting be provided at least ten (10) days in
advance to all affected property owners. In this case, many residents did not receive notice until
the day before or the day of the meeting. As a result, only 12 of Pinebrook’s 184 residents were
able to attend, five of whom were HOA Board members and Pinebrook Property Management.
This lack of timely notice did not allow residents adequate time to review project materials,
prepare questions, or meaningfully participate in the discussion, which undermines the intent
of the City’s neighborhood engagement requirements.
Request to the Planning Commission:
We ask that the Planning Commission consider this deficiency in meeting notice as part of its
review and ensure that meaningful neighborhood engagement requirements are met prior to
any project approvals.
We appreciate that the developer has scheduled a second neighborhood meeting in response to
these concerns and have encouraged our residents to attend.
2. Landscaping and Tree Replacement
Issue:
A member of the Pinebrook HOA Board met with City planning staff to review the proposed
plans in detail. One of our primary concerns is the proposed clear-cutting of all existing
vegetation on the site, including the mature buffer currently separating the development
property from Pinebrook Townhomes on the south side.
According to the City’s landscape calculator, the project would remove approximately 900
caliper inches of “significant” trees and 311 caliper inches of “heritage” trees, requiring a total
of 1,072 caliper inches of replacement. However, the submitted landscape plan proposes
replacement of only 257 caliper inches—approximately 24% of the required amount.
While the ordinance allows for a fee in lieu of full tree replacement (estimated at approximately
$101,000), fees do not replace the environmental, visual, and buffering benefits of mature on-
site vegetation. The loss of this buffer will have a direct and lasting impact on adjacent
Pinebrook residents.
Request to the Planning Commission:
We respectfully request that the Planning Commission require additional on-site landscaping,
including increased tree replacement and/or larger-caliper trees, to better reestablish the buffer
of mature vegetation that is being removed.
We also suggest that a portion of any in-lieu fees be directed toward improvements to the
nearby trail entrance to the Purgatory Creek Recreation Area, which would benefit both existing
neighbors and future residents.
3. Traffic Impacts
Issue:
Residents of Pinebrook Townhomes, Windsong, the Reserve Apartments, and the proposed
Chestnut Townhomes rely on only two access routes: Chestnut Drive and Carmody Drive. Both
streets intersect with Anderson Lakes Parkway, a major east–west arterial with high traffic
volumes and speeds, particularly during peak morning and evening hours.
Residents are already experience difficulty entering onto Anderson Lakes Parkway during peak
periods, especially from Carmody Drive. The proposed development could add up to 106
additional vehicles (based on two vehicles per unit), further increasing traffic volumes and
turning movements in an already constrained area.
Request to the Planning Commission:
We ask that the Planning Commission confirm that a comprehensive traffic analysis has been
completed and reviewed by City staff, and that any identified traffic impacts—particularly along
Carmody Drive—are fully mitigated prior to project approval.
4. Street Parking
Issue:
The Board is concerned about potential on-street parking impacts associated with the proposed
development, particularly along Carmody Drive. Townhome developments frequently
experience parking demands that exceed on-site capacity, resulting in overflow parking on
adjacent public streets.
Carmody Drive already serves as a primary access route for multiple residential developments.
Due to vehicles parking on both sides of the street and blocking access to residential streets—
particularly for large vehicles such as trash and recycling collection and delivery vehicles—the
Pinebrook HOA previously requested the installation of no-parking signs along one side of
Carmody Drive. These restrictions prohibit overnight parking from November through April until
8:00 a.m. to maintain safe and reliable access.
Additional on-street parking associated with the proposed development could further reduce
roadway width, limit visibility, complicate snow removal, and create safety concerns for
pedestrians, cyclists, emergency vehicles, and service providers.
In addition, residents of the Reserve Apartments frequently park along Chestnut Drive when
their parking lots are full or temporarily unavailable, such as during snow removal operations
when vehicles must be moved to avoid towing. This existing parking pressure further increases
concern about cumulative on-street parking impacts in the area.
Request to the Planning Commission:
We respectfully request that the Planning Commission carefully evaluate whether the proposed
development provides sufficient on-site parking to meet both resident and visitor demand, and
that on-street parking along Carmody Drive not become a default solution for inadequate
parking design.
The Pinebrook Homeowners Association appreciates the opportunity to provide input on this
proposal. We respectfully request that the Planning Commission give careful consideration to
neighborhood meeting compliance, landscaping, and tree replacement adequacy, traffic
impacts—particularly on Carmody Drive—and on-street parking concerns as part of its review of
the Chestnut Townhome development.
Thank you for your time and consideration.
Sincerely,
Pinebrook Homeowners Association Board of Directors
Don Uram, Karrie Murnan, Katie Rysted, Susan Rossmeisl, and Marcy Gilles
North view from Pinebrook (13600 & 13527 Carmody Drive) facing existing tree buffer.
North view along Carmody Drive facing Chestnut Drive and Windsong.
Sarah Strain
From:
Sent:
To:
Subject:
Patricia Mattson < @gmail.com >
Monday, March 9, 2026 10:12 PM
Sarah Strain
Please forward this to the CITY COUNCIL
If this is what we are in for this neighborhood is in trouble for real. a 2.9 means they arguably are on the edge of
slum lords where their Employees, upkeep and tenants are concerned!!
Just found this.
The City council needs to re-evaluate on this property management firm bringing more of these kinds of
experiences.
1
From:Katjana Williams
To:Sarah Strain
Subject:Chestnut Townhomes development
Date:Saturday, March 28, 2026 9:48:50 AM
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Hello I am a resident of Pinebrook Carriage home's for over 20 years. I enjoy living in this area.
I am concerned about the new development creating increased traffic and parking issues oncarmody drive. It would be great if there be parking restrictions during and after construction.
It is concerning the loss of trees during construction and hope there will be meaningfulreplacements.
It will be unbearable to live through construction for 1.5-2 years from Monday throughSaturday from 7am-7pm.This would impacting my family and my quality of live immensely.
It would help if construction would be reduced to Monday through Friday with 8 hour days .I hope you consider my concerns in your decisions.
Sincerely
Katjana Williams Pinebrook Resident
8468 Cortland rd Eden Prairie
MN 55344
--
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From:Richard Carmody
To:Sarah Strain
Subject:Chestnut Townhomes
Date:Thursday, March 26, 2026 9:29:20 AM
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Dear Ms Strain:As a recent resident of Pinebrook I am not in favor of the Chestnut project.
The open space along Carmody Drive is a nice buffer between neighborhoods and adds to ourquality of living. It looks like this is going to be approved though.
Here are my thoughts.Up to 2 years of six days a week construction, dust, muddy streets, trash, noise and
congestion.Chestnut Drive is already difficult to navigate. I avoid driving it.
After completion I'm afraid Carmody Drive will be a mess with traffic and parking of allmanner of cars and trucks. The added traffic and narrow passage needs to be addressed.
Will the new townhouses have an entry off Carmody Drive? I hope not.Will the hill be cut down and the trees removed along Carmody Drive? Keep the hill and some
trees please.
Richard Carmody, 8411 Cortland Road
From:Nik Julius
To:Sarah Strain
Subject:Comment RE: Chestnut Townhomes proposal
Date:Saturday, March 21, 2026 4:42:54 PM
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Greetings,
I live on 13710 Anderson Lakes Pkwy, and as a result have received multiple notices about theChestnut Townhomes proposal for a 53-unit development on the corners of Chestnut Drive
and Carmody/Windsong Drive. These notices indicate that written comments should bedirected to you - I apologize if I have misunderstood. The meat of my comment is below:
I write simply to express my support for the proposal. Additional housing is desperately
needed across the country, and while Eden Prairie may not be in as catastrophic a situation as,say, San Francisco, it is merely a difference of degree. Eden Prairie's median home sales price
as of last month was in excess of $400,000, nearly a 20% increase year-over-year. The rate ofincrease in particular strongly suggests that there is a substantial housing shortage here. The
rental vacancy rate (below 4%, from my research) adds support to the conclusion. Addressingthis shortage will support growth in Eden Prairie - the taxes paid will support community
services and schools, the new inhabitants will create additional demand for local businesses.
The cost side of the cost-benefit analysis is, by comparison, negligible. By far the biggest costwill be a potential reduction in property values - but this is no true reduction, as the reason for
elevated property values in the first place is precisely the housing shortage that should nothave been allowed to exist in the first place. Frankly, homeowners here like myself have
enough advantages as it is, without extracting even more surplus undeserved rents byexacerbating a housing shortage.
Thank you for your time and consideration.
Nik Julius
From:Nikki Kormanik
To:Sarah Strain
Subject:EMAIL SUBJECT: Resident Feedback on Proposed Chestnut Townhomes Development
Date:Wednesday, March 25, 2026 3:23:52 PM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding theproposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however I have
several concerns about the impact this project may have on the surrounding neighborhoods,including Pinebrook Townhomes, Windsong Townhomes, and Reserve Apartments.
Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00PM. A construction schedule of up to 72 hours per week for an estimated 1.5-2 years would
place a significant and prolonged burden on hundreds of nearby residents and reduce ourquality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving
weekends as quiet time would make a meaningful difference to everyone’s quality of life.
Loss of Trees and Need for Meaningful ReplacementThe project proposes removing approximately 1,027 caliper inches of trees, including many
classified as “significant” and “heritage.” These trees are an important part of the naturalbuffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the south side of
the development with larger replacement trees.
I ask that Pinebrook residents be included in discussions regarding species selection andplacement to ensure the replacement plan restores what is being lost.
Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes
particularly difficult during winter months. Larger vehicles such as trucks, trailers, and boatsfurther limit roadway accessibility. We also have a child who attends Eden Prairie High
School, and utilizes bus transportation. We know, from the EP School District TransportationDivision, that Chestnut is one of the access roads used for the bussed to get in and out of the
Pinebrook community. This would cause considerable strain on the neighbors who haveschool aged children, who utilize the bus system.
With limited visitor parking planned at the Chestnut Townhome development, I am concerned
about overflow parking as well as construction worker parking. I am asking the City Councilto address how parking will be managed to prevent congestion during and after construction to
ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressedas part of the approval process for this development. Thoughtful planning and mitigation
measures will go a long way in balancing growth with the quality of life of existing residents
Thank you for your time and service to the community.
Sincerely,
Nikki & Tim Kormanik
Pinebrook Residents
13475 Carmody Drive
From:Marcy Gilles
To:Sarah Strain
Subject:Feedback on Proposed Chestnut Townhomes Development
Date:Thursday, March 26, 2026 8:59:26 AM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding the
proposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however I have
several concerns about the impact this project may have on the surrounding neighborhoods,
including Pinebrook Townhomes, Windsong Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00
PM. A construction schedule of up to 72 hours per week for an estimated 1.5-2 years would
place a significant and prolonged burden on hundreds of nearby residents and reduce our
quality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving
weekends as quiet time would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many
classified as “significant” and “heritage.” These trees are an important part of the natural
buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the south side of
the development with larger replacement trees. I ask that Pinebrook residents be included in
discussions regarding species selection and placement to ensure the replacement plan
restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes particularly
difficult during winter months. Larger vehicles such as trucks, trailers, and boats further limit
roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I am concerned
about overflow parking as well as construction worker parking. I am asking the City Council to
address how parking will be managed to prevent congestion during and after construction to
ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressed
as part of the approval process for this development. Thoughtful planning and mitigation
measures will go a long way in balancing growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Marcy Gilles, Pinebrook Resident
13716 Anderson Lakes Parkway
From:Barbara Buckner
To:Sarah Strain
Subject:Feedback on Chestnut Townhome Development
Date:Sunday, March 29, 2026 10:16:18 AM
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Hi Sarah,
I'm writing to convey my staunch support for the Board of Director's concerns about theChestnut Townhomes development:
1. What are the work hours for construction?
•Current city ordinances allow construction Monday through Saturday from 7:00 AM to 7:00PM.
That is 12 hours of construction work each day for a total of 72 hours each week.Construction is
allowed 6 days a week with Sunday being the only day where construction work is notallowed.
• The Board of Directors feels that up to 72 hours of construction noise per week for nearly 2years
would significantly impact quality of life for the hundreds of people that not only live atPinebrook, but also at Windsong Townhomes and Reserve Apartments. This produces stressand anxiety.
Many of us work hard all week long - either from home (so they will hear construction noiseall day) or work off site. At the end of the work week, we expect the BASICS of having rest
and some peace Saturday and Sunday. If this 12-hour a day and Saturday work schedule isinflicted by the City of Eden Prairie, it woufd show absolutely no concern for the residents in
the community who work hard, pay taxes, and who are requesting the minimum days of restand reasonable work hours daily while in their home sanctuary.
6 pm is a reasonable work stop.
• We are advocating for construction to be limited to Monday-Friday only. Preserving
weekends asquiet time would make a meaningful difference to everyone’s quality of life. YES
2. What is happening to the current trees and landscaping in the construction area?
• The development plan includes the removal of all trees and vegetation along the southernborder between Pinebrook and the vacant lot as well as trees along Carmody Drive. This is a
lossof approximately 1,027 caliper inches of trees, with many trees classified as “significant” or of
“heritage” value. YES they offer a high quality visual and natural setting for theneighborhood. They will also serve as a natural "barrier" from the rest of thedevelppment.
•The Board of Directors is requesting enhanced landscaping and buffering along the southside of
the development with larger replacement trees. We are also requesting that Pinebrookresidents
have input on species selection and placement to help restore the natural character of the area.YES
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomesparticularly difficult during winter months. Larger vehicles such as trucks, trailers, and boats
further limit roadway accessibility. With limited visitor parking planned at the ChestnutTownhome development,
I am concerned about overflow parking as well as construction worker parking. I am asking
the City Council to address how parking will be managed to prevent congestion during andafter construction to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressed
as part of the approval process for this development. Thoughtful planning and mitigationmeasures will go a long way in balancing growth with the quality of life of existing residents.
Sincerely,
Barbara Buckner8453 Cortland Road
Pinebrook TH Association
From:Jodi Ollanketo
To:Sarah Strain
Subject:Housing Development Next to Pinebrook
Date:Sunday, March 29, 2026 12:14:07 PM
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I am reaching out as concerned resident of Pinebrook Townhomes and as a concerned residentof Eden Prairie. We are already living like sardines, right on top of our neighbors with very
minimal yard or grass. We enjoy what little open space we have to breath, walk our dog, andplay with our kids. We do not need the added traffic and noise. We should not be cutting down
trees. There are other areas already developed that could be converted to housing. I beg youNOT to approve this development!! Please look for other locations.
Thank you,
Jodi on Cortland Road
From:Coleen Watts
To:Sarah Strain
Subject:Proposed Chestnut Townhomes Development
Date:Sunday, March 29, 2026 8:07:21 PM
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Dear Member of the Eden Prairie City Council,
I am a resident at the Pinebrook Townhome community and I am writing to address concernsabout the proposed Chestnut Townhome Developments at Carmody Drive and Chestnut Drive.
I do have several concerns about the impact these new developments will bring to the
Pinbrook community, as well as the Windsong Townhomes and the Reserve Apartments.
1)Construction Schedule. I understand, per city ordinance, construction is allowed from7AM - 7PM 6 days a week. This is a huge burden being placed on the surrounding townhome
and apartment complexes. Seventy-two hours a week gives us very little reprieve from theconstruction noise and traffic. This would impact our quality of life. I am requesting that
construction be limited to the weekdays, Monday-Friday. Whether we are indoors or outside,time in our communities would be greatly improved if we knew the weekend would be
preserved for quiet time. I believe this would make a very meaningful difference to everyone'squality of life over this 1.5 to 2 year span.
2) Loss of Trees. I understand the development plans include removal of all trees and
vegetation along the southern border between Pinebrook and the vacant lot as well as treesalong Carmody Drive. I believe this proposal includes many trees classified as "significant"
and "heritage". These trees are very important being a part of a natural buffer and beauty ofour area. I am asking that the City require more landscaping and buffering along the south
side of the development with larger replacement trees to fully restore what is being lost. I amalso asking that the Pinebrook residents be included in the decision making when selecting the
trees.
3)Parking and Traffic Concerns. The parking on Chestnut Drive has already made it achallenge at times for through traffic. Chestnut is a street with curves between Carmody and
Anderson Lakes. I have found, with only one very large vehicle parked on the street (largerthan a truck or trailer,) it slowed me down in order to see around the vehicle for oncoming
traffic. I am very concerned about the combination of construction work parking, normalstreet parking, plus all the through traffic, including school buses that stop in front of
the apartment complex. There is another exit from Carmody out to Anderson Lakes in thePinebrook complex area; however, there is a blind spot as you turn left. With additional
vehicles from the new developments, leaving our community will be a huge challenge. I amasking the City Council to address how parking will be managed to prevent congestion during
and after construction to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and ask that they be addressed as part of theapproval process for the new developments.
Sincerely,
Coleen WattsPinebrook Resident
8463 Cortland RoadEden Prairie, MN
From:Sarah Strain
To:"Laura Udell"
Subject:RE: Chestnut Development Concerns [Filed 25 Mar 2026 15:07]
Date:Wednesday, March 25, 2026 3:07:41 PM
Attachments:image002.png
Hello Laura,
Thank you for your email regarding the proposed Chestnut Townhomes development. Your message
will be shared with City Council as part of their packet for the project public hearing on April 7th. This
meeting will include a public hearing for Chestnut Townhomes, and City Council will vote whether to
approve the proposed development. You are welcome to attend. The meeting will also be
livestreamed on the City’s website.
The construction hours outlined in City Code are comparable to the construction hours of
neighboring cities. There are no pilings as part of this project, which will help reduce the amount of
loud noise and impact. As the construction plan continues to develop, the City will work with the
developer to minimize impact.
Regarding the parking concerns with the new development, additional winter parking restrictions
along Chestnut Drive are being reviewed as part of this project. The City wants to ensure plows can
clear the streets, but we also don’t want to create a situation where no one can park their car or
make parking concerns along Carmody Drive worse in the winter. The Public Works director is
working with the development team and the Reserve Apartments to determine the best solution.
There are four visitor parking spaces on each side of Chestnut Drive for a total of eight spaces, but I
understand your concern that this is not enough parking. It is a balance between providing sufficient
parking and minimizing impervious surface coverage to protect water quality. The development plan
exceeds City requirements for parking. Street parking is currently permitted on Chestnut Drive,
Windsong Drive, and Carmody Drive.
Regarding Pinebrook parking questions/concerns, the “visitor” spaces may be used by anyone. There
is not a requirement that only visitors to the Pinebrook may use them; the requirement is to have
additional spaces available for general use.
Thank you,
Sarah Strain, AICP (she/her)
Planner II
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8413
edenprairiemn.gov
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From: Laura Udell <@me.com>
Sent: Wednesday, March 25, 2026 10:43 AM
To: Sarah Strain <sstrain@EdenPrairieMN.Gov>
Subject: Chestnut Development Concerns
Hi Sarah,
I’m writing as a Pinebrook resident to share my concerns regarding the proposed
Chestnut Townhomes development, particularly around construction hours and the
anticipated parking impact this will bring .
I am a regional manager in property management, so I’m very familiar with development
projects and the noise, disruption, and logistical challenges they bring. Even with that
understanding, the current plan allowing construction to begin at 7:00 AM Monday
through Saturday is extremely concerning for the hundreds of residents who live directly
adjacent to this site.
The thought of pile driving or heavy machinery starting at 7:00 AM, six days a week, for up
to two years, will significantly impact quality of life for Pinebrook, Windsong
Townhomes, and Reserve Apartments. These communities include families, seniors,
remote workers, and individuals who will feel the effects daily.
I strongly urge the City to consider:
• Restricting construction to Monday through Friday only
• Establishing quiet hours until at least 8:00 or 9:00 AM, especially for high‑impact
activities such as pile driving
These adjustments would still allow the project to move forward while protecting the
well‑being of current residents.
I also want to highlight the very real parking concerns this development will create.
Parking on Chestnut Drive and Carmody Drive is already extremely tight, especially in
winter months when Chestnut effectively becomes a one‑way because cars cannot pass
through. Adding the 58 units will further impact the already difficult parking in the area.
During a recent meeting, it was noted that the new development will rely heavily on each
unit’s garage and driveway for parking. From both my lived experience here and my
professional experience in property management, I can say with confidence that this will
not be sufficient. People fill their garages with items, use their driveway for spaces for
children to play, etc. Overflow parking, visitor parking, and construction worker parking
will absolutely spill into the surrounding streets, creating congestion and frustration for
residents.
It may be in the City’s best interest to require additional resident/visitor parking within
the development to prevent what will otherwise become a long‑term parking problem
and a steady stream of complaints once residents begin to feel the impact. Four visited
spaces does not feel sufficient.
I also want to raise a concern specific to Pinebrook’s internal parking limitations, which
further compounds the issue. Our HOA enforces very strict rules around visitor parking,
to the point where residents, myself included, have been threatened with towing for
using visitor spaces even when they sit completely vacant. I live on the last finger street
on Carmody, and because bikes and outdoor items are not allowed outside, our garage
space is limited during summer months. (I store them off site during the winter so I can
park in my garage.) My daughter plays basketball, so we often use our driveway as
functional space, which leaves street parking as our only option. Many residents have
expressed frustration that our visitor lots remain empty while we are required to park on
the street, adding to congestion. We have been told this is due to City requirements that
these spaces remain “visitor only.” If that is the case, I would appreciate clarification.
If not, I strongly urge the City to consider allowing Pinebrook greater flexibility in how
these spaces are used, especially given the additional parking strain the new
development will create.
Thank you for your time and for considering the needs of the existing Eden Prairie
community as part of this approval process.
Sincerely,
Laura
From:Susan Hartliep
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhome Development
Date:Friday, March 27, 2026 4:51:19 PM
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To: Sarah Strain, City of Eden Prairie Project Planner
Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding
the proposed Chestnut Townhomes development at Carmody Drive and Chestnut
Drive.
I understand the need for continued housing development in Eden Prairie,
however I have several concerns about the impact this project may have on the
surrounding neighborhoods, including Pinebrook Townhomes, Windsong
Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00
AM to 7:00 PM. A construction schedule of up to 72 hours per week for an
estimated 1.5-2 years would place a significant and prolonged burden on
hundreds of nearby residents and reduce our quality of life in a small, quiet
residential neighborhood.
I am requesting that construction be limited to Monday through Friday only.
Preserving weekends and holidays as quiet time would make a meaningful
difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees,
including many classified as “significant” and “heritage.” These trees are an
important part of the natural buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the
south side of the development with larger replacement trees. I ask that Pinebrook
residents be included in discussions regarding species selection and placement
to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and
becomes particularly difficult during winter months. Larger vehicles such as
trucks, trailers, and boats further limit roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome
development, I am concerned about overflow parking as well as
construction worker parking. I am asking the City Council to address how
parking will be managed to prevent congestion during and after construction
to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that
they be addressed as part of the approval process for this development.
Thoughtful planning and mitigation measures will go a long way in balancing
growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Respectfully,
Susan Hartliep
Pinebrook Resident
8398 Cortland Road
Eden Prairie, MN
From:Katie Rysted
To:Sarah Strain
Subject:Resident Feedback on Chestnut Townhomes
Date:Sunday, March 29, 2026 4:53:17 PM
Hi Sarah,
I would like to have my comments regarding Chestnut Townhomes added to the information
for the City Council.
----------------
Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback and concerns
regarding the proposed Chestnut Townhomes development at Carmody Drive and Chestnut
Drive.
I understand the need for continued housing development in Eden Prairie, however, I have
several concerns about the impact this project may have on the surrounding neighborhood
residents, including Pinebrook Townhomes, Windsong Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00
PM. That is 12 hours of construction work a day for a total of 72 hours each week.
Construction is allowed 6 days a week with Sunday being the only day where construction
work is not allowed.
A construction schedule of 72 hours each week for nearly 2 years would significantly impact
quality of life for the hundreds of people that not only live at Pinebrook, but also at Windsong
Townhomes and Reserve Apartments. Many of us, myself included, work from home. Some of
my fellow neighbors don't have the option of going into an office or a public location like a
coffee shop or the library due to the sensitive nature of their work.
I am requesting that construction be limited to Monday-Friday only. Preserving weekends as
quiet time would make a meaningful difference to everyone’s quality of life. We shouldn't feel
forced to leave our homes in order to get some peace and quiet on our weekend days.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many
classified as “significant” and “heritage.” These trees are an important part of the natural
buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the south side of
the development with larger replacement trees. I am also asking that Pinebrook residents be
included in discussions regarding species selection and placement to ensure the replacement
plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes particularly
difficult during winter months. Even though Chestnut Drive is a slightly wider street, safe
vehicle passenger on this street in the winter is extremely difficult when vehicles are parked
on both sides of the street. I do school bus patrols at Reserve and this winter, the buses
weren't able to make it down the street if another vehicle was coming down the road.
Essentially, Chestnut Drive becomes a one-way street if a vehicle wants to move safely down
the road. Larger vehicles (such as pickup trucks, trailers, and boats) parked on the street
further limit roadway accessibility near Pinebrook on Carmody as well as Chestnut Drive.
With limited visitor parking planned at the Chestnut Townhome development, I am concerned
about overflow parking as well as construction worker parking. I am asking the City Council to
address how parking will be managed to prevent congestion during and after construction to
ensure safe passage for all vehicles. What is the plan for parking restrictions before and after
construction?
I appreciate your consideration of these concerns and respectfully ask that they be addressed
as part of the approval process for this development. Thoughtful planning and mitigation
measures will go a long way in balancing needed housing and growth with the quality of life of
existing residents.
Thank you for your time and service to our community.
Sincerely,
Katie Rysted
Pinebrook Resident
8451 Cortland Road
From:Shelli Halbersma
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Monday, March 30, 2026 6:01:30 PM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding the
proposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however I haveseveral concerns about the impact this project may have on the surrounding
neighborhoods, including Pinebrook Townhomes, Windsong Townhomes, and ReserveApartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00
PM. A construction schedule of up to 72 hours per week for an estimated 1.5-2 years wouldplace a significant and prolonged burden on hundreds of nearby residents and reduce our
quality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving
weekends as quiet time would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many
classified as “significant” and “heritage.” These trees are an important part of the naturalbuffer and character of the area.
I am asking that the city require enhanced landscaping and buffering along the south side
of the development with larger replacement trees. I ask that Pinebrook residents beincluded in discussions regarding species selection and placement to ensure the
replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomesparticularly difficult during winter months. Larger vehicles such as trucks, trailers, and boats
further limit roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I am
concerned about overflow parking as well as construction worker parking. I am asking the
City Council to address how parking will be managed to prevent congestion during andafter construction to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be
addressed as part of the approval process for this development. Thoughtful planning and
mitigation measures will go a long way in balancing growth with the quality of life of existing
residents.
Thank you for your time and service to our community.
Sincerely,
Shelli HalbersmaPinebrook Resident
8483 Cortland Rd, Eden Prairie, MN 55344
From:Christine Galkin
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Friday, March 27, 2026 8:05:19 AM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback
regarding the proposed Chestnut Townhomes development at Carmody Drive
and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie,
however I have several concerns about the impact this project may have on the
surrounding neighborhoods, including Pinebrook Townhomes, Windsong
Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00
AM to 7:00 PM. A construction schedule of up to 72 hours per week for an
estimated 1.5-2 years would place a significant and prolonged burden on
hundreds of nearby residents and reduce our quality of life.
I am requesting that construction be limited to Monday through Friday
only. Preserving weekends as quiet time would make a meaningful
difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees,
including many classified as “significant” and “heritage.” These trees are an
important part of the natural buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the
south side of the development with larger replacement trees. I ask that
Pinebrook residents be included in discussions regarding species selection and
placement to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and
becomes particularly difficult during winter months. Larger vehicles such as
trucks, trailers, and boats further limit roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I
am concerned about overflow parking as well as construction worker parking. I
am asking the City Council to address how parking will be managed to prevent
congestion during and after construction to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they
be addressed as part of the approval process for this development. Thoughtful
planning and mitigation measures will go a long way in balancing growth with the
quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Christine Galkin
Pinebrook Resident
13481 Carmody Dr
Eden Prairie, MN 55344
From:S Y
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Thursday, March 26, 2026 7:13:41 PM
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TO: Sarah Strain, City of Eden Prairie Project Planner | sstrain@edenprairiemn.gov
EMAIL SUBJECT: Resident Feedback on Proposed Chestnut Townhomes
Development
Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding theproposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive. I
understand the need for continued housing development in Eden Prairie, however I haveseveral concerns about the impact this project may have on the surrounding
neighborhoods, including Pinebrook Townhomes, Windsong Townhomes, and ReserveApartments.
1. Construction Schedule and Community Impact The current ordinance allows
construction Monday through Saturday from 7:00 AM to 7:00 PM. A constructionschedule of up to 72 hours per week for an estimated 1.5-2 years would place a
significant and prolonged burden on hundreds of nearby residents and reduce ourquality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving
weekends as quiet time would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement The project proposes removingapproximately 1,027 caliper inches of trees, including many classified as “significant”
and “heritage.” These trees are an important part of the natural buffer and character ofthe area.
I am asking that the Eden Prairie City require enhanced landscaping and buffering along
the south side of the development with larger replacement trees. I ask that Pinebrookresidents be included in discussions regarding species selection and placement to
ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns Parking on Chestnut Drive and Carmody Drive is alreadya challenge and becomes particularly difficult during winter months. Larger vehicles
such as trucks, trailers, and boats further limit roadway accessibility. With limited visitorparking planned at the Chestnut Townhome development, I am concerned about
overflow parking as well as construction worker parking.
I am asking the City Council to address how parking will be managed to preventcongestion during and after construction to ensure safe passage for all vehicles. I
appreciate your consideration of these concerns and respectfully ask that they beaddressed as part of the approval process for this development.
Thoughtful planning and mitigation measures will go a long way in balancing growth with
the quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Susan Yoo and Lian K Tan
Pinebrook Resident
8384 Cortland Road, Eden Prairie MN 55344
From:Jeanne Nikolas
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Thursday, March 26, 2026 10:08:47 AM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback
regarding the proposed Chestnut
Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie,
however I have several concerns about
the impact this project may have on the surrounding neighborhoods, including
Pinebrook Townhomes, Windsong
Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00
AM to 7:00 PM. A construction
schedule of up to 72 hours per week for an estimated 1.5-2 years would place a
significant and prolonged burden
on hundreds of nearby residents and reduce our quality of life.
I am requesting that construction be limited to Monday through Friday only.
Preserving weekends as quiet time
would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees,
including many classified as
“significant” and “heritage.” These trees are an important part of the natural
buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the
south side of the development with
larger replacement trees. I ask that Pinebrook residents be included in discussions
regarding species selection and
placement to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes
particularly difficult during
winter months. Larger vehicles such as trucks, trailers, and boats further limit
roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I
am concerned about overflow
parking as well as construction worker parking. I am asking the City Council to
address how parking will be
managed to prevent congestion during and after construction to ensure safe
passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they
be addressed as part of the
approval process for this development. Thoughtful planning and mitigation
measures will go a long way in
balancing growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Jeanne Nikolas
Pinebrook Resident
8396 Cortland Road
Eden Prairie, MN 55344
From:Wendy Vogland
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Wednesday, March 25, 2026 7:42:02 PM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding the
proposed Chestnut
Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however I have
several concerns about
the impact this project may have on the surrounding neighborhoods, including Pinebrook
Townhomes, Windsong
Townhomes and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00
PM. A construction
schedule of up to 72 hours per week for an estimated 1.5-2 years would place a significant and
prolonged burden
on hundreds of nearby residents and reduce our quality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving
weekends as quiet time
would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many
classified as
“significant” and “heritage.” These trees are an important part of the natural buffer and
character of the area.
I am asking that the City require enhanced landscaping and buffering along the south side of
the development with
larger replacement trees. I ask that Pinebrook residents be included in discussions regarding
species selection and
placement to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes particularly
difficult during
winter months. Larger vehicles such as trucks, trailers, and boats further limit roadway
accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I am concerned
about overflow
parking as well as construction worker parking. I am asking the City Council to address how
parking will be
managed to prevent congestion during and after construction to ensure safe passage for all
vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressed
as part of the
approval process for this development. Thoughtful planning and mitigation measures will go a
long way in
balancing growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Wendy Vogland
Pinebrook Resident
8565 Cortland Rd
Eden Prairie, MN 55344
From:Bonnie Ronning
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Wednesday, March 25, 2026 6:21:35 PM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding the proposed Chestnut Townhomes development at Carmody Driveand Chestnut Drive. I understand the need for continued housing development in Eden Prairie, however I have several concerns about the impact this project may have onthe surrounding neighborhoods, including Pinebrook Townhomes, Windsong Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00 PM. A construction schedule of up to 72 hours per weekfor an estimated 1.5-2 years would place a significant and prolonged burden on hundreds of nearby residents and reduce our quality of life. I am requesting that construction be limited to Monday through Friday only. Preserving weekends as quiet time would make a meaningful differenceto everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement The project proposes removing approximately 1,027 caliper inches of trees, including many classified as “significant” and “heritage.” These trees arean important part of the natural buffer and character of the area. This is especially important, since we are all located next to Nine-Mile Creek Preserve.I would like to see continuity between the nature preserve and your townhome development for birds and other wildlife, by keeping these significantand heritage trees. Presently, Windsong and Pinebrook have large, mature trees across our developments. I am asking that the City require enhancedlandscaping and buffering along the south side of the development with larger replacement trees. I ask that Pinebrook residents be included indiscussions regarding species selection and placement to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes particularly difficult during winter months. Larger vehicles such astrucks, trailers, and boats further limit roadway accessibility. With limited visitor parking planned at the Chestnut Townhome development, I amconcerned about overflow parking as well as construction worker parking. I am asking the City Council to address how parking will be managed toprevent congestion during and after construction to ensure safe passage for all vehicles. I appreciate your consideration of these concerns and respectfully ask that they be addressed as part of the approval process for this development.Thoughtful planning and mitigation measures will go a long way in balancing growth with the quality of life of existing residents. Thank you for your time and service to our community.
Sincerely, Bonnie Ronning, Pinebrook Resident 8430 Cortland RoadEden Prairie, MN 55344
From:Lindsay Rofidal
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Wednesday, March 25, 2026 10:03:09 AM
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https://aka.ms/LearnAboutSenderIdentification ]
Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding the proposed Chestnut
Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however I have several concerns about
the impact this project may have on the surrounding neighborhoods, including Pinebrook Townhomes, Windsong
Townhomes, and Reserve Apartments.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00 PM. A construction
schedule of up to 72 hours per week for an estimated 1.5-2 years would place a significant and prolonged burden
on hundreds of nearby residents and reduce our quality of life.
I am requesting that construction be limited to Monday through Friday only. Preserving weekends as quiet time
would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many classified as
“significant” and “heritage.” These trees are an important part of the natural buffer and character of the area.
I am asking that the City require enhanced landscaping and buffering along the south side of the development with
larger replacement trees. I ask that Pinebrook residents be included in discussions regarding species selection and
placement to ensure the replacement plan restores what is being lost.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a challenge and becomes particularly difficult during
winter months. Larger vehicles such as trucks, trailers, and boats further limit roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I am concerned about overflow
parking as well as construction worker parking. I am asking the City Council to address how parking will be
managed to prevent congestion during and after construction to ensure safe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressed as part of the
approval process for this development. Thoughtful planning and mitigation measures will go a long way in
balancing growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Lindsay Rofidal
8476 Cortland Road
Pinebrook Resident
From:Ashley Yer
To:Sarah Strain
Subject:Resident Feedback on Proposed Chestnut Townhomes Development
Date:Wednesday, March 25, 2026 9:05:49 AM
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Dear Members of the Eden Prairie City Council,
I am writing as a resident of the Pinebrook community to share feedback regarding theproposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive.
I understand the need for continued housing development in Eden Prairie, however, I haveseveral concerns about the impact this project may have on the surrounding neighborhoods.
1. Construction Schedule and Community Impact
The current ordinance allows construction Monday through Saturday from 7:00 AM to 7:00PM. A construction schedule of up to 72 hours per week for an estimated 1.5-2 years would
place a significant and prolonged burden on hundreds of nearby residents and reduce ourquality of life.
I request that construction be limited to Monday through Friday only. Preserving weekends asquiet time would make a meaningful difference to everyone’s quality of life.
2. Loss of Trees and Need for Meaningful ReplacementThe project proposes removing approximately 1,027 caliper inches of trees, including many
classified as “significant” and “heritage.” These trees are an important part of the naturalbuffer and character of the area.
I ask that the City require enhanced landscaping and buffering along the south side of thedevelopment with larger replacement trees. I ask that Pinebrook residents be included in
discussions regarding species selection and placement to ensure the replacement plan restoreswhat is being lost.
3. Parking and Traffic ConcernsParking on Chestnut Drive and Carmody Drive is already a challenge and becomes
particularly difficult during winter months. Larger vehicles such as trucks, trailers, and boatsfurther limit roadway accessibility.
With limited visitor parking planned at the Chestnut Townhome development, I am concernedabout overflow parking as well as construction worker parking. I am asking the City Council
to address parking management to prevent congestion during and after construction, ensuringsafe passage for all vehicles.
I appreciate your consideration of these concerns and respectfully ask that they be addressed
as part of the approval process for this development. Thoughtful planning and mitigationmeasures will go a long way in balancing growth with the quality of life of existing residents.
Thank you for your time and service to our community.
Sincerely,
Ashley Yer
Pinebrook Resident
PROPOSED CHESTNUT TOWNHOMES 2 YEAR
NEIGHBORHOOD NIGHTMARE DEVELOPEMENT
TO: Sarah Strain: sstrain@edenprairiemn.gov
City of Eden Prairie Project Planner.
Resident Feedback on Proposed Chestnut Townhomes Development
Dear Sarah and Members of the Eden Prairie City Council. I am wri<ng as a new resident of the Pinebrook community to
share feedback regarding the proposed Chestnut Townhomes development at Carmody Drive and Chestnut Drive.
Most people understand and empathize with the need for con<nued housing, perhaps in Eden Prairie as well, but Eden
Prairie is large, and this loca<on selec<on brings SERIOUS concerns regarding the impact this project will have on the
surrounding neighborhood, especially Pinebrook Carriage Homes but also Windsong Townhomes, and Reserve
Apartments.
1). TRAFFIC IMPACT - Please I beg the City Council to require Crede Group to create another roadway out of Pinebrook. It
seems totally possible on the SE upper back side of Pinebrook that exits out to Anderson Lakes Parkway just before
Essex St. This new roadway would come from the top back of Pinebrook, down the hill and exit onto Anderson Lakes
Pkwy just before Essex. This will provide a cri<cally needed new roadway in and out of Pinebrook so a large number of
residents above the work block on Carmody won’t need to traverse the work area. This will free up space for the
approximately 110 New vehicles being added in the Chestnut Townhomes Community once completed. It will greatly
reduce the burden on Carmody and Chestnut during construcLon, snow removal and going forward. This would have
the added benefit of slowing down drivers on Anderson Lakes Parkway coming from Flying Cloud Dr before they reach
the Carmody St entrance to PineBrook as well.
2). ConstrucLon Schedule and Community Impact
The current ordinance allows construc<on Mon-Sat from 7:00 AM to 7:00 PM. A construc<on schedule of up to 72 hrs
per wk for an es<mated 1.5-2 years would place a significant and prolonged burden on hundreds of nearby residents
and reduce our quality of life completely removing the Quiet Enjoyment of our Homes we are legally ensured. Using
Pa<os even a&er work will be impinged during the soil removal process/when traffic is moving on loose dirt at the site for
those within a 1.5-2 block area. The noise will be jarring all day as well for those near this. See Below.
SOLUTIONS *** PLEASE - Windows are the PRIMARY place noise gets in. I am reques<ng that the city require Crede
Group to get a large Bulk Discount on windows with triple strength laminated glass and an STC raLng of roughly 36 or
higher including installaLon to residents in Pinebrook living within a 1.5-2 block radius of this 2 year construcLon site
minimally. (Mara Nestrud at Scherer Bros can help with a Marvin op9on that has the proper esthe9c the HOA wants as
well as a HIGH STC and triple pane. Her email is mnestrud@SCHERERBROS.COM). Hayfield, (which the HOA asks for 1st),
does not make these high STC opLons, but AGAIN the Pinebrook estheLc CAN be kept with another triple paned High
STC maker like Marvin etc. Respec^ully, expec<ng tax paying residents to deal with this kind of mess and loss of quiet
enjoyment for 2 years with NO way to miLgate that, is just not fair or reasonable to ask. Nearby the site Residents of
Pinebrook NEED some kind of relief in a REAL WAY. Keep in mind however, allowing the discount to apply
“Community Wide” would be great as it may be a larger and everyone can take advantage if they’d like or need that
Triple Paned High STC Rated OpLon Installed to miLgate noise or just improve their old windows here. This would
raise enthusiasm for the project as well.
-Construc<on needs to be limited to Mon - Fri with Saturday just for certain kinds of “Quiet Work only”. Preserving
weekends as the ONLY remaining quiet <me le] for people here will have an impact on quality of life, however the
aforemen<oned WINDOW OPTION ABOVE IS WHAT IS REALLY NEEDED FOR PEOPLE TO ENDURE LIVING NEAR THIS
FOR THIS LENGTH OF TIME.
3). Loss of Trees and Need for Meaningful Replacement
The project proposes removing approximately 1,027 caliper inches of trees, including many classified as “significant” and
“heritage.” These trees are an important part of the natural buffer and character of the area. I am asking that the City
require much more enhanced landscaping and buffering along the south side of the development at Carmody with larger
PROPOSED CHESTNUT TOWNHOMES 2 YEAR
NEIGHBORHOOD NIGHTMARE DEVELOPEMENT
replacement trees. I ask that Pinebrook residents be included in discussions regarding species selec<on and placement
to ensure the replacement plan restores what is being lost. Keeping the charm of Pinebrook so it’s separated from the “3
level part of the rental complex build”currently slated to be on land that is within the end blocks of an exis<ng Low Rental
Allowed and well established currently super quiet Community, is essen<al.
3. Parking and Traffic Concerns
Parking on Chestnut Drive and Carmody Drive is already a serious challenge and becomes close to impossible during
snow events and winter months. People are currently having to back up even a small car to allow another to pass in
places. Larger vehicles such as trucks, trailers, busses RV’s and boats further limit accessibility. The intersec<on at
Chestnut and Anderson Lakes gets seriously busy now..
With very limited visitor parking currently planned at the Chestnut Townhome development, overflow from guests and
workers IS going to be an Issue once completed, and construc<on worker parking cannot be allowed on the streets. I am
asking the City Council to address how parking will be managed to prevent this and conges<on during and a]er
construc<on and to ensure safe passage for all vehicles. There needs to be a designated LOT FOR THIS PROJECT, it’s
supplies, workers etc so NONE of that is on the community streets. SEE ITEM #1 for a GREAT SoluLon
4). RedTails concerning D RaLng as a Management Company
Brief overviews on google show that the currently selected facility management company “RedTail” has terrible D Ra<ng
and BBB Complaints. Please ask how Crede group and associated parLes are going to prevent this so it does NOT
CONTINUE HERE at yet another RedTail Managed community near us.
5) CRIME - no one has addressed the effect this could have on Crime in the area.
I appreciate your taking these concerns seriously. PLEASE imagine if you invested here thinking you were living in a
quaint, quiet ligle community with limited rentals and pride of ownership to now be forced to deal with the fallout of
this to your everyday quality of life for 2 years. PUT YOURSELF IN A TAX PAYING RESIDENTS SHOES, many of whom this is
their biggest re<rement investment on top of being their coveted low rental, quiet sanctuary currently.
Respec^ully I ask that these items be addressed PRIOR to FINAL APPROVAL for this development. Though^ul planning
and miLgaLon measures will go a long way in balancing growth with the quality of life of exisLng tax paying Eden
Prairie residents.
In Closing - The HOA has shared that all residents of Pinebrook were discussing this at mee<ngs in 2024. I asked about
quiet prior, as well as emphasized that aspect in my offer leger to the seller here. I repeatedly told my Trusted Realtor at
Remax Advantage Plus, Sue Gonyea, my full situa<on, needs AND that I was coming FROM 8 MONTHS of living over
construc<on up to the day I exited the West Coast and could NOT go through that again. I had A HARD DEALBREAKER ON
NOISE/NOTHING CLOSE TO CONSTRUCTION/PROPOSED CONSTRUCTION. She promised a “Deep Dive” on HOA Docs,
Construc<on and Comps and since I was reloca<ng across the country to help my mom with Alzheimers who is at The
Glenn, I just REALLY needed to be able to trust these people. So For me personally - Windows are criLcal.
Thank you ALL for your <me and service to our community.
Sincerely, Patricia Magson
Pinebrook Resident at
13535 Carmody Dr
City Council Agenda Cover Memo
Date: April 7, 2026
Section: Public Hearing
Item Number: VIII.B.
Department: Community Development/ Housing & Community Services
Julie Klima/ Liz Springer
ITEM DESCRIPTION
2026 Community Development Block Grant (CDBG) Funding Recommendations
REQUESTED ACTION
Move to:
• Close the public hearing, and
• Adopt Resolution approving the acceptance and distribution of 2026 CDBG funds as
recommended by the Eden Prairie Human Services Review Committee.
SUMMARY
Eden Prairie’s 2026 CDBG allocation has not yet been announced by the U.S. Department of
Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff
estimates a 2026 allocation of $250,000, was used by the Human Services Review Committee to
make its funding recommendations for 2026. Once the actual allocation amount is received, if
there is a decrease in the estimated allocation amount and the public service cap is reached,
any amount over the 15% will be deducted from PROPS’s Homeless Prevention activity. After
this adjustment has been made, if there is an increase or decrease in the estimated allocation
amount for the 2026 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program
activity will be increased or decreased accordingly. Federal regulations stipulate that Public
Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the
prior year program income received. An additional $60,000 in Program Income will be used for
2026 activities which will bring the total funding amount to $310,000 which includes the
maximum public service funding amount of $50,000. Any additional program income received
will be used to cover expenses generated in an existing CDBG Program or activity. The Human
Services Review Committee reviewed the 2026 CDBG proposals and recommends the following
activities be funded.
Public Service Activities Funding
PROP (Housing Support Services) $24,000
PROP (Emergency Vehicle Repair) $11,000
HOME (Household & Outside Maintenance for the Elderly) $15,000
Subtotal $50,000
Housing and Administrative Activities Funding
Housing Rehabilitation Deferred Loan Program $78,000
Rehab Grants $5,000
Affordable Housing - WHAHLT $80,000
Affordable Housing – First Time Homebuyer $35,000
Fair Housing Initiative $2,000
Program Administration $60,000
Total $310,000
ATTACHMENTS
• 2026 Action Plan - Draft
• 2026 CDBG Summary of Proposals
• 2026 Resolution
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Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community
in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban
Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the
Five Year Consolidated Plan and HOME funding.
The city held its public hearing on April 7, 2026, to determine how to allocate an estimated $250,000 in
2026 CDBG funding and $60,000 in estimated program income. The city’s Human Services Review
Committee met on January 15, 2026, to determine their recommendations that were brought to the
council during the public hearing for approval.
When the city held its public hearing it had not received its 2026 allocation amount from HUD. The
HSRC based their recommendations on an estimated allocation amount of $250,000, with the
stipulation that if there is a decrease in the estimated allocation amount and the public service cap is
reached, any amount over the 15% will be deducted from PROP’s Homeless Prevention activity. After
this adjustment has been made, if there is an increase or decrease in the estimated allocation amount
for the 2026 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be
increased or decreased accordingly.
2. Summarize the objectives and outcomes identified in the Plan
The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing
stock, provide affordable housing options, provide essential services to seniors, families and individuals
and support Fair Housing activities.
The city's CDBG allocation will be used for housing rehabilitation, energy improvements, handicap
accessibility improvements and emergency repairs for the purpose of maintaining decent affordable
housing. The city plans to rehab three low-and moderate-income, owner occupied homes and assist one
senior with an emergency grant.
Excess program income, if available, may be used to provide rehab grants to nonprofits who serve low-
and moderate-income Eden Prairie residents to make needed repairs to their facilities.
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The City’s CDBG allocation will be used for affordable housing to help provide decent housing, while
maintaining affordability and sustainability. CDBG program income funds will be used for a first-time
home buyer program to assist one low-and moderate-income household purchase their first
home. CDBG entitlement funds will be used by the West Hennepin Affordable Housing Land Trust to
support the acquisition of two single family homes, which will then be sold to low-and moderate-income
homebuyers.
The city supports public service programs that provide assistance to low- and moderate-income seniors,
families and individuals. These funds help provide access to suitable living conditions, maintain
affordability and availability to housing activities. During 2026, it is anticipated that sixty-seven low-and
moderate-income Eden Prairie residents will be assisted through programs offered by PROP and Senior
Community Services.
The City will continue to utilize its award of CDBG funds to support fair housing activities through the
Fair Housing Implementation Council and will continue to further fair housing in three ways: through its
Fair Housing Policy, by providing technical support and advice to potential victims of discrimination, and
through its participation in the regional planning for the Fair Housing Implementation Council (FHIC).
The city consults and works closely with the Fair Housing Implementation Council to identify and
address fair housing needs throughout the metro area. The Fair Housing Policy calls on City staff to
spread awareness on what constitutes a fair housing violation. The City’s Fair Housing designee routinely
takes calls from potential complainants, making appropriate referrals either to HUD, to local legal
advocacy organizations, or to other City departments to try to rectify landlord / tenant issues. 2026
means the creation of a new Analysis of Impediments (AI), conducted at the regional level by the FHIC.
As we are waiting on the distribution of a new Final Rule, planning has been difficult as requirements
and preferences are relatively unknown based on the change in administrations. As an early first step,
we’ve been reviewing our current AI and determining what we the most pressing issues are and where
we might have the greatest impact. City staff also met with the ad hoc Eden Prairie Housing Alliance, a
group of residents who banded together to grow community awareness of housing issues, constraints,
and opportunities, including the importance of fair housing.
The city will use excess prior year entitlement funds and/or program income for administration, public
service programs, affordable housing and rehabilitation projects. Any additional program income
received will be used to fund an existing CDBG Program or activity and not just the activity generating
the income.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
Due to the limited amount of CDBG funds received, the city carefully considers each project to make
sure that it will meet as many housing and community development needs as possible. There is
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particular focus on this with the public service agencies, requiring them to report on past performance
and anticipated future performance when applying for funds. The organizations receiving CDBG funding
from the City of Eden Prairie typically meet their expected performance goals. These organizations
continuously experience high demand for their services and give the city insight into community needs.
The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial
monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely
monitor them for timeliness and to ensure they are serving the clientele specified in their funding
request. If a grantee is falling behind in their spending or accomplishments, the city works closely
with them to come up with solutions. The city believes communication is an important tool to make
sure the funded programs are successful.
The city maintains spreadsheets that track the past performance of funded organizations and uses these
spreadsheets when determining funding. The city is able to look back several years to see trends and to
determine if a program is serving its purpose.
4. Summary of Citizen Participation Process and consultation process
The Eden Prairie City Council approved Resolution No. 2025-035 adopting its 2025-2029 Citizen
Participation Plan (CPP) for the city at its meeting on March 18, 2025. The CPP details the efforts to
broaden public participation in the development of the Action Plan. Eden Prairie’s CPP calls for the
proposed Annual Action Plan to be available for public comment 30 days prior to a public hearing before
the Eden Prairie city council. Eden Prairie also submits their proposed plans to Hennepin County to be
available for public comment 30 days prior to a public hearing before the Hennepin County Board. Public
comments on Eden Prairie’s proposed activities are accepted at both the city council public hearing and
Hennepin County’s public hearing. Following the Citizen Participation Plan, notice of the city’s public
hearing was published on February 12, 2026, in the Sun Sailor more than ten working days prior to the
council meeting. The City’s Housing & Community Services (HCS) division responds to questions and
inquiries about the plan and makes recommendations to the City Council based on feedback. The
Human Services Review Committee used the estimated allocation amount of $250,000 along with
$60,000 in program income funds to make the funding recommendations to the city council with the
stipulation that if there is a decrease in the estimated allocation amount and the public service cap is
reached, any amount over the 15% will be deducted from PROP’s Homeless Prevention activity. After
this adjustment has been made, if there is an increase or decrease in the estimated allocation amount
for the 2026 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be
increased or decreased accordingly.
Draft copies of the plan were available for review on the city’s website, at the Eden Prairie Library and at
Eden Prairie City Center. Public comments were solicited from February 13, 2026 until March 16, 2026.
The Eden Prairie city council held a public hearing on April 7, 2026 to approve the city’s 2026 Annual
Action Plan, and adopt the funding resolution. Three nonprofits participated in Eden Prairie’s public
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hearing and made comments regarding their programs and how they benefit low-and moderate-income
Eden Prairie residents. No residents participated in the public hearing and no comments were received
on or before March 16, 2026.
After the city’s public hearing, Hennepin County held a 30 day public comment period for the
Consortium’s 2026 Annual Action Plan from March 23, 2026 until April 22, 2026. A copy of the 2026
Draft Action Plan was available on the Hennepin County website: www.hennepin.us/housing-plans.
Notice of the public comment period and public hearing was sent to the Hennepin County egov list and
emailed to residents and cities within Hennepin County. The Hennepin County Board of Commissioners
held a public hearing on Tuesday April 29, 2026. The public hearing was live streamed on the internet
with closed caption, and residents could call in to provide prerecorded or real-time public comment
during the hearing. The published public notices included the following language: " If you need help to
make it possible for you to be active in the public hearing, please call 612-543-4342 at least three days
prior to the hearing." No comments were received regarding Eden Prairie’s plan.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
No comments were received by the residents of Eden Prairie. The city does not typically receive public
comments on their annual action plan. Therefore, throughout the year, the city works hard to
engage residents in the planning process. The city relies heavily on residents as well as public service
providers to identify needs they see in the community.
As part of the city’s updated Comprehensive Plan, Aspire Eden Prairie 2040, the City assembled a
number of focus groups to address housing, specifically to determine how to meet housing needs going
into the future. The information gathered is assisting in planning for future housing needs, including the
development and preservation of affordable housing. The City convened a 12-member resident Housing
Task Force that presented its recommendations to the City Council. The Task Force’s top
recommendation, to enact a housing ordinance to address affordability, has been completed.
At its goal setting session, the City Council expressed its desire to go out into the community to gather
feedback and input on issues facing Eden Prairie residents. The city council and staff held a town hall
meeting with the community. Attendees asked questions of staff and elected officials about plans for
the future while also sharing their personal and professional experiences within the community and
ideas for future conversations and action. Attendees represented community members, corporate
residents, community organizations and educational institutions. The City Council also meets annually
with local non-profits and the school district to receive updates on current initiatives and identify areas
for potential collaboration. OHS staff reached out to the Community Engagement Impact Council (CEIC),
PROP (local nonprofit), the Senior Center and the Property Managers Collaborative for any comments.
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The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss
resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These
meetings are very important to the city as a means to understand what the needs are in the community
and what can be done to address these needs. The city learned that barriers include affordable housing
and transportation. These services are a high priority for Eden Prairie residents and therefore, the city
plans to fund programs and activities that address these barriers during the 2026 program year.
The city uses social media and a city newsletter to reach out to first time homebuyers and current
homeowners to advertise the First Time Homebuyer and Housing Rehab programs. By using the
newsletter, Facebook, email and the city's webpage HCS was able to educate the public on the programs
the city offers and increase the number of residents who participate in these programs.
6. Summary of comments or views not accepted and the reasons for not accepting them
No comments were received or rejected by the city of Eden Prairie during the public hearing or during
the public comment period.
7. Summary
In summary, the City continues to serve as many low/moderate income households as possible. The city
believes that its citizen participation plan as well as input from public service providers enables it
to administer CDBG funds efficiently and to meet the needs of its residents.
The activities to be undertaken during the 2026 fiscal year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2026 Annual Action
Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of
each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator EDEN PRAIRIE Community Development
Table 1 – Responsible Agencies
Narrative
The City of Eden Prairie is a CDBG entitlement community. Eden Prairie is also a member of the HOME consortium of suburban Hennepin
County. Therefore, the County serves as the lead agency in the overall development and submittal of the Consortium Consolidated Plan and
Annual Action Plans for participating jurisdictions, including CDBG grantees.
Consolidated Plan Public Contact Information
City of Eden Prairie
Office of Housing and Community Services
8080 Mitchell Rd
Eden Prairie, MN 55344
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
1. Introduction
Hennepin County leads the coordination of the Consolidated Plan and Action Plans. Eden Prairie creates
the portion of the plan specific to their city and is part of the Hennepin County Consortium Consolidated
Plan. Eden Prairie is responsible for the development of annual plans and reports for their CDBG
program. The Consolidated Plan and Action Plan is written in accordance with HUD guidelines regarding
data requirements and the types of goals by income group and population.
City staff consulted with a variety of organizations in the development of the Action Plan, as described
below and in the Citizen Participation section. In addition to resident and community partner
consultations, the city assessed the current state of housing and community development needs.
The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and
Community Services, Community Development, Parks and Rec, Police, Fire and Inspections. This
committee meets weekly to review proposals for new development and projects. This group works
directly with developers, non-profit agencies and other governmental agencies and transit authorities to
ensure that all perspectives are considered throughout the review process.
The city consults and works closely with the Fair Housing Implementation Council to identify and
address fair housing needs throughout the metro area. The Fair Housing Policy calls on City staff to
spread awareness on what the protected classes are and what constitutes a fair housing violation. The
City’s Fair Housing designee routinely takes calls from potential complainants, making appropriate
referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to
rectify landlord / tenant issues. On September 21, 2022, the regional Fair Housing Implementation
Council (FHIC) issued a request for proposals (RFP) containing eligible fair housing activities from any
qualified agency, nonprofit or community organization. The proposed activities addressed at least one
or both of the following fair housing goals as listed in the 2020 Analysis of Impediments to Fair Housing
Choice: Goal 3: Support homeownership for households of color or Goal 6: Ensure equal access to
housing for persons with protected characteristics, lower-income, and homeless.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l)).
The City deploys CDBG funds, pooled TIF funds, state grants, and general funds to coordinate services
with a host of agencies serving households at a variety of low-and moderate-income levels. The City
supports organizations dedicated toward people with mental or other health issues, either as adjunct
support services in a general occupancy facility such as Trail Pointe Ridge, a development with 13
units dedicated for the long-term homeless and households with a disabled member, and through
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dedicated facilities specially designed to serve a special population. Among recent efforts is a
partnership with People Reaching Out to People (PROP), a longstanding non-profit partner providing
wraparound services, and Relate, a mental health services provider, to assist low-and moderate-income
residents with comprehensive support services including rental assistance, counseling and
support. Awards have also been made to the YMCA and Eden Prairie schools to support youth in the
community through skills- and life-enhancing activities, and to Senior Community Services to help senior
residents stay in their homes by providing low- or no-cost repairs around the home. Recently, City staff
have been invited to join the Eden Prairie Family Services Collaborative that supports local service
agencies in the community through grants and microgrants. Finally, the City operates a Property
Managers Collaborative that aims to share knowledge between building managers and owners and the
City, with several of its departments including regular updates from Police and Fire as to what’s
happening in the community, best practices, and tenant rights and responsibilities.
Every year, the City of Eden Prairie provides grant funding, through CDBG and the General Fund, to
community service agencies to provide services to seniors, individuals, children and
families. Coordination of the grants takes place within the City’s Housing and Community Services (HCS)
division. Many of these services are provided on-site to residents living in the three Section 8 project-
based housing developments in Eden Prairie. These housing developments are Briarhill, Prairie
Meadows and Edendale Retirement Residence. HCS staff coordinate outreach strategies with the local
emergency service provider, PROP, to property managers to ensure they are aware of the programs
and services that are available to the tenants living in their buildings. The city uses general funds to
support a YMCA program at Briarhill to increase access to food and community resources as well as
educational supports for students. The city is working with Edendale to provide food access as well as
providing updates on access to resources. Eden Prairie is collaborating with Onward Eden Prairie to
provide housing to youth who are experiencing homelessness. The program offers supportive housing
with supervision and case management to help young people get the education and job skills to lift
them out of poverty.
HCS assists residents interested in applying for the wait list for the Housing Choice Voucher program if
waiting lists are opened. When the City receives calls from community members regarding section 8
housing opportunities in Eden Prairie, staff provide information, referrals and connection to service
agencies that are designed to fit their particular needs. Assistance is available in English, Spanish,
Hmong and Somali. HCS staff assists residents with available resources, employment services and
unemployment applications.
Finally, the City also works with various public agencies including other cities, Hennepin County, and
state agencies. This collaboration allows the City to find out more about what these organizations are
experiencing in the community which helps the City prepare for future needs.
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Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Minneapolis/Hennepin County Continuum of Care (CoC) & Hennepin’s Housing Stability department
convene CoC members around specific target populations and intervention types to coordinate and
develop new collective strategies to make homelessness rare, brief and non-recurring. The CoC’s Lived
Experience Advisory Group (LEAG) and Youth Action Board (YAB) bring together people with lived
experience of homelessness to weigh in on strategies. The CoC's Executive Committee supports these
strategies, and the Funding Committee evaluates existing and proposed projects for service and
reallocates funds to meet emerging needs. Both LEAG and YAB participate in funding decisions relating
to Federal, State and County funds and hiring decisions within Hennepin County’s Housing Stability Area.
All homeless designated housing programs that receive public funding are required to fill all vacancies
through the Coordinated Entry System (CES). The CES system prioritizes veterans, chronically homeless
persons and families, people with disabilities and those who have the longest histories of homelessness
and medical fragilities. The process also assesses household preferences, including preferences for
culturally specific services, to support the best match between person and program.
Hennepin County has very few homeless families that meet the HUD definition of chronic homelessness
due to successes of our system. During the pandemic, the County saw significant fluctuation in family
shelter demand. In response, Hennepin County has expanded family shelter capacity, created a new
team of housing focused case workers for families and invested in a ‘surge’ of additional rapid rehousing
in response to these pressures.
For single adults, Housing Stability has developed a by-name list of those who meet requirements of
chronic homeless status. Since June 2017, when this approach began, over 1,600 chronically homeless
people – with an average experience of four years homelessness each – were housed with a 93%
retention rate. Hennepin County has been selected to participate in the Big City Last Mile project with
Community Solutions Built for Zero, recognizing and amplifying local progress in addressing chronic
homelessness.
The State of Minnesota adopted a by-name registry for veterans and Hennepin County CoC actively
participates in registry meetings and a by-name approach. Since the beginning of the registry, 1,487
veterans have been stably housed in Hennepin (as of December 2023). Outreach is provided at several
strategic locations and mobile programs, the Minnesota Department of Veterans Affairs funds three
housing focused social workers at Hennepin County to focus solely on housing homeless veterans, and
CES includes an accelerated prioritization process for veterans with no other resources. Due to these
efforts, in 2024, Hennepin County was able to declare achieving functional zero for veteran
homelessness.
The youth-specific crisis response system in Hennepin CoC consists of multiple access points (crisis line,
website and mobile app, drop-in centers, and street and school outreach), prevention services, youth-
specific Emergency Shelter beds, Rapid ReHousing / Transitional Housing beds, Host Homes and
Permanent Supportive Housing units. HUD selected Hennepin County as a youth Homeless
Demonstration Program site in2021 to leverage an additional $3.5m in HUD Continuum of Care funding
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over a two-year period in support of the vision and goals developed with leadership from our Youth
Action Board.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
Eden Prairie does not receive ESG funds.
2. Agencies, groups, organizations and others who participated in the process and
consultations
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization City of Eden Prairie
Agency/Group/Organization Type Housing
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Services - Broadband Internet Service Providers
Services - Narrowing the Digital Divide
Agency - Managing Flood Prone Areas
Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - Local
Regional organization
Planning organization
Business and Civic Leaders
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Broadband and emergency management
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
City staff from a variety of departments work on issues related to housing, safety,
senior and community needs. Staff consulted with Planning, Communications
and IT departments to determine the Broadband needs of low/mod income Eden
Prairie residents along with steps being taken to address these needs. Fire was
consulted in regards to the Emergency Management Plan within the city. This
plan protects the city by coordinating and integrating all activities to build,
sustain, and improve capabilities to prevent, mitigate, prepare for, respond to
and recover from threatened or actual natural disasters, fires, flooding, acts of
terrorism or other man-made disasters.
2 Agency/Group/Organization Senior Community Services (SCS)
Agency/Group/Organization Type Housing
Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
To determine needs for low-and moderate-income seniors living in Eden Prairie,
the city consults with Senior Community Services.
3 Agency/Group/Organization People Reaching out to Other People
Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-homeless
Services-Health
Services-Education
Services-Employment
Services - Victims
Business Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The city consulted PROP to help with planning the best way to use CDBG funds to
prevent homelessness and fill the gaps in other service related needs. The city
relies heavily on PROP's expertise on the anticipated needs of Eden Prairie
residents and therefore hold quarterly meetings to hear and address these
needs.
4 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST
Agency/Group/Organization Type Housing
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Housing and Community Services consulted with WHAHLT to determine the need
for affordable housing and the availability of housing in the city. Increasing
affordable housing options in Eden Prairie is a high priority for the city and
working with WHAHLT is a way to attain this goal.
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5 Agency/Group/Organization HENNEPIN COUNTY
Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - Federal
Other government - State
Other government - County
Regional organization
Civic Leaders
Business and Civic Leaders
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Market Analysis
Lead-based Paint Strategy
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie relies on staff from Hennepin county for updates on market
conditions, housing and community needs, gaps in service, and
recommendations for priorities as well as HOME application reviews. The city
consults Hennepin County regarding lead based paint strategies, grants and
testing.
6 Agency/Group/Organization Office to End Homelessness
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Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - Federal
Other government - County
Other government - Local
Regional organization
Planning organization
Business and Civic Leaders
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The Office to End Homelessness was consulted in the development of the
consolidated plan and continues throughout the plan.
7 Agency/Group/Organization Metropolitan Fair Housing Implementation Council
Agency/Group/Organization Type Service-Fair Housing
Other government - County
Other government - Local
Regional organization
Civic Leaders
What section of the Plan was addressed by
Consultation?
Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The city consults and works closely with the Fair Housing Implementation Council
to identify and address fair housing needs throughout the metro area.
Annual Action Plan
2026
19
OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Agency/Group/Organization City of Plymouth
Agency/Group/Organization Type Housing
Services - Housing
Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consults with Plymouth staff regularly to discuss community
development and housing needs. Consultation will help develop Priority Needs
and Goals.
9 Agency/Group/Organization City of Bloomington
Agency/Group/Organization Type Housing
Services - Housing
Other government - Local
What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consults with Bloomington staff regularly to discuss community
development and housing needs. Consultation will help develop Priority Needs
and Goals.
Annual Action Plan
2026
20
OMB Control No: 2506-0117 (exp. 09/30/2021)
10 Agency/Group/Organization METROPOLITAN COUNCIL HOUSING & REDEVELOPMENT AUTHORITY
Agency/Group/Organization Type Housing
PHA
Other government - State
Regional organization
Planning organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Market Analysis
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
Eden Prairie consulted with the Met Council regarding economic/community
development and affordable housing needs including coordination with the Met
Council to apply for affordable housing grants.
Identify any Agency Types not consulted and provide rationale for not consulting
All agencies listed above were consulted.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Hennepin
County
The Eden Prairie CDBG Action Plan identified homeless prevention activities as important goals. This
includes direct homeless prevention housing assistance as well as affordable housing programs.
Aspire 2040 City of Eden
Prairie
Aspire 2040 lays out development of the city for the next 15 years. It also identifies affordable housing
efforts within the city, which may be impacted by the city's CDBG efforts.
Annual Action Plan
2026
21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Housing Task
Force
City of Eden
Prairie
Using Aspire 2040 and the City's Action Plan as guides, the twelve member, city council appointed, Task
Force addressed key goals and strategies including affordable housing options, affordable housing trust
funds, NOAH preservation, tenant protection ordinances, strategies to support seniors, development
along transit lines, and a number of other policy and strategic recommendations.
Metropolitan
Council
Metropolitan
Council
The Eden Prairie CDBG Action Plan has overlap with the Housing Policy Plan. Both plans identify priorities
related to maintaining existing affordable housing stock and providing a mix of affordable housing options
for households of all life stages and economic means.
Table 3 - Other local / regional / federal planning efforts
Narrative
The City of Eden Prairie works closely with the Hennepin County Consortium in setting the priorities, citizen participation and the fair housing
strategic plan for the five year span. The Consortium includes Hennepin County and several units of local government, including Bloomington,
Plymouth and Eden Prairie. Staff representing each member of the Consortium meet to coordinate the creation and implementation of the
Consolidated Plan, and to share outcomes from each of the cities' housing and economic development programs. The Eden Prairie CDBG
program attempts to address the widest range of needs possible despite limited resources. The Action Plan identifies a variety of goals to
promote housing affordability, provide suitable and well-maintained housing and accessibility to needed social services for low-and moderate-
income Eden Prairie households.
Annual Action Plan
2024
22
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
Eden Prairie encourages the participation of citizens, community groups and other interested agencies in the planning process. The citizen
participation process is designed to encourage all residents to participate. The citizen participation process impacted goal setting by giving the
city a clear vision of where funds would be best allocated to meet the greatest needs in the community. The city plans to use focus groups and
community meetings for future planning.
The Eden Prairie city council holds Townhall meetings and other community events throughout the year to engage residents and receive
feedback as to community needs and priorities. A community meeting was held on August 14, 2025 to allow the city council and directors to
reach out to the community. HCS staff participate in the bimonthly meetings of the Community Engagement Impact Council (CEIC). These
meetings are attended by city and school staff, local non-profits and community members. At these meetings, the CEIC provides information
regarding important resources available to community members. There is also time available during the meetings for community questions and
feedback. Meetings were held on January 8, 2025, March 12, 2025, May 14, 2025, July 9, 2025, September 10, 2025, and November 12, 2025.
HCS staff hold quarterly meetings with PROP (local nonprofit) to determine needs and resources affecting Eden Prairie residents. In 2025
meetings were held on April 2, July 9 and October 1, to discuss priority needs for the CDBG plan. City staff led thew property Managers
Collaborative meetings on February 19, May 21, August 20 and November 19, to obtain recommendations or comments regarding resident
needs and priorities for Eden Prairie. This information is used by the city to determine priorities and how the limited amount of CDBG funds may
be used to achieve the greatest impact in Eden Prairie. Feedback from the aforementioned events solidified the city’s priorities of affordable
housing, homeless prevention, senior services and transportation. These programs address the concerns and needs of Eden Prairie residents.
The Eden Prairie Family Services Collaborative hired consultants to perform a community needs assessment for 2026 to inquire about service
gaps in hard-to-reach Eden Prairie communities. The consultants reached out to community leaders to set up focus groups for five identified
hard-to-reach communities. In addition to the focus groups, the consultants will send out surveys to identified community members to share
their service gaps in Eden Prairie. In 2025, the Eden Prairie Family Services Collaborative meets monthly. The meetings dates were on February
27, 2025, March 20, 2025, April 17, 2025, June 26, 2025, July 17, 2025, August 21, 2025, September 3, 2025, October 7, 2025, and November 20,
2025.
Annual Action Plan
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23
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Human Rights and Diversity Commission held a community conversation on July 30, 2025 which invited community members to share their
personal and professional experiences with the community and ways to make Eden Prairie a more welcoming community. The feedback from
this community conversation has helped the HRDC with guiding their work for 2026.
City staff along with key community members such as local nonprofits, faith leaders, county programming staff, and the school district have
joined to create an Eden Prairie Housing Supports Coalition to discuss housing needs and community resources in Eden Prairie. The coalition first
met on April 24, 2025, and will continue to meet in 2026. The goal of this coalition is to work together to generate fresh ideas and strengthen
housing support for families in our community, invite relevant people or organizations to the work group, and hear about concerns our
community is facing.
Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. An ad was placed
in the Sun Sailor on November 13, 2024, requesting proposals for CDBG public service grants. Through this process, the City engages with social
service providers, the faith community and school district staff to learn about the needs in the community. The city solicited public comments
from February 13 to March 16, 2026. This thirty-day comment period was published in the Sun Sailor on February 12, 2026, and in the city
weekly manager’s report. The goal was to solicit comments from the public regarding the plan. The plan was available for review upon request,
on the city’s website and a copy of the plan was available at Eden Prairie City Center and Eden Prairie library. No comments were received during
the citizen participation process. Any resulting changes to Plan goals would be made in accordance with the procedures outlined in Eden Prairie's
Citizen Participation Plan. The Eden Prairie city council held a public hearing on April 7, 2026, to adopt the funding resolution and approve
the city’s 2026 Annual Action Plan. After the city’s public hearing, Hennepin County held a 30 day public comment period from March 23, 2026 –
April 22, 2026 for the Consortium’s 2026 Annual Action Plan. Hennepin County’s public hearing was held on April 29, 2026, and no comments
were received regarding Eden Prairie’s plan.
Annual Action Plan
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24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Public Hearing
Non-
targeted/broa
d community
Attendance by
three CDBG
grantees
Comments
made by the
three grantees
were related to
providing
information
about the
organization
and thanking
the city council
for their
support.
N/A
2 Internet
Outreach
Non-
targeted/broa
d community
N/A No comments
received N/A
http://www.edenprairie.org/city-
government/departments/communi
ty-development/housing-and-
community-services
3 Newspaper Ad
Non-
targeted/broa
d community
N/A No comments
received N/A
4 City Manager
Friday Report
Non-
targeted/broa
d community
N/A No comments
received N/A
https://www.edenprairie.org/city-
government/departments/administr
ation/city-manager/friday-reports
Table 4 – Citizen Participation Outreach
Annual Action Plan
2024
25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
During the 2026 program year, the city anticipates receiving its annual allocation of $250,000 along with $60,000 in program income for a
total available funding amount of $310,000.
Anticipated Resources
Program Source of
Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder of ConPlan
$
Narrative Description
Annual Allocation:
$
Program Income:
$
Prior Year Resources:
$
Total: $
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 250,000 60,000 0 310,000
In 2026, the city anticipates an
allocation amount of $250,000 along
with $60,000 in program income for a
total available amount of $310,000.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
Annual Action Plan
2024
26
OMB Control No: 2506-0117 (exp. 09/30/2021)
When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds. If lead is found during the PIRA inspection, the homeowner will work with Hennepin County to pursue additional
grant funding they may be eligible to receive.
Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
During the 2026 program year, the city anticipates receiving its annual allocation of $250,000 along with $60,000 in program income for a
total available funding amount of $310,000.
If available, the city will use excess prior year entitlement funds or program income for administration, public services, affordable housing and
rehabilitation projects.
Annual Action Plan
2024
27
OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Homeowner
Rehabilitation
2025 2029 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$78,000
Homeowner Housing
Rehabilitated: 4 Household
Housing Unit
2 Rehab Grants 2025 2029 Non-Homeless
Special Needs
Citywide Rehab Grants CDBG:
$5,000
Facade treatment/business
building rehabilitation: 1 Business
3 Direct
Homebuyer
Assistance
2025 2029 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$35,000
Homeowner Housing Added: 1
Household Housing Unit
4 Acquisition 2025 2029 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$80,000
Homeowner Housing Added: 2
Household Housing Unit
5 Senior Services 2025 2029 Non-Homeless
Special Needs
Non-Housing
Community
Development
Senior Public
Service
Citywide Education, Outreach
and Services
CDBG:
$15,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 50 Persons
Assisted
Annual Action Plan
2024
28
OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
6 Public Services 2025 2029 Non-Homeless
Special Needs
Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$35,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 6 Persons
Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 11 Households Assisted
7 Fair Housing 2025 2029 Fair Housing Citywide Fair Housing CDBG:
$2,000
Other: 1 Other
8 Administration 2025 2029 Administration Citywide Administration CDBG:
$50,000
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Homeowner Rehabilitation
Goal
Description
The City of Eden Prairie expects to rehabilitate three owner-occupied homes through the Housing Rehabilitation Loan
Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000,
depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment.
The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants
qualify based on their household income being at or below 80% of the Area Median Income (AMI) and the amount of
equity in their home. An emergency rehab grant program will also be available for seniors to make emergency repairs to
their homes. It is expected that one emergency grant will be made.
Annual Action Plan
2024
29
OMB Control No: 2506-0117 (exp. 09/30/2021)
2 Goal Name Rehab Grants
Goal
Description
Provide rehabilitation grants to non-profits that serve low-and moderate-income Eden Prairie residents to update their
facilities.
3 Goal Name Direct Homebuyer Assistance
Goal
Description
Create single family homeownership though the First Time Homebuyer program.
The city assists low-and moderate-income first-time homebuyers through a down payment assistance program. The city
expects to provide one First Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to
$35,000 that provides up to 50% of the required down payment, pays reasonable closing costs and provides principal
write down assistance. Loan amounts are dependent on availability of program income funds.
4 Goal Name Acquisition
Goal
Description
CDBG funds are used for the acquisition of affordable properties by West Hennepin Affordable Housing Land Trust
(WHAHLT) and then sold to low-and moderate-income eligible buyers. WHAHLT retains ownership of the land on which
the home sits, thereby assuring that it will remain an affordable property for a term of 99 years.
5 Goal Name Senior Services
Goal
Description
Assistance to low-and moderate-income Eden Prairie seniors with interior and exterior home maintenance (such as yard
work, snow removal, and minor repairs) and in-home technology support to help seniors remain in their homes with
dignity and safety.
6 Goal Name Public Services
Goal
Description
Provide assistance to low-and moderate-income Eden Prairie households in danger of becoming homeless that need
emergency assistance for housing costs (rent/mortgage). Provide emergency transportation assistance to low-and
moderate-income Eden Prairie residents through the Emergency Vehicle Repair program.
7 Goal Name Fair Housing
Goal
Description
Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal
Aid. Funds are provided to Dakota County CDA for implementation of the Fair Housing activity.
Annual Action Plan
2024
30
OMB Control No: 2506-0117 (exp. 09/30/2021)
8 Goal Name Administration
Goal
Description
The program administration funds will be used to coordinate the CDBG Program for the city of Eden Prairie.
Annual Action Plan
2024
31
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-35 Projects - 91.420, 91.220(d)
Introduction
As determined at the April 7, 2026 public hearing, and adopted by Eden Prairie City Council Resolution
No. 2026-, the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer
assistance, public services, fair housing and program administration.
# Project Name
1 Housing Rehabilitation
2 Affordable Housing
3 Family Public Services
4 Senior Services
5 Rehab Grants
6 Fair Housing
7 Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocation priorities above were established based on the priorities and needs identified in the 2026-
2029 Consolidated Plan.
At a public hearing held by the Eden Prairie City Council on April 7, 2026, and through Eden
Prairie Resolution No. 2026-, the city has allocated its 2026 CDBG funds. The focus of the allocation
continues to be on housing rehabilitation and affordable housing initiatives.
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those in need of assistance. The City will continue to be in contact with these
agencies to learn about the need in the community and how the City can help meet these needs.
Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs,
including services for low-and moderate-income seniors, individuals and families. The city also
participates in fair housing activities, housing rehabilitation and affordable housing programs. The city
works with public, private, nonprofit and private industry partners to accomplish its community
development goals using CDBG and other funding sources. In an effort to further the city's efforts in
assisting low-and moderate-income households, the following are additional actions in which the city
provides or participates in.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs the city funds, both with general funds and CDBG
funds, which promote self-sufficiency. Funded public service programs such as the vehicle
Annual Action Plan
2024
32
OMB Control No: 2506-0117 (exp. 09/30/2021)
repair program, the emergency housing assistance program, Meals on Wheels, and the HOME program
have the common theme of helping people become or remain self sufficient. Helping people become or
remain self-sufficient will reduce the likelihood that they will fall below the poverty line.
An obstacle to meeting home ownership needs has been a lack of affordable housing for potential
homebuyers in its First Time Homebuyer Program. Due to the current housing market in the area, the
City has encountered a lack of available housing in the price range that is within reach of young families
and individuals who qualify for mortgages in the range of $300,000 - $400,000. The rising interest rates
and lack of single family homes has become a barrier to first time homebuyers looking to purchase a
home in Eden Prairie using the First Time Homebuyer Program. Eden Prairie has increased the First Time
Homebuyer loan amount to $35,000 to help make homes more affordable to low-mod income buyers.
This is an increase of $10,000 from the $25,000 loan amount committed in the 2025-2029 Con Plan.
Because this change is less than the $100,000 stated in the City’s Citizen Participation Plan, no
substantial amendment is required, and it is seen as a revision to the activity. A lack of affordable
housing stock on the market has also been a barrier to WHAHLT securing affordable properties in Eden
Prairie. WHAHLT has secured additional funding through a Met Council grant to purchase two single
family homes in Eden Prairie.
Annual Action Plan
2024
33
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
Annual Action Plan
2024
34
OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Project Name Housing Rehabilitation
Target Area Citywide
Goals Supported Homeowner Rehabilitation
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $78,000
Description Housing rehabilitation including energy efficiency repairs for low-and
moderate-income Eden Prairie homeowners. The rehabilitation loan
program provides up to $30,000, depending on availability of funds, for
eligible repairs through an interest free, deferred loan that is forgiven
after twenty years. These loans are offered in an effort to help maintain
the condition of housing and neighborhoods in Eden Prairie. An
emergency rehab grant program will also be available for seniors to
receive grants up to $7,500 to make emergency repairs which to their
homes
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Housing Rehab Program - three low-and moderate-income Eden Prairie
households
Emergency Repair Program - one low-and moderate-income Eden
Prairie senior households
Location Description This program is available citywide to low-and moderate-income
households.
Planned Activities Housing Rehabilitation
2 Project Name Affordable Housing
Target Area Citywide
Goals Supported Direct Homebuyer Assistance
Acquisition
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $115,000
Annual Action Plan
2024
35
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description Funding for down payment assistance for low-and moderate-income
first time home buyers. The Eden Prairie First Time Homebuyer Program
offers a zero interest, deferred loan up to $35,000 with the city of Eden
Prairie holding a second mortgage on the property. The deferred loan
helps first time homebuyers offset the cost of purchasing a home by
providing assistance with down payment, closing costs, and mortgage
principal reduction. Repayment of the loan is required when the home
is sold or no longer homesteaded within the first 30 years. After 30
years, the loan becomes due and payable. CDBG funds are used for
acquisition of an affordable property by West Hennepin Affordable
Housing Land Trust (WHAHLT) and then sold to a low-and moderate-
income eligible buyer. WHAHLT retains ownership of the property on
which the home sits, thereby assuring that it will remain an affordable
property for a term of 99 years.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
First Time Homebuyer Program - One low-and moderate-income
household
Acquisition - Two low-and moderate-income household.
Location Description This program is available citywide to low-and moderate-income
households.
Planned Activities First time homebuyer down payment assistance for one low-and
moderate-income household.
WHAHLT - affordable housing acquisition to be sold to three low-and
moderate-income first time homebuyers.
3 Project Name Family Public Services
Target Area Citywide
Goals Supported Public Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $35,000
Annual Action Plan
2024
36
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description The Homeless Prevention program provides one to three months of
emergency mortgage and rent payments for low-and moderate-income
Eden Prairie families facing a housing crisis. The goal of the program is
to prevent homelessness and to stabilize families in their homes and
alleviate a financial crisis. The Car Repair program helps low-and
moderate-income Eden Prairie residents maintain self sufficiency by
assisting with the costs of repairs to their vehicles. This enables
residents to maintain their transportation and continue working.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Emergency Housing - 11 low-and moderate-income households
Emergency Car Repair - 6 low-and moderate-income households
Location Description These programs are available citywide to low-and moderate-income
households.
Planned Activities Emergency rent/mortgage assistance, emergency car repair assistance
4 Project Name Senior Services
Target Area Citywide
Goals Supported Senior Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $15,000
Description Senior Community Services helps maintain independence for elders and
avoid premature nursing home placement by providing low-and
moderate-income older adults with high-quality chore and home
maintenance services delivered by trusted professionals and
community volunteers. HOME services are provided on a sliding-fee
scale at an affordable cost, and include: 1) Housekeeping: housework
that is often difficult for older adults to safely perform such as cleaning,
laundry and grocery shopping. 2) Outdoor: snow shoveling and de-icing,
grass cutting and leaf raking, helping to prevent winter senior falls. 3)
Handyperson: changes furnace filters, install winter weatherization, and
make plumbing, carpentry and electrical repairs. 4) Home Safety: safety
assessments and make improvements, such as grab bars and improved
lighting, and reduce tripping hazards. 5) Painting: interior and exterior
painting. 6) Technology Support
Target Date 6/30/2026
Annual Action Plan
2024
37
OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
50 low-and moderate-income seniors will receive chore service benefits
Location Description This program is available citywide to low-and moderate-income senior
households.
Planned Activities Provide maintenance, technology and chore assistance to low-and
moderate-income Eden Prairie senior households.
5 Project Name Rehab Grants
Target Area Citywide
Goals Supported Rehab Grants
Needs Addressed Rehab Grants
Funding CDBG: $5,000
Description Provide one rehab grant to a non-profit who serves low-and moderate-
income Eden Prairie residents to make needed repairs to their facilities.
Grants will be provided as needed if additional program income funds
are available.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Provide one rehab grant to a non-profit who serves low-and moderate-
income Eden Prairie residents to make needed repairs to their facilities.
Grants will be provided as needed if additional program income funds
are available.
Location Description This project is available citywide to non-profits that serve low-and
moderate-income Eden Prairie residents
Planned Activities Provide grants to non-profits that serve low-and moderate-income
Eden Prairie residents for rehabilitation of facilities
6 Project Name Fair Housing
Target Area Citywide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $2,000
Annual Action Plan
2024
38
OMB Control No: 2506-0117 (exp. 09/30/2021)
Description The City is an active member of the Fair Housing Implementation
Council (FHIC), a coalition comprised of the counties of Anoka, Dakota,
Hennepin, Ramsey and Washington; the Metro HRA (Metropolitan
Council); the Community Development Agencies of Scott and Carver
counties; and the cities of Bloomington, Eden Prairie, Minneapolis,
Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury. A
second coalition, the Fair Housing Advisory Committee (FHAC), was
formed to incorporate feedback from the community and a HUD
technical services provider to inform and improve the regional Analysis
of Impediments. The scope of work includes both informing those most
likely to experience discrimination of their fair housing rights, and also
connecting them with government decision-makers to address barriers
to fair housing.
Target Date 6/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Low/mod income Eden Prairie residents will benefit from the Fair
Housing Implementation Council's (FHIC) work to identify and eliminate
barriers to Fair Housing. The FHIC's work includes outreach, education
and enforcement activities. This work is not measured in number of
people served, but is designed to help as many people as possible
experience a better quality of life.
Location Description Citywide
Planned Activities The city of Eden Prairie will participate in and help to fund fair housing
activities through the Fair Housing Implementation Council, which
provides support for fair housing activities. Activities include education
for property managers, staff training community outreach and referral
to Legal Aid. Funds are provided to Hennepin County for
implementation of the fair housing activity.
7 Project Name Administration
Target Area Citywide
Goals Supported Administration
Needs Addressed Administration
Funding CDBG: $60,000
Description Implement and coordinate the CDBG program for Eden Prairie
Target Date 6/30/2026
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Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description Citywide
Planned Activities Implement and coordinate the CDBG program for Eden Prairie
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
All programs will be provided on a city-wide basis and will be directed to low-and moderate-income
Eden Prairie residents whose household income is at or below 80% AMI.
Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Because there are no concentrations of poverty or other significant factors, all programs are available
city-wide.
Discussion
The city will continue its policy of making programs available citywide to low/mod income Eden Prairie
residents.
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Annual Action Plan
2024
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AP-75 Barriers to affordable housing -91.420, 91.220(j)
Introduction
The city of Eden Prairie strives to assist residents with affordable housing. This is accomplished through CDBG funded programs including
Housing Rehabilitation, First Time Homebuyer and WHAHLT. Public service providers also assist residents with affordable housing through
homeless prevention, car repair and maintenance chore services for seniors.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such
as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
Eden Prairie uses many strategies to remove barriers to affordable housing. By using the community land trust model, these properties remain
affordable for 99 years. The City uses Tax Increment Financing (TIF) and other tools to help incentivize developers to build multi-family
developments in Eden Prairie. City policy requires developers who receive public TIF financing to set aside 20% of the units as affordable at the
50% Area Median Income (AMI). Most notably, the City’s new inclusionary housing ordinance requires affordability regardless of any special
barriers. Eden Prairie is the only regional municipality to require its inclusionary units to remain affordable in perpetuity rather than timing out in
15, 20, or 30 years. The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable
and structurally sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make
the repairs which are necessary to stay in their homes.
The City of Eden Prairie allocates general funds for public service programs. These programs support people who are currently homeless, facing
homelessness or have other special needs.
Discussion
Eden Prairie will continue to support existing programs that remove barriers to affordable housing as well as participate in regional
opportunities to address affordable housing issues. The city will continue its policy of making housing affordable citywide.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs,
including services for seniors, youth and families. The city also participates in fair housing activities,
housing rehabilitation and affordable housing programs. The city works with public, private, non-profit
and private industry partners to accomplish its community development goals using CDBG and other
funding sources. In an effort to further the city's efforts in assisting low and moderate income
households, the following are additional actions in which the city provides or participates in.
Actions planned to address obstacles to meeting underserved needs
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those in need of assistance. The City will continue to be in contact with these
agencies to learn about the need in the community and how the City can help meet these needs.
Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs,
including services for low-and moderate-income seniors, individuals and families. The city also
participates in fair housing activities, housing rehabilitation and affordable housing programs. The city
works with public, private, nonprofit and private industry partners to accomplish its community
development goals using CDBG and other funding sources. In an effort to further the city's efforts in
assisting low-and moderate-income households, the following are additional actions in which the city
provides or participates in.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs the city funds, both with general funds and CDBG
funds, which promote self-sufficiency. Funded public service programs such as the vehicle
repair program, the emergency housing assistance program, Meals on Wheels, and the HOME program
have the common theme of helping people become or remain self sufficient. Helping people become or
remain self-sufficient will reduce the likelihood that they will fall below the poverty line.
An obstacle to meeting home ownership needs has been a lack of affordable housing for potential
homebuyers in its First Time Homebuyer Program. Due to the current housing market in the area, the
City has encountered a lack of available housing in the price range that is within reach of young families
and individuals who qualify for mortgages in the range of $300,000 - $400,000. The rising interest rates
and lack of single family homes has become a barrier to first time homebuyers looking to purchase a
home in Eden Prairie using the First Time Homebuyer Program. A lack of affordable housing stock on the
market has also been a barrier to WHAHLT securing affordable properties in Eden Prairie. WHAHLT has
secured additional funding through a Met Council grant to purchase two single family homes in Eden
Annual Action Plan
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Prairie.
Actions planned to foster and maintain affordable housing
The City, at the Council’s direction, sponsored a Housing Task Force several years ago charged with
presenting a range of program and policy options to City leadership. The diverse members tackled a
range of policy areas and presented its findings to the City Council. Representing a wide range of
disciplines the Task Force made recommendations on several items, including formalizing an
inclusionary policy (now a functional local ordinance requiring affordability contributions in near all new
multifamily housing developments), creating a local housing trust fund (LHTF) that we’ll soon be seeking
MHFA grant match on, developing an inventory and strategies for preservation of NOAH properties
(complete), and recently passed a tenant protection ordinance. This last item, as well as ongoing
participation in the regional Fair Housing Implementation Council aim to protect and empower residents
in seeking affordable housing.
The City will continue to identify obstacles, such as lack of affordable housing, to address unmet and
underserved community needs and support the goals established in the Aspire 2040 Consolidated Plan
that benefit residents throughout the life cycle. The City’s approach to meeting these affordable
housing needs includes, as one example, assisting renters in purchasing homes by providing down
payment and closing cost assistance combined with counseling and education to low-and moderate-
income families. The City also works to preserve and expand the supply of decent, safe, and affordable
housing, by providing financial assistance for rehabilitation and repair of owner-occupied units to low-
and moderate-income families. In addition, the City works closely with the West Hennepin Affordable
Housing Land Trust (aka Homes Within Reach) to bring homeownership within reach for lower-income
households. The city is currently partnering with WHAHLT (DBA Homes Within Reach) to expend a grant
of $28,677 grant from the Metropolitan Council to further these efforts.
The City also continues to pursue affordable housing development opportunities primarily through the
use of tax increment financing (TIF) and its inclusionary housing ordinance. While TIF is a commonly
used tool in multifamily developments in the City, a substantial reserve of flexible ‘pooled TIF’ dollars
have been slated for use for preserving NOAH properties, development around one of the four new
transit stations to be built in conjunction with expansion of the green line light rail transit line which
terminates with four stops in Eden Prairie, any multifamily infill projects that come in and match city
goals.
While the City’s preference is to mix incomes in developments, mostly or fully affordable properties are
seen as especially worthwhile to pursue in LRT station areas due to the array of services that tend to
cluster when these areas develop. While development interest overall has slowed some with rising
interest rates and the current inflationary environment, construction is nearing completion of the 425-
unit The Fox & the Grouse development in the Golden Triangle station area. Each of these TIF-funded
developments will for 26 years be 20% affordable to households at or below 50% of the area median
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
income, and additionally will feature 5% affordable to households at or below 80% of the area median in
perpetuity. Eden Prairie is the only regional city to formally require affordability in perpetuity. We also
apply our Inclusionary Ordinance on projects where the city provided no money, such as Suite Living and
Baker Road Assisted Living, memory care and assisted living facilities to serve our seniors.
Actions planned to reduce lead-based paint hazards
Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass, the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines. If lead is found in the home and children are
present, the city will work with the county to help the family apply for county grants in order to address
the lead hazards. These grants will provide for temporary housing of the family while the work is being
performed as well as paying for a portion of the lead abatement work. Once the home has passed a
clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer
and there are not many households that participate in the housing rehabilitation program that are built
prior to 1978.
Actions planned to reduce the number of poverty-level families
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families
• Collaborate with and fund service agencies in the community that assist families toward self-
sufficiency.
• Partner with nonprofits to offer financial management and budgeting classes for residents,
particularly who have accessed financial support in the past.
• Employment program to assist poverty level adults in finding jobs, particularly residents who
have barriers with technology.
• Provide assistance to help poverty level families find affordable housing.
• Participate in the Open to Business program to help families start their own small businesses.
• Raise the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
• Educate the broader population about the needs of poverty level families in the community and
hold collaborating events to work together to meet these needs and assist families in becoming
self-sufficient.
Actions planned to develop institutional structure
The city of Eden Prairie is already working with many of the public service agencies that serve the
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
community. These agencies receive general fund grants from the city as well as CDBG grants. The
organizations work together as part of a larger, broad-based effort. Since these relationships are
working well, there are no planned changes.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City uses its CDBG funding, pooled TIF funds and general fund monies to coordinate services with a
host of agencies serving households at a variety of low and moderate income levels. The Southwest Rail
Light Rail Transit (SWLRT) project has begun. The City’s investment in the Elevate project, a 222-
unit apartment complex, is complete and has 20% affordable units. The City is also active in working
with peer cities along the line, exploring tools for creating or maintaining affordability, preserving
naturally-occurring affordable housing (NOAH), and continues to refine its own practices surrounding its
use of tools such as tax increment financing (TIF) and housing revenue bonds. The City completed its
Comp Plan update, Aspire 2040, which articulates the City’s vision for housing, examines needs within
the specified income bands of <30%, <50% and <80% AMI, and describes the financial and
technical tools it can use to help achieve its vision and reach its goals. Aspire incorporates significant
feedback from the community and includes in-depth focus on the special needs of seniors.
Discussion
Eden Prairie will continue to use its scarce resources to operate programs that maintain the existing
housing stock, create new opportunities for low and moderate income households, support existing
programs that remove barriers to affordable housing, build long-term affordability into market rate
developments, and participate in regional opportunities to address affordable housing issues. The city
will continue its broad policy objective of making housing affordable citywide.
Annual Action Plan
2024
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 50,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the
year to address the priority needs and specific objectives identified in the grantee's strategic
plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use
has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 50,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low and moderate income.Overall Benefit - A consecutive period
of one, two or three years may be used to determine that a minimum overall
benefit of 70% of CDBG funds is used to benefit persons of low and moderate
income. Specify the years covered that include this Annual Action Plan. 100.00%
Annual Action Plan
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Discussion
The city will use any excess program income for administration, public service programs, affordable
housing and rehabilitation projects that will benefit low-and moderate-income
households. Any additional program income received will be used to fund an existing CDBG Program or
activity and not just the activity generating the income.
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
Type of
Funds Activity Agency 2025 Funding 2026 Request 2026 HSRC Description Projected Clients 2026
Public Service Emergency Housing Assistance PROP $27,000 $45,000 $24,000
Emergency financial assistance for rent/mortgage payments to prevent homelessness.
11 Households
Public Service
Vehicle Repair PROP $11,000 $11,000 $11,000
Vehicle repair for low-income Eden
Prairie families. Pay 75% of repair costs up to $2,000 per low/mod
income household.
6 Residents
Senior
Services
Household Services for seniors
Senior Comm. Services (HOME)
$15,000 $15,000 $15,000
Provide maintenance, chore and technology services to residents 60
and older
50
Households
TOTAL $53,000 $71,000 $50,000
Public Service funds available for 2026 - $50,000
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING THE ALLOCATION OF FISCAL YEAR 2026
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant (CDBG) Program; and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on April 7, 2026, to obtain the views of citizens on the proposed use of
$250,000 in entitlement grant funding plus $60,000 in program income funds for the 2026
CDBG program year. Any additional program income received will be used to cover expenses
generated in an existing CDBG Program or activity and not necessarily expenses related to the
activity generating the income; and
BE IT RESOLVED, that the City Council of the City of Eden Prairie approves the following
activities for funding from the Community Development Block Grant program and authorizes
and directs the Mayor and the City Manager to execute Subrecipient and Third-Party
agreements on behalf of the City; and
Public Service Activities Funding Level
PROP (Housing Support Services) $24,000
PROP (Emergency Vehicle Repair) $11,000
HOME (Household & Outside Maintenance for the Elderly) $15,000
Subtotal $50,000
Housing Activities Funding Level
Housing Rehabilitation Deferred Loan Program $78,000
Rehab Grants $5,000
Affordable Housing - WHAHLT $80,000
Affordable Housing – First Time Homebuyer $35,000
Fair Housing Initiative $2,000
Program Administration $60,000
Total $310,000
BE IT RESOLVED, that if there is a decrease in the estimated allocation amount and the public
service cap is reached, any amount over the 15% will be deducted from PROP’s Homeless
Prevention activity. After this adjustment has been made, if there is an increase or decrease in
the estimated allocation amount for the 2026 CDBG fiscal year, the Housing Rehabilitation
Deferred Loan Program activity will be increased or decreased accordingly.; and
BE IT RESOLVED, that the City Council authorizes the City Manager to apply for 2026
Community Development Block Grant Funds and that the City Manager is authorized to execute
on behalf of the City; the Application for Federal Assistance, Form SF424 submitted with the
Action Plan, the HUD Funding/Approval form and all Certifications and other documents
required in connection therewith.; and
BE IT RESOLVED, that all unexpended prior year CDBG funds unallocated due to program
income received will be used to fund the homeowner rehab program, affordable housing
programs or program administration in 2026, unless otherwise reallocated by the city council.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
City Council Agenda Cover Memo
Date: April 7, 2026
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 (Role Call Vote)
SUMMARY
Checks 320074 - 320132
Checks 5005737 - 5006595
Wire Transfers 12350 - 12517
Purchasing Card 12350
ATTACHMENTS
Check Summary
Check Register
City of Eden Prairie
Council Check Summary
4/7/2026
Division Amount Divison Amount
000 General 44,721 304 Senior Board 154
100 City Manager (5,067) 308 E-911 3,543
101 Legislative 6,259 314 Special Investigations 2,074
102 Legal Counsel 50,505 315 Economic Development 95,787
110 City Clerk 3,124 502 Park Development 75,817
111 Customer Service 5,575 509 CIP Fund 453,471
112 Human Resources 1,628 512 CIP Trails 5,063
113 Communications 23,495 513 CIP Pavement Management 25,113
114 Benefits & Training 16,268 526 Transportation Fund 59,105
130 Assessing 14,846 541 Dell Rd (Crestwood to CSAH 61)1,389
131 Finance 7,850 543 Police Remodel 4,021,854
132 Housing and Community Services 2,373 544 Shady Oak (FCD to Valley View) 1,593
133 Planning 1,031 Total Capital Projects Fund 4,744,963
136 Public Safety Communications 10,256
138 Community Development Admin. 98 601 Prairie Village Liquor 229,604
150 Park Administration 429 602 Den Road Liquor 442,255
151 Park Maintenance 101,338 603 Prairie View Liquor 266,911
153 Organized Athletics 7,371 605 Den Road Building 6,877
154 Community Center 63,853 701 Water Enterprise Fund 513,550
156 Youth Programs 14,319 702 Wastewater Enterprise Fund 453,194
157 Special Events 75 703 Stormwater Enterprise Fund 78,462
158 Senior Center 7,075 Total Enterprise Fund 1,990,853
159 Recreation Administration 4,220
160 Therapeutic Recreation 1,633 316 WAFTA 66
162 Arts 18,039 802 494 Commuter Services 69,689
163 Outdoor Center 1,878 806 SAC 4,970
168 Art Center 5,770 807 Benefits Fund 2,624,320
180 Police Sworn 132,241 809 Investment Fund 9,477
182 Police Civilian 300 810 Workers Comp Insurance 264,994
184 Fire 60,902 811 Property Insurance 189,393
186 Inspections 7,801 812 Fleet Internal Service 250,898
200 Engineering 3,189 813 IT Internal Service 368,981
201 Street Maintenance 78,958 814 Facilities Caital ISF 1,245
202 Street Lighting 6,408 815 Facilities Operating ISF 108,353
Total General Fund 698,764 816 Facilities City Center ISF 117,528
817 Facilities Comm. Center ISF 275,045
301 CDBG 7,345 818 Dental Insurance 46,778
303 Cemetery Operation 745 820 Fencing Consortium 115,770
312 Recycle Rebate 1,500 Total Internal Svc/Agency Fund 4,447,507
322 Local Affordable Housing Aid 55,181
804 100 Year History 6
Total Special Revenue Fund 64,777
Report Total 11,946,864
City of Eden PrairieCouncil Check Register
4/7/2026
Amount Vendor Account Description Business Unit Comments
492,547 HEALTHPARTNERS Insurance Premiums Health & Benefits March 2026 Premiums
475,808 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel Police remodel
456,950 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Remodel
404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Met Council 2603
375,368 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Renovation
344,026 ALTERNATIVE BUSINESS FURNITURE INC OCS-Other Contracted Services Police Remodel Police Remodel Furniture
335,722 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 03.06.06
332,610 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 03.20.26
331,928 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 02.20.26
298,204 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel Police Remodel
264,994 LEAGUE MN CITIES INS TRUST WC Insurance Premiums Workers Comp Insurance W/C Premium
250,437 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 03.06.06
248,050 LDV Autos Capital Maint. & Reinvestment Mobile Command Center Final Payment
244,927 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 02.20.26
241,160 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 02.06.06
215,385 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maintenance 2026
211,867 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel Police Renovation
181,893 LEAGUE MN CITIES INS TRUST WC Insurance Premiums Property Insurance P/C Premium
173,807 CONTRACT HARDWARE CO, INC OCS-Other Contracted Services Police Remodel Police Remodel
144,796 MID-AMERICA BUSINESS SYSTEMS INC OCS-Other Contracted Services Police Remodel Police Renovation
135,315 CONTRACT HARDWARE CO, INC OCS-Other Contracted Services Police Remodel Police Renovation
132,386 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel Police Renovation
124,606 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax Feb 2026
122,578 USB-PURCHASING CARD Purchasing Card Various Funds Various charges
122,427 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel Police Remodel
118,538 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel Police Remodel
116,756 RDO EQUIPMENT CO Machinery & Equipment Fleet-Storm Water New Mini Excavator - 748
114,498 SUNBELT RENTALS, INC Building Rental Fencing Consortium July26-Dec26 Fencing
114,000 SONUS INTERIORS INC OCS-Other Contracted Services Police Remodel Police Remodel
110,219 JOHNSON COMPANIES LLC OCS-Other Contracted Services Capital Maint. & Reinvestment Richard T. Anderson Retaining Wall-LCCMR Grant
93,750 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel
91,853 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel
89,448 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel
81,985 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel
75,598 NEW LOOK CONTRACTING INC Improvement Contracts Economic Development
75,095 GOODMANSON CONSTRUCTION OCS-Other Contracted Services Park Acquisition & Development
74,819 SUMMIT FIRE PROTECTION OCS-Other Contracted Services Police Remodel
74,482 USB-PURCHASING CARD Purchasing Card Various Funds
73,950 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations-General
66,500 SONUS INTERIORS INC OCS-Other Contracted Services Police Remodel
61,750 ADMIRAL COATINGS, INC OCS-Other Contracted Services Police Remodel
60,634 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds
53,784 SMSC ENTERPRISES OCS-Other Contracted Services Park Maintenance
53,332 XCEL ENERGY Electric Various Funds
52,342 TK ELEVATOR CORPORATION OCS-Other Contracted Services Police Remodel
51,245 TAPCO OCS-Equipment/Vehicles Traffic Signals
49,257 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel
48,925 ADMIRAL COATINGS, INC OCS-Other Contracted Services Police Remodel
47,828 JC HALLET CONSTRUCTION LLC Improvement Contracts Stormwater Capital
47,466 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Stores
Amount Vendor Account Description Business Unit Comments46,615 XCEL ENERGY Electric Various Funds
45,310 PRECISION UTILITIES OCS-Equipment/Vehicles Water Distribution
45,202 CENTERPOINT ENERGY Gas Community Center
43,225 ADVANCED ENGINEERING & ENVIROMENTAL SERV Process Control Services Water Capital
41,975 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel
40,479 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel
40,187 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Stores
39,236 CENTERPOINT ENERGY Gas Community Center
38,245 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Stores
37,671 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Stores
36,511 VOYA Deferred Compensation Health & Benefits
36,269 VOYA Deferred Compensation Health & Benefits
36,190 J&L STEEL ERECTORS LLC OCS-Other Contracted Services Police Remodel
35,902 VOYA Deferred Compensation Health & Benefits
35,310 EXCEL LAWN & LANDSCAPE OCS-Snow Removal Various Funds
35,000 TITLE MARK LLC OCS-Other Contracted Services Local Affordable Housing Aid
33,869 SUMMIT FIRE PROTECTION OCS-Other Contracted Services Police Remodel
33,254 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Stores
33,011 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Stores
32,810 FIRST DUE Software Maintenance IT Operating
31,905 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
30,000 POVOLNY SPECIALTIES INC Improvement Contracts Transportation Fund
27,811 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Stores
27,608 BKV GROUP OCS-Other Contracted Services Police Remodel
27,602 SUPER SET FLOORING & TILE LLC OCS-Other Contracted Services Police Remodel
24,991 GRAYMONT Chemicals Water Treatment
24,984 GRAYMONT Chemicals Water Treatment
23,241 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Stores
22,168 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
21,767 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Stores
21,445 WEX Health Savings Account Health & Benefits
20,790 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
20,765 BRAUN INTERTEC CORPORATION OCS-Other Contracted Services Police Remodel
20,679 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Stores
20,608 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Stores
20,445 WEX Health Savings Account Health & Benefits
20,445 WEX Health Savings Account Health & Benefits
20,212 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
20,145 WEX Health Savings Account Health & Benefits
19,632 MOTOROLA Autos Capital Maint. & Reinvestment
19,296 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Stores
19,295 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Stores
19,264 CENTERPOINT ENERGY Gas Water Treatment
19,128 SUPER SET FLOORING & TILE LLC OCS-Other Contracted Services Police Remodel
18,795 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store
18,750 TRAFERA LLC Computers IT Operating
18,393 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Stores
17,849 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor Store
17,559 XCEL ENERGY Electric Various Funds
17,245 HAWKINS INC Chemicals Water Treatment
17,244 BPAS Deferred Compensation Health & Benefits
17,082 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating
16,988 HULS BROKERAGE INC Lime Residual Removal Water Treatment
16,590 GOODPOINT TECHNOLOGY INC Pavement Rehab Streets Pavement
Amount Vendor Account Description Business Unit Comments16,244 CIVICPLUS LLC Software Maintenance IT Operating
16,112 J&L STEEL ERECTORS LLC OCS-Other Contracted Services Police Remodel
16,015 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating
15,572 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Stores
15,465 PAYCHEX Payroll and Taxes 494 Corridor Commission
15,433 LOGIS Postage Assessing
15,340 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Stores
15,213 PAYCHEX Payroll and Taxes 494 Corridor Commission
14,818 PAYCHEX Payroll and Taxes 494 Corridor Commission
14,761 CARD CONNECT Credit Card/Bank Fees Various Funds
14,742 GREAT LAKES SALT COMPANY Salt Snow & Ice Control
14,706 KORTERRA, INC OCS-Other Contracted Services Water Distribution
14,660 DELOITTE TAX LLP OCS-Other Contracted Services Water Capital
14,246 BADGER METER Telephone Water Metering
14,241 CENTERPOINT ENERGY Gas Various Funds
14,218 CENTERPOINT ENERGY Gas Various Funds
14,000 CENTERPOINT ENERGY Gas Various Funds
13,780 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Stores
13,557 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
13,522 CATALYST GRAPHICS INC Postage Communications
13,508 GARY CARLSON EQUIPMENT OCS-Equipment/Vehicles Wastewater Collection
13,489 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Stores
13,458 HULS BROKERAGE INC Lime Residual Removal Water Treatment
13,360 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Stores
13,118 XCEL ENERGY Electric Various Funds
13,104 ARTISAN BEER COMPANY Liquor Product Received Liquor Stores
13,069 TOWMASTER Equipment Parts Fleet Operating
12,506 UKG INC MN Paid Leave Liability Health & Benefits
12,310 UKG INC MN Paid Leave Liability Health & Benefits
12,265 UKG INC MN Paid Leave Liability Health & Benefits
11,751 HAWKINS INC Chemicals Water Treatment
11,587 BLOOMINGTON, CITY OF Software Maintenance IT Operating
11,490 WALL TRENDS INC OCS-Building Community Center
11,468 MHL SYSTEMS Equipment Parts Fleet Operating
11,339 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Stores
11,162 VAISALA Software Maintenance IT Operating
10,906 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Stores
10,845 WATERMARK TITLE AGENCY LLC OCS-Other Contracted Services Local Affordable Housing Aid
10,831 STREICHERS Protective Clothing Police
10,770 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Stores
10,575 M-R SIGN CO INC Signs Traffic Signs
10,528 CONSTRUCTION RESULTS CORPORATION Improvement Contracts Economic Development
10,480 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Stores
10,341 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health & Benefits
10,270 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Stores
10,260 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Stores
10,099 XCEL ENERGY Electric Various Funds
10,083 HORIZON COMMERCIAL POOL SUPPLY OCS-Other Contracted Services Pool Maintenance
10,019 OXFORD STREET MERCHANTS Liquor Product Received Liquor Stores
10,000 BERGANKDV LTD Audit Various Funds
9,692 ARTISAN BEER COMPANY
9,590 BKV GROUP
9,585 HAWKINS INC
9,486 VESSCO INC
Amount Vendor Account Description Business Unit Comments9,460 EGAN COMPANY
9,400 RIGHTLINE DESIGN LLC
9,361 BREAKTHRU BEVERAGE MN WINE & SPIRITS
9,188 AXON ENTERPRISE INC
9,161 XCEL ENERGY
9,052 PRAIRIE ELECTRIC COMPANY
8,995 PAUSTIS & SONS COMPANY
8,978 ABM INDUSTRY GROUPS, LLC
8,953 WSB & ASSOCIATES INC
8,839 CENTERPOINT ENERGY
8,679 OXFORD STREET MERCHANTS
8,494 LOGIS
8,431 HORIZON COMMERCIAL POOL SUPPLY
8,400 SHORT ELLIOTT HENDRICKSON INC
8,366 CONCRETE SCIENCE SERVICES
8,179 GRAYMONT
8,164 HEALTHPARTNERS
8,111 STREICHERS
7,677 CHASE
7,634 U.S DEPARTMENT OF AGRICULTURE
7,569 PHILLIPS WINE AND SPIRITS INC
7,549 VINOCOPIA
7,507 CENTERPOINT ENERGY
7,500 LEAGUE MN CITIES INS TRUST
7,475 HEALTHPARTNERS
7,453 SUBURBAN CHEVROLET
7,425 STAR TRIBUNE
7,225 BPAS
7,143 QUALITY FLOW SYSTEMS INC
6,985 HEALTHPARTNERS
6,925 PHILLIPS WINE AND SPIRITS INC
6,917 VAN PAPER COMPANY
6,905 ARTISAN BEER COMPANY
6,861 AXON ENTERPRISE INC
6,813 HEALTHPARTNERS
6,779 OXFORD STREET MERCHANTS
6,693 HEALTHPARTNERS
6,541 MANSFIELD OIL COMPANY
6,495 WSB & ASSOCIATES INC
6,446 GYM WORKS
6,281 ARTISAN BEER COMPANY
6,248 LOGIS
6,172 HOHENSTEINS INC
6,000 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC
5,989 MOS EQUIPMENT
5,775 HENNEPIN HEALTHCARE
5,722 HEALTHPARTNERS
5,706 LAW ENFORCEMENT LABOR SERVICES INC.
5,673 AMERICAN ELECTRIC INC
5,651 BREAKTHRU BEVERAGE MN WINE & SPIRITS
5,642 LAW ENFORCEMENT LABOR SERVICES INC.
5,597 CENTERPOINT ENERGY
5,594 ST CROIX ENVIRONMENTAL INC
5,531 XCEL ENERGY
Amount Vendor Account Description Business Unit Comments5,512 GYM WORKS
5,495 BOSCH BUILDING TECHNOLOGIES LLC
5,450 STANTEC CONSULTING SERVICES INC
5,409 HOHENSTEINS INC
5,270 INTERSTATE POWER SYSTEMS INC
5,247 XCEL ENERGY
5,180 HAMMER COMMUNITY SOLAR LLC
5,097 EMBEDDED SYSTEMS INC
5,063 HOUSTON ENGINEERING INC
5,000 FIVE STAR BATH SOLUTIONS
5,000 ETHICAL LEADERS IN ACTION LLC
4,981 PFM ASSET MANAGEMENT LLC
4,925 EDINA/EDEN PRAIRIE EXPLORERS
4,920 METROPOLITAN COUNCIL
4,874 XCEL ENERGY
4,872 BELLBOY CORPORATION
4,850 POVOLNY SPECIALTIES INC
4,816 HEALTHPARTNERS
4,729 SHORT ELLIOTT HENDRICKSON INC
4,688 GRAINGER
4,677 MADISON NATIONAL LIFE INSURANCE CO INC
4,600 CASTRO CLEANING LLC
4,595 ASPEN MILLS
4,572 POMP'S TIRE SERVICE INC
4,500 MINNESOTA CHIEFS OF POLICE ASSOC
4,496 PFM ASSET MANAGEMENT LLC
4,493 HOHENSTEINS INC
4,465 SOBANIA COMMUNITY SOLAR
4,425 EXCEL LAWN & LANDSCAPE
4,402 ASPEN MILLS
4,202 VERIZON WIRELESS
4,104 TRANSPORT GRAPHICS
4,100 WAYNES HOME SERVICES
4,070 SYMETRA LIFE INSURANCE COMPANY
4,047 HOHENSTEINS INC
4,012 SYMETRA LIFE INSURANCE COMPANY
4,000 MESSERLI & KRAMER
3,978 HENNEPIN COUNTY TREASURER
3,951 IMPACT PROVEN SOLUTIONS
3,891 ARTISAN BEER COMPANY
3,874 HAMMER COMMUNITY SOLAR LLC
3,850 PINNACLE DESIGN & REMODELING LLC
3,808 BELLBOY CORPORATION
3,806 METRO SALES INCORPORATED*
3,743 PAUSTIS & SONS COMPANY
3,740 HEALTHPARTNERS
3,692 HINTERLAND CSG LLC
3,674 WM CORPORATE SERVICES INC
3,663 LORNA SHEVLIN
3,614 T-MOBILE
3,600 LIFE SUPPORT INNOVATIONS
3,590 XIGENT SOLUTIONS LLC
3,582 T-MOBILE
3,565 SOCCER SHOTS
Amount Vendor Account Description Business Unit Comments3,455 FERGUSON WATERWORKS
3,365 SCOTT COUNTY
3,365 SCOTT COUNTY
3,361 METRO SALES INCORPORATED*
3,360 CLAREY'S SAFETY EQUIPMENT
3,337 BATTERIES PLUS BULBS #1248
3,333 LOCKRIDGE GRINDAL NAUEN PLLP
3,333 LOCKRIDGE GRINDAL NAUEN PLLP
3,322 INVOICE CLOUD INC
3,321 AIRGAS USA LLC
3,315 VAN PAPER COMPANY
3,250 WEX
3,249 MACQUEEN EQUIPMENT INC
3,209 PDQ.COM
3,207 XCEL ENERGY
3,188 SSI ABS-2025-1 PROJECT HOLDINGS LLC
3,145 WINEBOW
3,056 INNOVATIVE GRAPHICS
3,000 FIREHOUSE GRANTS LLC
3,000 PiM ARTS HIGH SCHOOL
2,992 SOBANIA COMMUNITY SOLAR
2,973 MINNESOTA VALLEY ELECTRIC COOPERATIVE
2,936 METRO ELEVATOR
2,914 WEX
2,912 MADDEN, GALANTER, HANSEN PLLC
2,874 CLAREY'S SAFETY EQUIPMENT
2,838 ST. LOUIS PARK, CITY OF
2,827 SSI ABS-2025-1 PROJECT HOLDINGS LLC
2,826 GREAT LAKES COCA-COLA DISTRIBUTION
2,809 CLEAR RIVER BEVERAGE CO
2,800 ALTERNATIVE BUSINESS FURNITURE INC
2,791 SSI ABS-2025-1 PROJECT HOLDINGS LLC
2,758 BROTHERS FIRE PROTECTION
2,750 HOHENSTEINS INC
2,750 OXFORD STREET MERCHANTS
2,710 GRAINGER
2,641 ANCHOR PAPER COMPANY
2,621 HINTERLAND CSG LLC
2,599 MENARDS
2,596 TOWMASTER
2,595 COREMARK METALS
2,584 BREAKTHRU BEVERAGE MN WINE & SPIRITS
2,574 DG MINNESOTA CS 2021 LLC
2,567 US LEGACY PROMOTIONS
2,523 STREICHERS
2,513 PAUSTIS & SONS COMPANY
2,497 GRAINGER
2,490 A CLEAR SOLUTION AUTO GLASS REPAIR
2,467 CLEAR RIVER BEVERAGE CO
2,467 STOP STICK LTD.
2,462 VAN PAPER COMPANY
2,448 WEX
2,446 KRISS PREMIUM PRODUCTS INC
2,444 HENNEPIN COUNTY TREASURER
Amount Vendor Account Description Business Unit Comments2,439 ARVIG
2,414 BREAKTHRU BEVERAGE MN WINE & SPIRITS
2,400 TRAFFIC CONTROL CORPORATION
2,380 FIRE SAFETY USA INC
2,370 CENTERPOINT ENERGY
2,350 MARTIN-MCALLISTER
2,342 BCM ONE
2,337 DREW'S CONCESSIONS LLC
2,276 BOURGET IMPORTS
2,269 FLEETPRIDE INC
2,265 METROPOLITAN MECHANICAL CONTRACTORS
2,254 UNIQUE PAVING MATERIALS
2,250 BELLBOY CORPORATION
2,248 SOBANIA COMMUNITY SOLAR
2,245 PETERSON COUNSELING AND CONSULTING LLC
2,227 PERA
2,207 GRAINGER
2,207 AMERICAN KARATE STUDIO INC
2,198 KOENIG & SONS EQUIPMENT INC
2,191 PERA
2,138 TWIN CITIES DOTS AND POP LLC
2,137 PERA
2,129 GARAGE EXPERTS TWIN CITIES
2,044 CLEAR RIVER BEVERAGE CO
2,040 LEAST SERVICES COUNSELING
2,040 STERNBERG LIGHTING
2,021 ZIEGLER INC
2,000 PETTY CASH-POLICE DEPT
1,987 HOME DEPOT CREDIT SERVICES
1,975 FIRENET SYSTEMS INC
1,941 T-MOBILE
1,929 TNC FABRICATING LLC
1,926 SYSCO WESTERN MINNESOTA
1,920 INTERSTATE POWER SYSTEMS INC
1,900 EHLERS & ASSOCIATES INC
1,875 MOVEFWD INC
1,875 THREE RIVERS PARK DISTRICT
1,866 MEGA BEER
1,866 CLEAR RIVER BEVERAGE CO
1,845 GREAT LAKES COCA-COLA DISTRIBUTION
1,843 WEX
1,800 COMPASS PEER GROUPS LLC
1,800 MOSER KATLYN
1,800 ROTO-ROOTER
1,796 VINOCOPIA
1,785 INTERNATIONAL UNION OF OPERATING
1,779 VINOCOPIA
1,774 SYSCO WESTERN MINNESOTA
1,772 BOUND TREE MEDICAL LLC
1,758 MIDWEST OVERHEAD CRANE
1,738 FIDELITY SECURITY LIFE INSURANCE CO
1,735 TRAFERA LLC
1,706 CORE & MAIN
1,689 STREICHERS
Amount Vendor Account Description Business Unit Comments1,681 ASPEN MILLS
1,681 MINNESOTA DEPT OF REVENUE
1,680 EMERALD ELEMENTS
1,656 XCEL ENERGY
1,650 FIRENET SYSTEMS INC
1,625 WM CORPORATE SERVICES INC
1,596 THE GRINELL GROUP
1,573 GUARDIAN FLEET SAFETY LLC
1,570 LEAST SERVICES COUNSELING
1,570 BELLBOY CORPORATION
1,556 WINE COMPANY, THE
1,554 SMALL LOT MN
1,524 EMERALD ELEMENTS
1,524 LYNDALE PLANT SERVICES
1,515 BELLBOY CORPORATION
1,513 HEALTHPARTNERS OCCUPATIONAL MEDICINE
1,513 CLEAR RIVER BEVERAGE CO
1,500 CENTERSTAGE PRODUCTIONS LLC
1,468 YORKTOWN OFFICES
1,468 YORKTOWN OFFICES
1,448 BIFFS INC
1,442 WEX
1,441 MAVERICK WINE LLC
1,439 U.S. BANK - I-494 PURCH. CARD
1,437 CAMFIL USA INC
1,432 WEX
1,424 HOUSTON ENGINEERING INC
1,421 MAVERICK WINE LLC
1,414 HENNEPIN COUNTY TREASURER
1,403 PRECISE MRM LLC
1,378 SRF CONSULTING GROUP INC
1,366 SSI ABS-2025-1 PROJECT HOLDINGS LLC
1,366 WINEBOW
1,356 CINTAS CORPORATION
1,351 AMERICAN EXPRESS
1,343 ACTIVE 911 INC
1,341 DOMACE VINO LLC
1,340 WINE COMPANY, THE
1,328 SYSCO WESTERN MINNESOTA
1,308 SOLUTION BUILDERS
1,306 XCEL ENERGY
1,304 REVOLUTIONARY SPORTS, LLC
1,282 PIRTEK BURNSVILLE
1,273 CENTERPOINT ENERGY
1,256 GLOBAL RESERVE LLC
1,250 WEX
1,250 USI CONSULTING GROUP INC
1,240 LEGACY GYMNASTICS
1,239 PRAIRIE LAWN AND GARDEN
1,221 WEX
1,218 LEAGUE MN CITIES INS TRUST WC
1,217 CONCRETE CUTTING AND CORING
1,215 METROPOLITAN FORD
1,210 STANTEC CONSULTING SERVICES INC
Amount Vendor Account Description Business Unit Comments1,203 MIDWEST WETLAND IMPROVEMENTS LLC
1,200 KORT LINDBLAD
1,200 AMERICAN ENVIRONMENTAL LLC
1,190 BOLTON & MENK INC
1,188 FAT PANTS BREWING CO LLC
1,187 OXFORD STREET MERCHANTS
1,180 WEX
1,176 CENTERPOINT ENERGY
1,173 NAC MECHANICAL AND ELETRICAL SERVICES
1,168 CORE & MAIN
1,160 WINE COMPANY, THE
1,157 MILESTONES
1,156 DAIKIN APPLIED
1,150 BLOOMINGTON, CITY OF
1,148 MARCO INC
1,140 UKG INC
1,140 UKG INC
1,140 UKG INC
1,140 BARREL THEORY BEER COMPANY
1,138 ADVANCED ENGINEERING & ENVIROMENTAL SERV
1,136 MINNESOTA DEPT OF REVENUE
1,129 MAVERICK WINE LLC
1,120 PETERSON COUNSELING AND CONSULTING LLC
1,120 HENNEPIN COUNTY CHIEFS OF POLICE
1,108 BARREL THEORY BEER COMPANY
1,106 INSIGHT BREWING COMPANY LLC
1,104 PRAIRIE ELECTRIC COMPANY
1,098 WEX
1,089 EHLERS & ASSOCIATES INC
1,086 BIFFS INC
1,083 WEX
1,083 JSW EMBROIDERY & TACKLE TWILL
1,079 GAME ONE
1,073 BARREL THEORY BEER COMPANY
1,068 PAUSTIS & SONS COMPANY
1,050 MACQUEEN EQUIPMENT INC
1,047 NEW FRANCE WINE COMPANY
1,046 EHLERS & ASSOCIATES INC
1,044 AMERICAN RED CROSS
1,037 FIRST ARRIVING IO INC
1,032 QUADIENT LEASING USA INC
1,030 VINOCOPIA
1,000 KING SAMANTHA
1,000 HENNEPIN COUNTY WARRANT OFFICE
993 AMERICAN RED CROSS
989 WEX
988 MEGA BEER
981 WEX
977 WEX
977 NATIONAL MARTIAL ARTS ASSOCIATION, INC
974 SYSCO WESTERN MINNESOTA
974 MAVERICK WINE LLC
973 INSIGHT BREWING COMPANY LLC
970 CENTERPOINT ENERGY
Amount Vendor Account Description Business Unit Comments963 MODIST BREWING COMPANY
959 MINNESOTA DEPT OF REVENUE
958 PAUSTIS & SONS COMPANY
954 HENNEPIN COUNTY TREASURER
954 POMP'S TIRE SERVICE INC
949 DEVILBISS JAYDEN
948 MENARDS
945 REACH
940 CDW GOVERNMENT INC.
940 MINNEAPOLIS GLASS COMPANY
932 BATTERIES PLUS BULBS
927 GRAINGER
926 PITNEY BOWES
925 MENARDS
921 CHUCK & DON'S PET FOOD & SUPPLIES
916 BMI GENERAL LICENSING
913 TOWNSEND BRETT
908 JOHN HENRY FOSTER MINNESOTA INC
904 SVL
900 WINEBOW
900 USA SECURITY
900 BEHAVIORAL DIMENSIONS, INC
900 ROTO-ROOTER
897 NARAYANAN PG
891 POMP'S TIRE SERVICE INC
891 R & R SPECIALTIES OF WISCONSIN
888 MINNESOTA DEPT OF REVENUE
887 EARL F ANDERSON
880 GLOBAL RESERVE LLC
880 VINOCOPIA
875 WEX
865 WEX
865 GREAT LAKES COCA-COLA DISTRIBUTION
864 JUNKYARD BREWING COMPANY LLC
863 CARRON NET COMPANY, INC
858 BOUND TREE MEDICAL LLC
857 XCEL ENERGY
857 SYSCO WESTERN MINNESOTA
853 JANEX INC
852 I-STATE TRUCK CENTER
852 T-MOBILE
849 POMP'S TIRE SERVICE INC
848 SSI ABS-2025-1 PROJECT HOLDINGS LLC
844 WEX
839 BOUND TREE MEDICAL LLC
836 FASTENAL COMPANY
835 BROTHERS FIRE PROTECTION
833 LEXISNEXIS RISK SOLUTIONS FL INC
831 FIRE SAFETY USA INC
825 WEX
817 WEX
816 JUNKYARD BREWING COMPANY LLC
808 SSI ABS-2025-1 PROJECT HOLDINGS LLC
801 EDEN PRAIRIE COMMUNITY EDUCATION
Amount Vendor Account Description Business Unit Comments800 EMMA SHOOK
800 MASON TYER
794 MINNESOTA DEPT OF REVENUE
787 GLOBAL RESERVE LLC
786 WEX
784 PRYES BREWING COMPANY
784 STANLEY HAMMER
776 MADDEN, GALANTER, HANSEN PLLC
770 MEDICINE LAKE TOURS
767 VIRTUAL ACADEMY
766 XCEL ENERGY
760 MINNESOTA CLAY CO. USA
759 MODIST BREWING COMPANY
758 WEX
754 WEX
753 WOODEN HILL BREWING COMPANY LLC
750 SCOTT GORDHAMER
750 STEEL TOE BREWING LLC
750 BARREL THEORY BEER COMPANY
738 BRO-TEX INC
734 LINDEMAN BRETT
716 CENTERPOINT ENERGY
710 WEX
710 ASPEN WASTE SYSTEMS INC.
710 METROPOLITAN FORD
704 CONCRETE CUTTING AND CORING
702 BACK CHANNEL BREWING COLLECTIVE LLC
700 LOCAL 5539 EDEN PRAIRIE
700 LOCAL 5539 EDEN PRAIRIE
700 WEX
691 JOHNSON JUSTIN
683 H M CRAGG CO
670 ACE TRAILER SALES
668 GLOBAL RESERVE LLC
667 A LOIS SCHLAMPP
665 INTERSTATE POWER SYSTEMS INC
664 XCEL ENERGY
663 SWANSON MOLLY
661 XCEL ENERGY
660 WEX
656 KOENIG & SONS EQUIPMENT INC
653 INVOICE CLOUD INC
650 DAVID ANDERSON
650 HENNEPIN COUNTY FIRE CHIEF ASSOC
645 XCEL ENERGY
642 MINNESOTA VALLEY ELECTRIC COOPERATIVE
639 NEW FRANCE WINE COMPANY
637 STATE SUPPLY COMPANY
636 EMERGENCY TECHNICAL DECON
630 AMAZING ATHLETES OF CENTRAL MN
626 PRINCIPAL FINANCIAL GROUP
626 PRINCIPAL FINANCIAL GROUP
625 ECM PUBLISHERS INC
621 JIXXIE INC
Amount Vendor Account Description Business Unit Comments619 FACTORY MOTOR PARTS COMPANY
610 PRAIRIE ELECTRIC COMPANY
606 ANCOM COMMUNICATIONS INC
604 XCEL ENERGY
602 UNMAPPED BREWING CO
600 DAKOTA COUNTY SHERIFFS DEPT
598 WEX
588 BACK CHANNEL BREWING COLLECTIVE LLC
587 WATER CONSERVATION SERVICES INC
581 EMERALD ELEMENTS
580 MINNESOTA DEPT OF LABOR AND INDUSTRY
567 HEADFLYER BREWING
556 XCEL ENERGY
551 ACME TOOLS
550 MINNESOTA STATE FIRE DEPT ASSN
549 HAAK LORI
546 FLYING CLOUD TRANSFER STATION 4553
544 STREICHERS
543 THE OASIS GROUP
543 THE OASIS GROUP
541 FASTENAL COMPANY
539 NEW FRANCE WINE COMPANY
534 DRAGANA JEVTOVIC-MRDJEN
533 CENTURYLINK
529 DRAGANA JEVTOVIC-MRDJEN
528 STEEL TOE BREWING LLC
525 ASSURED SECURITY
524 HENNEPIN COUNTY TREASURER
523 LIBATION PROJECT
520 CENTERPOINT ENERGY
516 ROADKILL ANIMAL CONTROL
515 MTI DISTRIBUTING INC
515 DEALER AUTOMOTIVE SERVICES INC
514 BUILDING CONTROLS GROUPS
510 WEX
506 I-STATE TRUCK CENTER
503 EDINA FIREFIGHTERS LOCAL 1275
502 PAFFY'S PEST CONTROL
500 ISABELLA MALDONADO
500 QUIGLEY JONATHAN JR
500 CITY OF SAINT PAUL
494 HEALTH STRATEGIES
493 PRYES BREWING COMPANY
487 MACQUEEN EQUIPMENT INC
486 QUALITY PROPANE
485 JIXXIE INC
484 WEX
484 WEX
481 WEX
480 KRISTEN TWITCHELL
476 VENN BREWING COMPANY
475 VERIZON WIRELESS
475 INDIGO SIGNWORKS, INC.
474 LAKE COUNTRY DOOR LLC
Amount Vendor Account Description Business Unit Comments471 MINNESOTA VALLEY ELECTRIC COOPERATIVE
467 LANO EQUIPMENT INC
466 PMA FINANCIAL NETWORK INC
462 ARCPOINT LABS OF EDINA
460 ULINE
458 CENTERPOINT ENERGY
454 AIRGAS USA LLC
453 CENTERPOINT ENERGY
450 AMARA FALK
448 WEX
448 WATER CONSERVATION SERVICES INC
447 RYAN MARTIN
444 DIVERSE BUILDING MAINTENANCE
444 DIVERSE BUILDING MAINTENANCE
441 INDELCO PLASTICS CORP
434 ASPEN MILLS
434 SMALL LOT MN
430 WEX
430 BERRY COFFEE COMPANY
429 ASPEN MILLS
429 VESTIS SERVICES LLC
427 VESTIS SERVICES LLC
425 UNMAPPED BREWING CO
424 CENTERPOINT ENERGY
421 MENARDS
416 CENTERPOINT ENERGY
414 H M CRAGG CO
413 LANO EQUIPMENT INC
412 CUSTOM HOSE TECH
412 APPLE FORD SHAKOPEE
412 GREAT LAKES COCA-COLA DISTRIBUTION
411 QUALITY PROPANE
410 SPS COMPANIES
409 APPLE FORD SHAKOPEE
408 CARLSTON, BRANDON
408 BARREL THEORY BEER COMPANY
405 COLLINS BROTHERS TOWING
405 CENTERPOINT ENERGY
402 HACH COMPANY
400 LAUREN EDSON
400 STEEL TOE BREWING LLC
400 DUSTRUD, STEPHANIE
398 STAVE NOAH
393 ECM PUBLISHERS INC
390 WEX
389 AM CRAFT SPIRITS SALES & MARKETING
386 MENARDS
385 METROPOLITAN FORD
384 VENN BREWING COMPANY
383 FASTENAL COMPANY
380 MEGA BEER
379 JAMES NOONAN
378 CENTERPOINT ENERGY
377 EDINA FIREFIGHTERS LOCAL 1275
Amount Vendor Account Description Business Unit Comments372 WEX
360 LAKE COUNTRY DOOR LLC
360 VESTIS SERVICES LLC
357 CENTERPOINT ENERGY
357 STEEL TOE BREWING LLC
356 METRO ELEVATOR
354 SHAMROCK GROUP, INC - ACE ICE
349 CONCRETE CUTTING AND CORING
345 MPCA
342 ST CROIX LINEN LLC
342 ST CROIX LINEN LLC
342 ST CROIX LINEN LLC
342 ST CROIX LINEN LLC
341 INBOUND BREW CO
340 BERRY COFFEE COMPANY
340 MINNESOTA DEPT OF LABOR AND INDUSTRY
339 ALLIED VETERINARY EMERGENCY SOUTHWEST LLC
339 NORTH CENTRAL LABORATORIES
330 MUEHLBAUER, THOMAS G
321 FLEETPRIDE INC
321 STORMS WELDING & MANUFACTURING
320 ASTLEFORD EQUIPMENT COMPANY INC
320 PDCM/DDP
319 US BANK - CREDIT CARD MERCHANT ONLY
317 STAPLES ADVANTAGE
317 PREMIUM WATERS INC
317 TRANSUNION RISK & ALTERNATIVE DATA
315 CHARGEPOINT
314 SUMMER LAKES BEVERAGE LLC
312 US BANK - PAYMODE
310 ANCOM COMMUNICATIONS INC
307 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES
306 DOMACE VINO LLC
303 WARREN MANYARA
303 INBOUND BREW CO
303 DELTA DENTAL
303 DELTA DENTAL
300 DREVE AMERICA CORP
298 UNMAPPED BREWING CO
296 CUSTOM HOSE TECH
292 MORGAN GRINOLS
291 FASTENAL COMPANY
290 RED BULL DISTRIBUTING COMPANY INC
288 JUNKYARD BREWING COMPANY LLC
285 LEIFELD FRAMING
284 PROP - PR
283 PDCM/DDP
281 METROPOLITAN FORD
276 ZOLL MEDICAL CORPORATION
275 MINT CONDITION DETAILING INC
275 TEE JAY NORTH INC
270 EMERALD ELEMENTS
270 ESTRINE, ROBERT
269 PRYES BREWING COMPANY
Amount Vendor Account Description Business Unit Comments260 HAGGARD BARREL BREWING COMPANY LLC
259 RED BULL DISTRIBUTING COMPANY INC
256 CENTERPOINT ENERGY
255 NARAYANAN PG
254 VANCO SERVICES
254 MADDEN, GALANTER, HANSEN PLLC
253 NEW FRANCE WINE COMPANY
250 DIRECTV
250 VESTIS SERVICES LLC
247 GETSCHOW, RICK
247 MACQUEEN EQUIPMENT INC
245 WEX
242 DANGEROUS MAN BREWING
240 JUNKYARD BREWING COMPANY LLC
240 CENTERPOINT ENERGY
238 CENTERPOINT ENERGY
237 ACME TOOLS
236 ECM PUBLISHERS INC
233 WEX
233 TOLL GAS AND WELDING SUPPLY
232 HORIZON COMMERCIAL POOL SUPPLY
232 JUNKYARD BREWING COMPANY LLC
228 FERGUSON WATERWORKS
225 SCOTT COUNTY TREASURER
224 BATTERIES PLUS BULBS #1248
223 SHAMROCK GROUP, INC - ACE ICE
222 GUARDIAN FLEET SAFETY LLC
222 MODIST BREWING COMPANY
219 WINEBOW
217 ECM PUBLISHERS INC
211 GOPHER STATE ONE-CALL
208 SHRED RIGHT
204 MINNESOTA AIR INC
204 MR CUTTING EDGE
204 TALKPOINT TECHNOLOGIES INC
203 PAYA
203 ANDY GROTH
203 LAURENT TIM
200 SCOTT COUNTY SHERIFF'S OFFICE
200 ASCENTEK, INC
200 CDW GOVERNMENT INC.
199 ECM PUBLISHERS INC
196 WEX
193 MODIST BREWING COMPANY
191 NORTH CENTRAL LABORATORIES
190 SHAMROCK GROUP, INC - ACE ICE
190 INDIGO SIGNWORKS, INC.
190 WEX
189 OPTUM HEALTH
186 TOLL GAS AND WELDING SUPPLY
186 KELE INC
186 INBOUND BREW CO
185 CENTERPOINT ENERGY
185 NOVACARE REHABILITATION
Amount Vendor Account Description Business Unit Comments184 EDEN PRAIRIE FOUNDATION
184 DANGEROUS MAN BREWING
184 CENTERPOINT ENERGY
184 BRADY ROERS
183 JOEL JOHNSON
183 DVS
183 MATT TAETS
182 CENTURYLINK
180 URBAN GROWLER BREWING COMPANY LLC
180 MUEHLBAUER, THOMAS G
180 BARNA, GUZY & STEFFEN ,LTD
179 VESTIS SERVICES LLC
179 SAROJ ARYAL
178 MEDICINE LAKE TOURS
177 CINTAS CORPORATION #470
176 SITEONE LANDSCAPE SUPPLY, LLC
173 WEX
173 MINNESOTA AIR INC
171 MODIST BREWING COMPANY
169 SITEONE LANDSCAPE SUPPLY, LLC
167 BOURGET IMPORTS
166 ADAMS PEST CONTROL INC
166 ADAMS PEST CONTROL INC
165 A CLEAR SOLUTION AUTO GLASS REPAIR
163 CENTERPOINT ENERGY
158 BRAUN INTERTEC CORPORATION
154 RATWIK, ROSZAK & MALONEY, P.A.
150 TOLBERT ALLISON
150 WOODEN HILL BREWING COMPANY LLC
149 JSW EMBROIDERY & TACKLE TWILL
147 THOMAS SCHROER
146 BATTERIES PLUS BULBS
145 URBINA, JAIME
145 A TO Z RENTAL CENTER
142 BROC MORGAN
142 WEX
141 DAXKO LLC
139 VERIZON WIRELESS
136 STAPLES ADVANTAGE
135 WEX
135 MACQUEEN EQUIPMENT INC
134 DIAMOND MOWERS INC
132 JACOB MOHR
128 MINNESOTA DEPT OF HEALTH
127 RED BULL DISTRIBUTING COMPANY INC
126 CENTERPOINT ENERGY
123 VAN PAPER COMPANY
122 STERICYCLE INC
120 XCEL ENERGY
120 URBAN GROWLER BREWING COMPANY LLC
120 MN DEPT OF NATURAL RESOURCES
119 WOODEN HILL BREWING COMPANY LLC
119 SNYDER KEVIN
119 SCHMIDT MICHAEL
Amount Vendor Account Description Business Unit Comments119 STAPLES ADVANTAGE
116 PATRICIA LAURIA
116 RICHFIELD PRINTING INC
115 CENTURYLINK
115 HUNT MARGARET
114 STEEL TOE BREWING LLC
108 WEX
108 ARCHETYPE SIGNS
107 PROPIO LS LLC
107 BATTERIES PLUS BULBS #1248
107 FACTORY MOTOR PARTS COMPANY
105 XTREME INTEGRATION
105 MINNESOTA VALLEY ELECTRIC COOPERATIVE
104 BOBBY SAOPRASEUTH
103 FACTORY MOTOR PARTS COMPANY
102 MR CUTTING EDGE
101 DIGI-KEY
100 MIDWEST EXTRACTION SERVICES LLC
100 T-MOBILE USA
99 HENNEPIN COUNTY TREASURER
98 KATE WEBER
98 XCEL ENERGY
98 MTI DISTRIBUTING INC
96 ROBERT BROSCH
96 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC
96 INNOVATIVE OFFICE SOLUTIONS
94 MINNESOTA VALLEY ELECTRIC COOPERATIVE
92 KOMROSKY, HANK
90 FARRELL EQUIPMENT & SUPPLY CO INC
89 LEONARD, MICHELLE
88 SHERWIN WILLIAMS CO
87 PAYCHEX
87 PAYCHEX
87 PAYCHEX
86 RILEY SCOTT
85 CONCRETE CUTTING AND CORING
83 OFFICE OF MN IT SERVICES
82 DAILEY DATA & ASSOCIATES
80 CENTERPOINT ENERGY
75 AMRUTA MARWAH
75 MARWAH AMRUTA
75 MPX GROUP, THE
73 HEINE MINDY
73 CENTURYLINK
72 SITEONE LANDSCAPE SUPPLY, LLC
72 CASE, RON
72 STRATASYS DIRECT
71 MINNESOTA VALLEY ELECTRIC COOPERATIVE
71 I-STATE TRUCK CENTER
71 CENTURYLINK
70 LOES OIL COMPANY
70 PAUL MEEHL
70 SUSAN SCHRADER
69 WEX
Amount Vendor Account Description Business Unit Comments69 CEF EP COMMUNITY SOLAR LLC
68 ACE SUPPLY COMPANY INC
67 FIELDSTONE FAMILY HOMES INC
65 WEX
64 CDW GOVERNMENT INC.
63 NORCOSTCO
62 STAPLES ADVANTAGE
62 ZIEGLER INC
61 DODGE OF BURNSVILLE
60 KOMROSKY, HANK
60 MINNESOTA VALLEY ELECTRIC COOPERATIVE
60 CUB FOODS EDEN PRAIRIE
60 ABLE HOSE & RUBBER INC
59 ANNA BUI
58 MINNESOTA VALLEY ELECTRIC COOPERATIVE
56 CENTERPOINT ENERGY
55 MINNESOTA TROPHIES & GIFTS
55 MPX GROUP, THE
54 JACK GRIFFITH
54 SHRED RIGHT
54 GS DIRECT
53 REMMES NICHOLAS
53 UPS SUPPLY CHAIN SOLUTIONS
52 MINNESOTA VALLEY ELECTRIC COOPERATIVE
52 ABRAMOVICH GENNADIY
52 JESSICA SCHMIDT
50 VOYA
50 CHC CREATING HEALTHIER COMMUNITIES
50 EDEN PRAIRIE CRIME PREVENTION FUND
47 OFFICE OF MN IT SERVICES
44 MINNESOTA VALLEY ELECTRIC COOPERATIVE
42 MINNESOTA TROPHIES & GIFTS
42 REMMES NICHOLAS
41 CENTERPOINT ENERGY
40 MINNESOTA TROPHIES & GIFTS
39 PILGRIM DRY CLEANERS INC
38 NATHAN COREY
38 PRAIRIE LAWN AND GARDEN
37 WEX
36 CENTERPOINT ENERGY
36 CENTERPOINT ENERGY
36 MINNESOTA VALLEY ELECTRIC COOPERATIVE
35 ROCKEY, JOSH
35 I-STATE TRUCK CENTER
35 CENTERPOINT ENERGY
34 XCEL ENERGY
33 CAMPBELL KNUTSON, P.A.
33 CAMPBELL KNUTSON, P.A.
31 XCEL ENERGY
31 SITEONE LANDSCAPE SUPPLY, LLC
31 SUE XIONG
30 VERIZON WIRELESS
30 MARCI JOHNSTON
29 BOHNSACK, SUE
Amount Vendor Account Description Business Unit Comments28 CONCRETE CUTTING AND CORING
28 AARON TOYA
28 MICHAEL SCHALTBERGER
27 MRI SOFTWARE LLC
27 TREVIPAY
27 REMMES NICHOLAS
26 XCEL ENERGY
25 SQUARE
25 MINNESOTA TROPHIES & GIFTS
25 RICK ROTHERHAM
25 DAWN CARDARELLE
25 TOLL GAS AND WELDING SUPPLY
24 A TO Z RENTAL
23 SPOK, INC.
23 MINNESOTA DEPT OF HEALTH
23 SPOK, INC.
23 GOERGEN, MARIE
22 XCEL ENERGY
22 WEX
21 CAWLEY COMPANY, THE
20 FLEETPRIDE INC
20 EDEN PRAIRIE LOCAL NEWS
20 TICKNOR LORI
20 FEDEX
19 LEONID KUDISHEVICH
18 MINNESOTA TROPHIES & GIFTS
18 OLD NATIONAL BANK
18 KAMILLE KESSEL
17 RICK ROTHERHAM
17 XCEL ENERGY
17 XCEL ENERGY
17 XCEL ENERGY
17 MINNESOTA VALLEY ELECTRIC COOPERATIVE
17 UPS SUPPLY CHAIN SOLUTIONS
16 NCPERS GROUP LIFE INSURANCE
16 JASON MILLER
15 WEX
15 MINNESOTA VALLEY ELECTRIC COOPERATIVE
15 MINNESOTA VALLEY ELECTRIC COOPERATIVE
15 MINNESOTA VALLEY ELECTRIC COOPERATIVE
15 MINNESOTA VALLEY ELECTRIC COOPERATIVE
15 NELSON, ROBIN
10 CULLIGAN BOTTLED WATER
10 JAMES W HAGEN
10 ALL TRUCK AND TRAILER PARTS (ATTP)
10 EDEN PRAIRIE FOUNDATION
10 EDEN PRAIRIE FOUNDATION
9 KATIE DOWNING
9 MINNESOTA LIFE INSURANCE COMPANY
7 JENNY MONSON-MILLER
7 LORI CHRISTIANSEN
6 NCR PAYMENT SOLUTIONS,PA, LLC
3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE
3 QUALITY PROPANE
Amount Vendor Account Description Business Unit Comments11,946,864 Report Total