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HomeMy WebLinkAboutCity Council - 01/05/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 5, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. CHARITABLE GAMING DISCUSSION WITH EP HOCKEY ASSOCIATION (5:30- 6:00) II. COUNCIL APPOINTMENTS AND 2021 CALENDAR (6:00-6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 5, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS NARAYANAN AND TOOMEY IV. OPEN PODIUM INVITATION V. PROCLAMATIONS / PRESENTATIONS A. AWARDS FOR POLICE PERSONNEL B. PROCLAMATION SUPPORTING LOCAL RESTAURANTS C. ACCEPT DONATION OF $5,400 FROM EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF TWO POLICE K-9 BALLISTIC VESTS (Resolution) VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2020 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2021 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY CITY COUNCIL AGENDA January 5, 2021 Page 2 TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION DESIGNATING DEPOSITORIES G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND MATT’S AUTO SERVICE FOR 2021 J. APPROVE USE OF $24,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION K. ADOPT RESOLUTION APPROVING SECOND SUBSTANTIAL AMENDMENT TO 2019 CDBG ANNUAL ACTION PLAN TO ALLOCATE ADDITIONAL $231,516 OF CDBG-CV FUNDS L. APPROVE CONTRACT WITH INDEPENDENT EMERGENCY SERVICES (IES) FOR 1 YEAR SERVICE MAINTENANCE AND MONITORING AGREEMENT FOR 911 PHONE SYSTEM M. ADOPT RESOLUTION APPROVING JPA AND COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENTS WITH CITY ON BEHALF OF POICE DEPARTMENT AND PROSECUTING ATTORNEY N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS O. APPROVE ONE-YEAR COMMUNITY GARDEN PLOTS LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) X. PUBLIC HEARINGS / MEETINGS A. TERREY PINE COFFEE by Java Companies. Resolution for Planned Unit Development Concept Review on 0.511 acres, First Reading of an Ordinance for PUD District with waivers and a Zoning Change from Office to HWY CITY COUNCIL AGENDA January 5, 2021 Page 3 Commercial on 0.511 acres (Resolution for PUD Concept and Ordinance for PUD District and Zoning Change) XI. PAYMENT OF CLAIMS XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIV. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution) B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2021 AND APPOINT ACTING MAYOR (Resolution) C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION H. APPOINTMENT TO I-494 CORRIDOR COMMISSION I. APPOINTMENT OF ASSISTANT WEED INSPECTOR J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS STEERING COMMITTEE XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA January 5, 2021 Page 4 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: January 1, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 5, 2021 ___________________________________________________________________________________________ TUESDAY, JANUARY 5, 2021 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS NARAYANAN AND TOOMEY IV. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. V. PROCLAMATIONS / PRESENTATIONS A. AWARDS FOR POLICE PERSONNEL Synopsis: Chief Greg Weber will recognize three awards received by Detective Mark Gustad and Analyst Ryan Kapaun for their work on an October 2018 home invasion burglary. B. PROCLAMATION SUPPORTING LOCAL RESTAURANTS C. ACCEPT DONATION OF $5,400 FROM EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF TWO POLICE K-9 BALLISTIC VESTS (Resolution) Synopsis: The generous donation from the Eden Prairie Crime Prevention Fund will pay for two K-9 ballistic vests for K-9s Jax and Gus. MOTION: Move to adopt the Resolution accepting the donation of ANNOTATED AGENDA January 5, 2021 Page 2 $5,400.00 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VII. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2020 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2021 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION DESIGNATING DEPOSITORIES G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND MATT’S AUTO SERVICE FOR 2021 ANNOTATED AGENDA January 5, 2021 Page 3 J. APPROVE USE OF $24,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION K. ADOPT RESOLUTION APPROVING SECOND SUBSTANTIAL AMENDMENT TO 2019 CDBG ANNUAL ACTION PLAN TO ALLOCATE ADDITIONAL $231,516 OF CDBG-CV FUNDS L. APPROVE CONTRACT WITH INDEPENDENT EMERGENCY SERVICES (IES) FOR 1 YEAR SERVICE MAINTENANCE AND MONITORING AGREEMENT FOR 911 PHONE SYSTEM M. ADOPT RESOLUTION APPROVING JPA AND COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENTS WITH CITY ON BEHALF OF POICE DEPARTMENT AND PROSECUTING ATTORNEY N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS O. APPROVE ONE-YEAR COMMUNITY GARDEN PLOTS LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) X. PUBLIC HEARINGS / MEETINGS A. TERREY PINE COFFEE by Java Companies. Resolution for Planned Unit Development Concept Review on 0.511 acres, First Reading of an Ordinance for PUD District with waivers and a Zoning Change from Office to HWY Commercial on 0.511 acres (Resolution for PUD Concept and Ordinance for PUD District and Zoning Change) Synopsis: The applicant is requesting approval to construct a drive through coffee shop at 16315 Terrey Pine Drive. The property is located just west of the Burger King site at the corner of Eden Prairie Road and Highway 5. The property is .511 acres or 22,274 square feet. The property is guided commercial and the applicant is requesting a rezone from Office to Hwy-Commercial. The applicant is requesting several PUD waivers. The current use on the property is an office building and associated parking. Adjacent uses include commercial to the west and south, industrial to the east and Highway 5 to the north. The applicant is proposing to demolish the existing office building and remove the associated site features to prepare the site for the proposed development. The proposed 950 square foot building is a newer prototype. The coffee business will provide drive through service, a walk up window, and online ordering and pick up. Indoor seating is not provided with this new prototype. MOTION: Move to: • Close the Public Hearing; and ANNOTATED AGENDA January 5, 2021 Page 4 • Adopt a Resolution for a Planned Unit Development Concept Review on 0.511 acres; and • Approve the 1st Reading of an Ordinance for Planned Unit Development District Review with waivers and a Zoning Change from Office to HWY-Commercial on 0.511 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIV. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution) Synopsis: This designation is required on an annual basis. The Eden Prairie News served Eden Prairie as the official newspaper for a total of 39 years and had published their final newspaper in April 2020. The Eden Prairie Sun Sailor (formerly Sun Current) was the official newspaper for Eden Prairie from 2003 through 2007 and for the remainder of 2020. MOTION: Move to adopt the Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2021. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2021 AND APPOINT ACTING MAYOR (Resolution) Synopsis: This resolution requires approval on an annual basis. MOTION: Move to adopt the Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2021 and appointing Council Member ______ as Acting Mayor. C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) Synopsis: This appointment requires approval on an annual basis. ANNOTATED AGENDA January 5, 2021 Page 5 MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ______ as Secretary for calendar year 2021. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) Synopsis: This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019. MOTION: Move to adopt the Resolution designating ______________________ as the Director and _______________________ as the Alternate Director to the Suburban Rate Authority. E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities. F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. MOTION: Move to approve appointment of _________ to the Municipal Legislative Commission. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Freiberg served on the Southwest Cable Commission since 2019. MOTION: Move to approve appointment of _________ to the Southwest Cable Commission. H. APPOINTMENT TO I-494 CORRIDOR COMMISSION ANNOTATED AGENDA January 5, 2021 Page 6 Synopsis: This appointment is approved on an annual basis. Council Member Aho served on the I-494 Corridor Commission from 2005-2020. MOTION: Move to approve appointment of _________ to the I-494 Corridor Commission. I. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Lauren Stufft is the City’s current Forestry Technician in the Parks and Recreation Department. MOTION: Move to appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) Synopsis: Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2020. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association. K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION Synopsis: It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2022. Council Member Narayanan held this position through 2020. The two-year term ending on December 31, 2021 is also vacant, previously held ANNOTATED AGENDA January 5, 2021 Page 7 by Council Member Aho. MOTION: Move to appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2022. Appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative to complete the two-year term ending December 31, 2021. L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS STEERING COMMITTEE Synopsis: Hennepin County established the Southwest Light Rail Transit (SW LRT) Community Works Project to formalize and expand early collaborations across jurisdictions within the SW LRT corridor. A Steering Committee was assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invited the City of Eden Prairie to appoint one elected official and an alternate to this Steering Committee. In 2020, Council Member Nelson served as the appointed member and Council Member Aho served as an alternate member. MOTION: Move to appoint ______________ to the Southwest LRT Community Works Project Steering Committee and _____________ as an alternate member of the Southwest LRT Community Works Project Steering Committee. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY ANNOTATED AGENDA January 5, 2021 Page 8 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE January 5, 2021 DEPARTMENT / DIVISION Police Chief Greg Weber ITEM DESCRIPTION Award for Police Personnel ITEM NO. V.A. Requested Action No action required Synopsis Chief Greg Weber will recognize three awards received by Detective Mark Gustad and Analyst Ryan Kapaun for their work on an October 2018 home invasion burglary. Background In late 2020, Detective Gustad and Analyst Kapaun have received two national awards and one statewide award for their work on this case. Attachments 1. Letter from the Minnesota Chiefs of Police Association 2. Letter from the Alcohol, Tobacco and Firearms 3. Letter from the U.S. Attorney General’s Office 4. Certificate from the U.S. Attorney General’s Office 5. PowerPoint with photos of awards 803 Old Highway 8 NW * Suite 1 * New Brighton, MN 55112 * 651.457.0677 * 800.377.4058 * www.mnchiefs.org February 13, 2020 Chief Greg Weber Eden Prairie Police Department 8080 Mitchell Road Eden Prairie, Minnesota 55344-2299 Dear Chief Weber: On behalf of your fellow law enforcement leaders, MCPA members and staff, I want to thank you for your dedication to Minnesota public safety. Since 1971, the Minnesota Chiefs of Police Association has set aside time each year to recognize police officers at agencies of all sizes in our state who best exemplify the highest ideals of our noble profession. We are proud to announce the 2020 MCPA Awards Committee has approved your nominees Detective Mark Gustad and Law Enforcement Analyst Ryan Kapaum of the Eden Prairie Police Department, for the Distinguished Service Award. We would like you to be the first to offer them congratulations. The Distinguished Service Awards will be presented at the Executive Training Institute’s Annual Statewide Awards Banquet on Tuesday evening, April 21 in the Glen Carlson Ballroom of the River’s Edge Convention Center in St. Cloud, Minnesota. The banquet begins at 7 pm with networking and cocktails starting at 6:30 pm. Each award recipient receives two complimentary tickets to the Awards Banquet. Please use this link to order tickets for the officers and their guests www.mnchiefs.org/banquet2020. Congratulations to Detective Gustad and Law Enforcement Analyst Kapaum and the Eden Prairie Police Department for receiving this award. We look forward to seeing you at the 2020 Statewide Awards Banquet. If you have any questions, please contact the MCPA headquarters at 651- 457-0677. Sincerely, Andy Skoogman Executive Director M INNESOTA C HIEFS OF P OLICE A SSOCIATION DEDICATED TO THE IDEALS OF PROFESSIONAL POLICING U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Assistant Director Washington, DC www.atf.gov 120000:EYR 2400 MEMORANDUM TO: Special Agent in Charge St. Paul Field Division FROM: Assistant Director Office of Public and Governmental Affairs SUBJECT: Notification of 2020 ATF Award Recipients On behalf of Acting Director Regina Lombardo and the entire Executive Staff, I am pleased to share with you that employees and partners in your field division have been selected to receive an ATF award for the Family Business case. Another recipient associated with the case was notified via their current directorate. The award recipients are listed below along with the award category. Director’s Internal Award Sara Thomas Honor Award Mark Gustad (External Recipient) Ryan Kapaun (External Recipient) The recipients and nominator(s) are copied on this memo and we convey our appreciation for their hard work and dedication in pursuit of ATF’s mission. Due to COVID-19, the 24th Annual ATF Awards Ceremony can be viewed virtually on Tuesday, August 31, 2020, at 10:30 a.m. The pre-recorded ceremony will be broadcast via a link on ATFConnect and will remain active after the posted date; partners who are recipients will be sent the link as well. Broadcast notifications of the ceremony and ceremony-related instructions for internal and external recipients will follow. Please contact Tara Chipman, Chief, Executive Secretariat at 202-648-7025 should you have any questions. Daniel L. Board, Jr. c: Recipient(s) Nominator Dear Chief Weber, U.S. Department of Justice United States Attorney District of Minnesota 600 United States Courthouse 300 South Fourth Street Minneapolis, MN 55415 October 5, 2020 Telephone: (612) 664-5600 Fax: (612) 664-5787 It is my privilege and pleasure to inform you that Mark Gustad and Ryan Kapaun have been selected to receive the 2019 United States Attorney's Office Law Enforcement Award. This award is in recognition of outstanding case work completed in calendar year 2019. Please feel free to inform the awardees and their respective supervisors of their selection. We will give direct notification to the awardees as well. While we unfortunately cannot gather in person this year to celebrate, we will be hosting a virtual ceremony on Thursday, October 29, 2020, beginning at 3 p.m. You will receive details about this virtual ceremony in the coming days. We thank you for your Office's service to the public and for your dedication to keeping our communities safe. If you have any questions about this year's ceremony, the selection process, or anything related, please feel free to reach out to me directly or to the Director of Community Affairs, Angie LaTour at Angella.LaTour@usdoj.gov. Very truly yours, Erica H. MacDonald United States Attorney District of Minnesota PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie, Minnesota recognizes the importance of local small businesses and the important contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are 31.7-million small businesses in the United States which employ 47.1% of the employees in the private sector; and WHEREAS, small businesses are critically important to the overall economic health of the United States, highlighting the impact of supporting local small businesses in communities like Eden Prairie; and WHEREAS, the City of Eden Prairie, Minnesota supports our local businesses that create jobs, boost our local economy and contribute to the vibrancy of our neighborhoods, and we remain committed to providing entrepreneurs and small business owners the support they need to thrive and grow, especially during the COVID-19 pandemic; and WHEREAS, the City of Eden Prairie, advocacy groups and public and private organizations, including the Eden Prairie Chamber of Commerce, support our restaurants and retail establishments that have adapted to the State of Minnesota’s COVID-19 health guidelines to keep their employees and customers safe. WHEREAS, many restaurants in Eden Prairie may begin reopening on January 11, 2021, including but not limited to: Applebee's Grill + Bar Eden Vietnamese Restaurant Original Pancake House Arby's El Burrito Mexican Grill Osaka Japanese Steakhouse & Sushi Asian Express Euro Grill Panera Bread Auntie Anne's Fat Pants Brewery Pasta Zola—Eden Prairie Aurelia's Five Guys Pei Wei Baker's Ribs Flying Dutchman Distillery Peoples Organic Café Bay Leaf Indian Cuisine Gina Maria's Pizza Pizza Hut Bobby and Steves Godavari Indian Restaurant Pizza Karma ITEM NO.: V.B. Bombay Pizza Kitchen Gogi Bros. House Pizza Lucé Bowlero Eden Prairie Great Mandarin Restaurant Pokebomb Bruegger's Bagels, 2 locations Greek Grill & Fry Co. Popeyes Louisiana Kitchen Buca di Beppo Italian Restaurant Green Mill Restaurant & Bar Potbelly Sandwich Shop Cafe Zupas House of Kai Punch Pizza Eden Prairie Campiello India Palace QDOBA Mexican Eats Caribou Coffee, 6 locations India Spice House & Grocery Rare Steak & Sushi Chalet Pizza Jet's Pizza Red Moon Chinese Cafe Champps Jimmy John's, 2 locations Red's Savoy Pizza China Wok Kona Grill - Eden Prairie Redstone Chipotle Mexican Grill Kyoto Sushi Rhody's Craft House and Grill Costco Food Court Leeann Chin, 2 locations Rusty Taco CRAVE American Kitchen & Sushi Bar Little Caesars Pizza Sbarro Crumb Gourmet Deli Lotus Leaf Restaurant Smashburger Culver's Lucky Inn Chinese Cuisine Smith Coffee and Café DAG DAG HALAL McDonald's Smokin Hottdish Dairy Queen Grill & Chill Melts & Burgers Subway, 4 locations Davanni's Pizza & Hot Hoagies Mi Pueblo Eden Prairie Taco Bell DELICIOSO TAQUERIA & CATERING Milio's Sandwiches Taste of Asia Detello's Pizza & Pasta Naf Naf Grill Tavern 4&5 Doc Popcorn Noodles and Company TequeArepa Domino's Pizza Old Chicago Wendy's DQ and Orange Julius Wildfire NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie declares January 12–18 “Support Eden Prairie Businesses Week” and encourages residents to show their appreciation and support of our local businesses. ADOPTED by the Eden Prairie City Council this 5th day of January 2021. Ronald A. Case, Mayor City of Eden Prairie CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE January 5, 2021 DEPARTMENT / DIVISION Police Chief Greg Weber ITEM DESCRIPTION Donation for Police K-9 Vests ITEM NO. V.C. Requested Action Move to: Adopt Resolution accepting the donation of $5,400.00 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. Synopsis The generous donation from the Eden Prairie Crime Prevention Fund will pay for two K-9 ballistic vests for K-9s Jax and Gus. Background The Eden Prairie Police Department has a long history of successful use of canine assistance and the vests will help to keep the K-9s safe in high risk situations. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift from Eden Prairie Crime Prevention Fund to the City in the amount of $5,400.00 to be used to fund the purchase of two police K-9 ballistic vests is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 1, 2020 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. EDEN PRAIRIE STATE DELEGATION WITH SENATOR CWODZINSKI, SENATOR FRANZEN, REPRESENTATIVE KOTYZA-WITTHUHN, REPRESENTATIVE ELKINS, AND REPRESENTATIVE PRYOR Mayor Case stated there is no specific agenda, but Council and Staff would like to hear from our legislators on what they hope to accomplish this next session and anything on the agenda pertaining to Eden Prairie. He stated we have been very fortunate to have our current legislators. Senator Cwodzinski stated the last Council workshop with legislators there was going to be a $1.5 billion surplus, and the economy was doing well. They adjourned on May 20 and have had six special sessions since. It has been a roller coaster year. The virus itself has been a very partisan issue. Today there is an estimated $600 million surplus, but it does not take into consideration inflation. Senator Franzen sends her regrets that she could not make tonight’s meeting. Case stated he wants to hear from each legislator first. He inquired about how they foresee the $600 million surplus being utilized. Representative Elkins stated he also has attended to listen to the City’s needs. It will not be an easy budget session this year. He is working on proposing some affordability items, healthcare pricing transparency, transportation items, and user charges for electric vehicles. The new committee structure was just announced, and he hopes to remain on the same committees. He is also carrying the bill again for funding for the I-494 Corridor Commission transportation management operations (TMO). City Council Workshop Minutes December 1, 2020 Page 2 Representative Pryor stated she has been following the Governor’s orders and she, along with many other legislators, continues to operate and work virtually. There has been a lot of fear and concerns around COVID-19. There is also a lot of concern about the healthcare industry with staffing and overrun facilities especially over the next few months. She is excited about the vaccines and how it will help matters. They will continue to work through divided government and continue to put pressure on the federal government to move items forward for assistance during the pandemic. Case added Council and Staff discuss prior to each meeting the best course of action, whether to conduct the meeting virtually, hybrid, or in-person. This is the first meeting they have gone all hybrid. The technology aspect was slightly challenging, but Staff were able to make it work. Council are looking at the possibility of being all virtual in January and February. City Council and Staff are not taking COVID-19 lightly. Representative Kotyza-Witthuhn echoes Pryor’s statements of thanks for conducting a hybrid meeting. Over the past nine months she has heard from many constituents on issues of childcare access and local childcare providers who are struggling. Her priorities would be to reallocate some of the federal funding towards childcare, childcare providers, and hospitality businesses to keep them running and open. The community restaurants and local gathering spaces bring so much value to the community. Some of her other priorities are aging in place. This includes strengthening the reverse mortgage application process so those who qualify can add on a third party. This is to make sure they are not missing property tax payments and are therefore forced into foreclosure. Case inquired if any of the legislators have any further updates prompted through others speaking. Elkins stated he is working on a side project with the League of Minnesota Cities (LMC) on an update of the open meeting laws. They are currently outdated and refer to old technologies and do not currently reference an electronic meeting. Case stated he would like to provide time for the Council to speak on their priorities, and if time permits after an open dialogue for questions and answers following. Case stated he would also like to acknowledge tonight is Council Member Aho’s last meeting, and there will be a farewell and more said at the televised Council meeting. Aho stated he appreciates the efforts of Representative Elkins and his work with the I-494 Corridor Commission. Along those lines, SouthWest Transit and the Metropolitan Council have been having conversations about services that may take over for SouthWest Transit. This would be a great loss for our community if we were to go with Metropolitan Transit. SouthWest Transit is looking at ways to be innovative. They are looking at ways to be the last mile for Southwest Light Rail Transit (LRT). Those who have to walk a little further from an LRT Station would be unlikely to utilize the services, especially during the winter months, without a connecting service. City Council Workshop Minutes December 1, 2020 Page 3 Elkins stated he has been following the Governor’s Blue Ribbon Council and there has been some discussion about potential changes. The group is very close to making its recommendations. He believes things should remain the same. He does not believe there will be significant changes in the suburban opt out model. Based on the Metropolitan Council’s analysis on ridership, the biggest decrease in services are the long haul suburban express routes. Generally those riders would be people who could work from home. Aho responded ridership from Eden Prairie to downtown is down 90 percent. He does not foresee ridership increasing back to pre-COVID levels anytime soon as many companies may continue with work from home models. SouthWest Transit Prime has become a primary focus. They are also continuing to look at autonomous vehicles, specifically in the Golden Triangle. Elkins noted SouthWest Transit is regionally recognized for its innovation. Aho added Prime MD is another service they are working on increasing. Prime MD is a scheduled ride service for medical appointments. Aho added to continue to keep funding in mind for the I-494 and 35W expansion. Freiberg inquired if there is any indication of repealing the Minnesota salary cap for local government officials. This is really strapping cities in Minnesota as Minnesota is the only state in the nation with this type of policy. Elkins replied he is very strongly in favor of this and would carry this bill if no one else will. Pryor stated this would likely need statewide support. Case added this is also part of the Municipal Legislative Committee (MLC) priorities. Freiberg inquired what the Senate’s position is. Senator Cwodzinski stated he does not recall this bill coming before the Senate last year. He inquired what a comparable amount or solution would be. Getschow noted it would be a more adequate comparison from state to state. This does not apply to school superintendents. Nelson stated she agrees with working towards repealing the salary cap. She also has concerns about many people potentially having to from their current living situation because of a low income. There are currently provisions in place, but those will not last and Federal deadlines are about to change. Kotyza-Witthuhn noted Minnesota Housing Partnership has a proposal they are working on and is in the process of asking to continue the eviction moratorium. Elkins noted they did appropriate $100 million in rent relief to be distributed through community organizations. Nelson added her other priorities would be assistance for small businesses and childcare. Pryor added the housing proposal is called Bring it Home Minnesota. She has been getting emails from constituents supporting this proposal. The idea is to shore up the safety net so people are not missed. Nelson added she would also be in support of energy efficiency, specifically working towards saving money long term without cutting back on services. Narayanan stated with many working from home and doing distance learning, there is a higher demand for broadband. He inquired if there are conversations about increasing the quality of the services available. Another priority is to encourage people to purchase electric City Council Workshop Minutes December 1, 2020 Page 4 vehicles. In order to achieve our City goals of being carbon neutral in 2050, there needs to be greater support from the State. Elkins stated there is currently a series of webinars taking place about electric vehicles in Minnesota. Pryor inquired how the City has been handling the negotiation of City property to expand 5G capabilities. She inquired if cities are still getting fair compensation for public space. Getschow noted Council and Staff did see the items in the online chat. There will be an additional splash pad added at Nesbitt Park. Lotthammer stated Nesbitt Park was primarily chosen because it is an underserved location in the City. Getschow stated, in regards to 5G, at the time there was a lot of concern about regulating right-of-way. The last two years have been very quiet in regards to construction of smaller towers. The City has yet to see an application. Case stated he echoes the Council Members concerns. He supports assistance for small businesses and restaurants. The Council and City does not want to lose restaurants, small businesses, and its current amenities. The next three to four months will be critical. He wants to highlight the priority of preserving local authority, as stated in the MLC priorities, particularly the land use decisions and zoning and regulatory control. He encourages the legislators to support local authority. He inquired if there are any remaining questions or statements from the legislators. Cwodzinski stated the electric and autonomous vehicles SouthWest Transit is working on is inspiring. He appreciates Staff and Council and their continued willingness to meet and answer questions. Representative Kotyza-Witthuhn inquired about the impacts to the Community Center initiatives going into the new year. Representative Pryor stated the last mile of LRT is going to be important, and there will be many aspects that make it attractive. She would appreciate continued conversations throughout this process. Additionally, the redistricting will be happening again shortly, and there will be an opportunity for public comment on the process. The priority is to make it an open and transparent process. Elkins stated the I-494 Corridor Commission funding bill has already been drafted and will be introduced later this month. Aho expressed his thanks. Nelson stated there have been many concerns from residents in the metropolitan about internet access in greater Minnesota when connecting with relatives and loved ones. City Council Workshop Minutes December 1, 2020 Page 5 Case expressed his thanks to the legislators for all their work. Getschow noted in the bonding bill Edina received funds for a public safety facility. This is also owned by Eden Prairie and will be a big assistance for public safety and training. Thank you all for your support. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. CARI LARSEN Cari Larsen, 17971 Evenson Road, stated she was disheartened after the last City Council meeting when the race and equity consultant contract was removed from the agenda. She wanted to speak in support of contract. It is important to understand how racism is impacting the Eden Prairie community and to determine the actions that need to be taken. She asks the Council to approve the contract at tonight’s meeting. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 1, 2020 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, Finance Supervisor Tammy Wilson, Police Chief Greg Weber, Fire Chief Scott Gerber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All City Council Members were present. Case explained the City Council has had various formats for Council meetings during the COVID environment. This is the first meeting of the City Council where we are running a hybrid meeting with Council Member Nelson as home and the other Council Members and City staff present in the Council Chamber. This format will probably continue until at least January and February, 2021. We are trying to keep the public, the Council Members and City staff safe. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A.1. Case added Item XIV.A.2. MOTION: Aho moved, seconded by Freiberg, to approve the agenda as amended. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VI. MINUTES A. SPECIAL CITY COUNCIL MEETING HELD FRIDAY, NOVEMBER 13, 2020 B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 17, 2020 CITY COUNCIL MINUTES December 1, 2020 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 17, 2020 MOTION: Narayanan moved, seconded by Aho, to approve the minutes of the Special City Council meeting held Friday, November 13, 2020, the Council workshop held Tuesday, November 17, 2020, and the City Council meeting held Tuesday, November 17, 2020, as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2020-101 DESIGNATING POLLING PLACES FOR 2021 C. ADOPT RESOLUTION NO. 2020-102 ACCEPTING VARIOUS DONATIONS AND IN-KIND CONTRIBUTIONS D. APPROVE CONTRACT WITH TECH-ACUMEN FOR DEVELOPMENT OF LIQUOR OPERATIONS ECOMMERCE WEBSITE E. AWARD CONTRACTS FOR 2021 WATER TREATMENT CHEMICALS F. AWARD CONTRACT TO LAKETOWN ELECTRIC CORPORATION FOR PRAIRIE CENTER DRIVE RAILING AND LIGHTING REPLACEMENT G. APPROVE LOCAL WATER MANAGEMENT PLAN UPDATE H. APPROVE AGREEMENT WITH HTPO FOR MARTIN DRIVE TRAIL CONSTRUCTION AND EASEMENT DOCUMENTS I. AWARD CONTRACT TO ANCOM COMMUNICATION FOR MOTOROLA ENCRYPTION SOFTWARE FOR FIRE RADIOS MOTION: Nelson moved, seconded by Narayanan, to approve Items A-I on the Consent Calendar. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 18-2020 APPROVING 2021 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2020-103 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES December 1, 2020 Page 3 Getschow stated this item is to approve first and second reading of the ordinance for our 2021 fee schedule. These are fees established by City ordinance. Many of the fees are related to building permits, development fees, and land use permit fees. We publish notice of the public hearing and include the proposed fees in the Council packet and on the website. There were no comments from the audience. MOTION: Aho moved, seconded by Freiberg, to close the public hearing; to approve first and second readings of Ordinance No. 18-2020 updating the Fee Schedule for administration of official controls; and to adopt Resolution 2020-103 approving the Summary for Publication. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” B. 2021 FEE RESOLUTION NO. 2020-104 FOR CITY SERVICES (RESOLUTION NO. 2020-104) Getschow explained this item is for approval of fees we establish by resolution. These are business fees or fees for services such as Parks and Recreation programs, rental of City facilities, and costs for cemetery plots. The fees are designed to recover the costs related to the services. He emphasized staff does make sure we are not out of line with our peer cities. There were no comments from the audience. MOTION: Narayanan moved, seconded by Aho, to close the public hearing, and to adopt the 2021 Fee Resolution No. 2020-104. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” C. RESOLUTION NO. 2020-105 APPROVING 2021 TO 2030 CAPITAL IMPROVEMENT PLAN Case observed the Council has done a lot of work on the Capital Improvement Plan (CIP) and has had a lot of meetings, some of which were held quite recently. Getschow explained the CIP is something we do every two years which covers the next ten years of the City’s capital costs on every capital item valued over $20,000. We have already prepared a draft plan and will publish the plan on the website upon approval. He noted we are not required to hold a public hearing about the CIP but we will take any public comment tonight. Sue Kotchevar, Finance Director, gave a PowerPoint presentation about the 2021-2030 Capital Improvement Plan. She explained the objectives of the CIP and announced the total amount of the 2021-2030 CIP is $299,434,062. She reviewed the value of the projects by each City Division and summarized the funding sources for the plan. She addressed several public works projects planned, including the costs for improvements CITY COUNCIL MINUTES December 1, 2020 Page 4 to Scenic Heights Road, Dell Road, Duck Lake Road, the ground storage reservoir and pump station, the water meter change out, Wells 17 and 18, and many other projects. She reported the plans for pavement management of the over 235 miles of City streets, the projects planned for Parks and Recreation, the public safety projects, and the sustainability projects. She announced Eden Prairie has a Aaa bond rating from Moody’s Investors Service and a AAA rating from Standard and Poors. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to adopt Resolution No. 2020-105 approving the 2021 to 2030 Capital Improvement Plan. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” D. RESOLUTION NO. 2020-106 CERTIFYING 2021 PROPERTY TAX LEVY, ADOPTING 2021 BUDGET AND APPROVING 2021 HRA TAX LEVY Tammy Wilson, Finance Supervisor, and City Manager Getschow gave a PowerPoint presentation addressing the 2021 property tax levy and the 2021 budget. Ms Wilson reported the 2021 City budget is $53,000,000, and the tax levy is $38,700,000. She noted the budget presented tonight is the second year of our two-year budget. She announced the City has a balanced budget, and there is a 3% increase in General Fund revenue this year. They expected a $1.3-$1.5 million shortfall but in June the City received about $4.7 million in CARES Act funding and used some of that funding to cover decreases in fee revenue. She reviewed the General Fund expenditure highlights which included a 3.8% increase for wages and one additional police officer for the last half of 2021. There will be a 3.2% increase in the property tax levy; however, a median value home will have a 0.3% decrease over 2020. Getschow emphasized the importance of understanding we are talking about a decrease in our tax rate and a decrease in taxes for a median value home that actually went up in value this year. He reviewed the two-year process that occurs when the budget is being formulated. The current budget was based on the results of our community survey conducted two years ago. Public safety was a highlight in the survey as were our parks and recreation facilities and programs and the environment. Housing affordability was identified as a problem area. He reported the goals set for the 2021 budget: community well-being and safety; high quality efficient services; preserved and beautiful environment; a sense of community; innovative and sustainable practices; and economic vitality. He stated the 2020 City tax levy places Eden Prairie as 3rd lowest among our peer cities. He pointed out Eden Prairie is the third largest contributor to the fiscal disparities program. Without the City’s required contribution to fiscal disparities funding, the 2020-2021 residential property tax for a median value home would be 7.0% less than it is now. CITY COUNCIL MINUTES December 1, 2020 Page 5 There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Case thought there were a lot of good numbers presented, and the staff has done a great job during the past year. We are ending the year in a pretty good state. He believed there is no better reflection of the personality of a community than the budget. The budget represents the community’s principles, passions and values. Narayanan noted the good report has come about primarily because of the hard work of staff during this difficult time. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2020-106 certifying the 2021 Property Tax levy to be $41,014,490; to approve the 2021 Budget of $53,055,474 as reviewed by the Council; and to approve the HRA tax levy and budget of $200,000. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Review Summary Case explained under State regulations for Minnesota cities, Eden Prairie operates as a statutory, Plan B city. As a Plan B city we hire a City Manager who then hires the other employees of the City. We conduct an annual review of our City Manager and establish his salary. He read a statement summarizing the findings of the City Manager’s review and quoting some of the comments from individual Council Members regarding City Manager Getschow’s performance. He reviewed the goals set for the City Manager in the coming year. The Council discussed the City Manager’s salary, which is limited by the State of Minnesota CITY COUNCIL MINUTES December 1, 2020 Page 6 to a percentage of the Governor’s salary. The Council’s decision was to increase his salary retroactively for 2020 up to the salary cap of $185,457, and to provide him with additional hours of paid PTO to be placed in a dedicated account which cannot be converted to cash until he leaves the City. The total compensation package for 2020 is $190,000. For 2021 his salary will be set at the new salary cap to be set by the Minnesota legislature, with an additional PTO bonus to reach a total compensation package of approximately $205,000. MOTION: Nelson moved, seconded by Narayanan, to increase retroactively the City Manager’s salary for 2020 to $185,452 and to provide an additional 56 hours of paid PTO in a dedicated account for a total compensation package of approximately $190,000, and for 2021 to increase his salary 1.2% to $187,678 and to provide an additional 192 hours of paid PTO in the dedicated account for a total compensation package of approximately $205,000. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” 2. Thoughts on Final Council Meeting—Council Member Aho Aho expressed it was hard to believe this is his last City Council meeting after serving for 16 years. He was humbled and honored the people of Eden Prairie have elected him four times to the Council. We have had many visionary leaders that have built our community which we have been able to add to during his tenure. We have made many improvements in infrastructure as well as development and redevelopment projects which added many jobs to our City. He has been involved in many transportation projects that affected Eden Prairie. Many services and innovations were added to SouthWest Transit while he served on that body. He has been so impressed by the caliber of the people here in Eden Prairie. We receive donations from groups and individuals at almost every City Council meeting. We have many great service organizations here, and the faith community is especially strong. He will miss the people he has worked with the most and has enjoyed working with everyone on the City Council. It has been a joy to work with City staff. He thanked Rick Getschow for all he and the staff do to make us the best city in which to live in the nation. 3. A Farewell to Council Member Aho—Mayor Case Case read a proclamation proclaiming December 1, 2020 as Brad Aho Day in the City of Eden Prairie and thanking Council Member Aho for his service to the City. Nelson thanked Council Member Aho for the hours he spent on the I-494 Corridor Commission and all the time spent on the various transportation groups. Everyone will miss him. Narayanan commented he has known Council Member Aho for ten years, and CITY COUNCIL MINUTES December 1, 2020 Page 7 Brad was the one who appointed him to the Human Rights and Diversity Commission. Council Member Aho’s contributions to transportation have been amazing, and we will miss him. Freiberg related how he spent two years attending City Council meetings as a member of the audience prior to being elected to the Council in 2018. At those Council meetings he watched and took notice as he came to know Council Member Aho as a friend and as a confident man of integrity and courage. He learned from Council Member Aho and will miss him as a colleague. Case said he has shared 14 of the 16 years Council Member Aho has been on the Council. They have attended over 250 City Council meetings together and many other meetings and official gatherings during that time. He noted the two of them have consistently disagreed on some issues; however, 99% of the time both have voted to improve the community in many ways. On behalf of all the residents of Eden Prairie, he wanted to officially recognize the positive contributions Council Member Aho has made to the City of Eden Prairie. 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 XV. OTHER BUSINESS A. AWARD CONTRACT TO DEYOUNG CONSULTING SERVICES FOR RACE AND EQUITY CONSULTATION (taken out of sequence after Item XIV.A.1.) Getschow stated at the City Council meeting in June the Council Members asked him to work with the Human Rights and Diversity Commission (HRDC) and to come back with some thoughts and a plan related to racial equity. He recounted the presentation he gave at the next Council meeting after that which outlined six areas of inquiry. Three of the areas covered the operations of the City; the other three areas were more community-wide and had to do with how people feel connected, what their experience is in Eden Prairie, and how future leaders can be developed in Eden Prairie. One component of that involved some consulting services. The project that was presented at that time was to be led by the HRDC with some assistance from a consultant. The CITY COUNCIL MINUTES December 1, 2020 Page 8 HRDC Chair, the HRDC staff liaison, the H.R. Manager and he interviewed four different firms who provide service that would supplement what the HRDC planned. The proposal for the consulting work has been in the City Council packet for the last two meetings. The majority of the $49,000 cost is split, with half to be used to facilitate the community conversation and the other half for data analysis, best practice analysis and reporting. The HRDC has begun their work and have had two or three meetings where they formed subcommittees to cover the areas. The consultant would come in during the next month or so to provide assistance. The work the consultant will do is broken down by hours and that could be altered if necessary. The HRDC and staff felt some third party expertise would help to put together a plan in 2021. Case noted the Council pulled this item from last month’s meeting in order to talk about it together. Freiberg explained during the meeting last time he wanted to know the purpose for spending this money and clarification of what we are trying to accomplish. After filling in some of the blanks regarding the plan, he would like to go ahead with it. Aho noted it is helpful to hear how the money will be spent. He, personally, felt the City of Eden Prairie has done an exemplary job of making sure we are not doing anything that is racist, and we have lived by the principles of the Eden Prairie Manifesto since before he was elected in 2004. We have done a great job trying to make sure we are not judging anyone by racial standards. If we are going to spend $49,000, he would prefer to see the money spent to further work on a plan to deal with individuals in the community. He did understand the HRDC would like some assistance, so he could go along with the proposal. Narayanan believed the proposal is very detailed, and we did ask the HRDC to look at this. Looking at all the different things they are going to do, it would be difficult for the HRDC and staff to do the work themselves, so he personally believed we do need the help. He thought it is important because someone from the outside who is unbiased can help to open up things we may not be aware of. He approved the expenditure. Nelson thought as a city we follow the principles of the Manifesto, and we have a responsibility to make sure those principles are respected for everybody. She was in favor of the proposal. We have asked the HRDC to do a job, and she believed this proposal would help them accomplish that. Case reported he pulled some data off the internet regarding systemic racism that shows how perceptions can be so different depending on the color of one’s skin. He asked his African American friends what their first thought was when a police officer comes up behind them in their car. 100% of those friends said their first thought was they were going to be shot. As a white person, that is certainly not his own response in such a situation. Other data included the fact that black women are two to three times more likely to die during childbirth. Black people are more likely to be turned down for mortgages and are much less likely to own homes. Black families have 90% less wealth CITY COUNCIL MINUTES December 1, 2020 Page 9 than white families. He would like to find out what might be happening with our black and brown residents that we, as white Americans, may not be aware of. We really need to hear the voices of everyone, and he thought it takes an outside group to do that. The work proposed by the consultant includes getting the right people to the table, and this is their area of expertise. We get expert help in many other areas of City business and bring in consulting firms to help us do our job for many other projects. MOTION: Narayanan moved, seconded by Nelson to authorize entering into a contract with DeYoung Consulting Services for Race and Equity Consultation from November, 2020 through August, 2021 at a cost not to exceed $49,900. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XVI. ADJOURNMENT MOTION: Aho moved, seconded by Freiberg, to adjourn the meeting. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Mayor Case adjourned the meeting at 8:37 pm. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: IX.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below 2021 Renewal Licenses On-Sale and Sunday Liquor Mi Pueblo Dos, LLC DBA: Mi Pueblo Mexican Restaurant Commercial Kennel Dog Camp Inc DBA: Camp Bow Wow Eden Prairie 10100 Viking Drive #200 Kingdale Kennels, Inc 6574 Flying Cloud Dr Paws LLC DBA: Paws Doggy Daycare 6340 Industrial Dr #100 PetSmart, Inc #458 DBA:PetsHotel 11200 Prairie Lakes Dr Wag ‘n Woofs, LC 7071 Shady Oak Rd Private Kennel Becky Beiersdorf 6961 Raven Court Andrew & Cindy Costigan 9980 Dell Road Joanne Jantson 14131 Westridge Drive Michael Kelley 8575 Big Woods Lane Reid & Jeanne Mandel 10541 East Riverview Road Frank & Lyndy Newcomb 6721 Lochanburn Road Nancy Parker 7402 Bittersweet Drive Michael & Elaine Perry 9618 Portal Drive Robert & Lorraine Stanton 16427 South Manor Road Annette & John Thayer 9263 Preston Place CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of City Manager Administration ITEM DESCRIPTION: Designate Official Meeting Dates, Times and Locations for Board & Commission Meetings ITEM NO.: IX.B. Requested Action Move to: Adopt Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2021. Synopsis The schedule of regular meetings for the City’s Boards and Commissions is established by the City Council on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-02 A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2021 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the Eden Prairie Center mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail; and BE IT RESOLVED, in accordance with the requirements of Minn. Stat. § 13D.021, the Mayor and City Manager have determined that full in-person meetings are not practical or prudent due to the COVID-19 health pandemic and emergency declaration under Minnesota Statutes Chapter 12; and BE IT RESOLVED, that meetings for 2021 will be conducted by telephone or other electronic means, or by a combination of in-person and telephone or other electronic means, until the Mayor or City Manager determine that full in-person meetings are practical and prudent; and BE IT RESOLVED, that some or all members of City Boards and Commissions may participate in the meetings by telephone or other electronic means pursuant to Minn. Stat. § 13D.021; and BE IT RESOLVED, that members of the public may participate remotely in any meeting held in whole or in part by telephone or other electronic means and information about remote participation can be found on the City’s website or by contacting the City Manager’s office; and BE IT RESOLVED, that members of the public may monitor all televised meetings remotely by viewing on EPTV, the City’s cable government access channel, or by streaming live at edenprairie.org/CityTV and facebook.com/CityOfEdenPrairie; Board / Commission Scheduled Meeting Dates Local Board of Appeal and Equalization Thursday, April 8 and Tuesday, April 27 Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, July, and October) Heritage Preservation Commission 3rd Monday (2nd Monday of January; 1st Monday of Board / Commission Scheduled Meeting Dates February as a joint meeting with PRNRC) Human Rights & Diversity Commission 2nd Thursday Parks, Recreation & Natural Resources Commission 1st Monday (2nd Monday of July and September) Planning Commission 2nd and 4th Mondays (No meeting on 4th Monday of December) Sustainability Commission 2nd Tuesday ADOPTED by the Eden Prairie City Council this 5th day of January 2021. ______________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Authorize Treasurer or Deputy Treasurer to Invest City of Eden Prairie Funds ITEM NO.: IX.C. Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Authorize Treasurer or Deputy Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie ITEM NO.: IX.D. Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Authorize City Officials to Transact Banking Business ITEM NO.: IX.E. Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Designate Official Depository ITEM NO.: IX.F. Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Authorize Use of Facsimile Signatures by Public Officials ITEM NO.: IX.G. Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Ronald A. Case, Mayor Rick Getschow, City Manager Susan Kotchevar, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar Finance ITEM DESCRIPTION: Authorize Payment of Certain Claims by Finance Department Without Prior Council Approval ITEM NO.: IX.H. Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance division without prior Council approval. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE January 5, 2021 DEPARTMENT / DIVISION Police, Chief Greg Weber ITEM DESCRIPTION Approval of 2021 Towing Services Agreement ITEM NO. IX.I. Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Matt’s Auto Service. Synopsis This agreement for towing services will provide consistency of towing services and costs. Background For 55 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 including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff and State Patrol. This is a renewal of the 2020 agreement. There has been a slight increase for 2021 in towing and storage costs. This is only the second time in six years Matt’s Auto has raised their rates. Attachment Agreement 6 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 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 5, 2021, and terminate on January 15, 2022 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: Greg Weber, Chief of Police Email: gweber@edenprairie.org If to Buyer: Matt’s Auto Service, Inc. 6282 Industrial Drive Eden Prairie, MN 55346 Attn: _______________________________ Email: ______________________________ Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director; Jeanne Karschnia, Housing and Community Services ITEM DESCRIPTION: Approve Use of $24,000 in CDBG –CV CARES Act Funds for Homeless Prevention ITEM NO.: IX.J. Requested Action Move to: Approve the use of $24,000 in Community Development Block Grant Coronavirus (CDBG-CV) funds for People Reaching Out to People (PROP) to address the housing needs of Eden Prairie residents affected by COVID-19. Synopsis PROP has received increased requests for assistance to cover late rent payments, prevent non-renewal of leases and ensure housing stability for families adversely affected by COVID-19. PROP was allocated $50,000 in CDBG-CV funds in May 2020 to address the housing needs of Eden Prairie residents affected by COVID-19. A second spike in infections, high volumes of Unemployment Insurance benefits ending in December and further new lay-offs in key businesses (e.g. restaurants/hospitality) has created additional hardship for PROP’s client base and additional funds are needed. Background Information The U.S. Department of Housing and Urban Development (HUD) announced that the City of Eden Prairie has been allocated $399,571 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). PROP’s original allocation of $50,000 was approved by the city council on May 5, 2020. Attachment PROP Request Letter 14700 Martin Drive Eden Prairie MN 55344 | 952.937.9120 | fax 952.975.0662 952-937-9120 | www.propfood.org | prop@propfood.org December 3, 2020 Jeanne Karschnia CDBG Coordinator Housing & Community Services City of Eden Prairie Dear Jeanne, I am writing in follow up to our conversation about requesting further CDBG-CV funds for the PROP Homelessness Prevention Program. As you are aware, PROP has received increased requests for assistance to cover late rent payments, prevent non-renewal of leases and ensure housing stability for families adversely affected by COVID-19. We have served 24 households with CDBG-CV funds since May and have just over $3,000 left from the $50,000 granted to PROP. The second spike in infections, high volumes of Unemployment Insurance benefits ending in December and further new lay-offs in key businesses e.g. restaurants/hospitality has created additional hardship for PROP’s client base. PROP would like to request an additional $24,000 for providing homelessness prevention assistance through June 2021 so that 8-10 families directly affected by COVID and facing housing crises can remain stably housed. Once again, we are very appreciative of the Council’s consideration during this extremely challenging time in our community. Sincerely, Janet Palmer Janet Palmer Executive Director People Reaching Out to People (PROP) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director; Jeanne Karschnia, Housing and Community Services ITEM DESCRIPTION: Community Development Block Grant Coronavirus (CDBG-CV) Funding ITEM NO.: IX.K. Requested Action Move to: Adopt Resolution approving the Second Substantial Amendment to the 2019 CDBG Annual Action Plan to allocate an additional $231,516 of Community Development Block Grant Coronavirus funds. Synopsis The U.S. Department of Housing and Urban Development (HUD) has announced that the City of Eden Prairie has been allocated $231,516 in the third round of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). CARES Act allocations of Community Development Block Grant Coronavirus (CDBG-CV) funds are to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs. The City of Eden Prairie has developed a Second Amendment to their 2019 CDBG Action Plan for the use of these CDBG-CV funds, and held a public comment period of December 28, 2020 to January 5, 2021, to obtain the views of citizens on the second substantial amendment. Attachments CDBG-CV Resolution Second Amendment to 2019 CDBG Annual Action Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION AMENDING THE EDEN PRAIRIE 2019 ANNUAL ACTION PLAN TO ALLOCATE $231,516 OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) FUNDS WHEREAS, the City of Eden Prairie (“City”), as an entitlement community, participates in the Community Development Block Grant Program; and WHEREAS, in April 2020, the City was allocated $168,055 of Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The City approved a substantial amendment to its 2019 CDBG Annual Action Plan on May 5, 2020 for the use of these CDBG-CV funds; and WHEREAS, in September 2020, the City was allocated an additional $231,516 in CDBG-CV funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs. The City has developed a second substantial amendment to its 2019 CDBG Annual Action Plan for the use of these additional CDBG-CV funds, and held a public comment period of December 28, 2020 to January 5, 2021, to obtain the views of citizens on the second substantial amendment. NOW, THEREFORE, BE IT RESOLVED that the PY 2019 Second Substantial Amendment to the City’s 2019 Annual Action Plan, allocating up to $231,516 in CDBG-CV funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, is approved. This action is consistent with the requirements applicable to a substantial amendment as defined in the Hennepin County Consortium Consolidated Plan 2015-2019. BE IT FURTHER RESOLVED that the City Manager is authorized to execute on behalf of the City, the Application for Federal Assistance, Form SF424 submitted with the Second Substantial Amendment to the 2019 Action Plan, the HUD Funding/Approval form and all Certifications and other documents required in connection therewith. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2021. __________________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk City of Eden Prairie PY 2019 CARES Act Second Substantial Amendment Item Description: Amend the Eden Prairie 2019 Annual Action Plan to allocate $231,516 of Community Development Block Grant Coronavirus (CDBG-CV) funds provided to the of City of Eden Prairie to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs. The office of Housing and Urban Development (HUD) has announced that the City of Eden Prairie has been allocated $231,516 in the third round of CARES Act allocations of Community Development Block Grant Coronavirus (CDBG-CV) funds. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act made available $5 billion nationwide in Community Development Block Grant Coronavirus (CDBG-CV) funds. Resolution: BE IT RESOLVED, that Second Substantial Amendment to the City of Eden Prairie 2019 Annual Action Plan, allocating up to $231,516 in CDBG-CV funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), to public service activities, consistent with the requirements applicable to a substantial amendment as defined in the Hennepin County Consortium Consolidated Plan 2015-2019, be approved. Background: History: The Eden Prairie City Council approved the 2019 Eden Prairie Annual Action Plan on March 5, 2019 via Resolution 2019-40. The Annual Action Plan is prepared to meet the statutory planning and application requirements for the receipt and use of Community Development Block Grant (CDBG) funds from HUD. Each year the city is required to submit an Annual Action Plan, which constitutes the city’s formal application to HUD for its CDBG allocation, indicating how the city plans to use the funds it will receive during the upcoming program year to address the priority needs identified in the five-year Consolidated Plan. The Five-Year Plan defines a substantial amendment to a previously approved Annual Action Plan as any action that: 1) Increases or decreases the amount awarded to an activity by a minimum of $100,000 and is 50 percent or more of the original budget, 2) Changes the purpose, scope or intended beneficiaries of an activity; or 3) Creates a new activity. This change constitutes a substantial amendment as it increases or decreases the amount awarded to an activity by a minimum of $100,000 and it creates new activities, and as a result it must be approved by the Eden Prairie City Council. The City published notice in the Sun Sailor on December 24, 2020 for a 5-day public comment period. The city received a waiver from HUD to shorten the required 30 day comment period to 5 days. This waiver was offered by HUD as part of the CARES Act. Current Request: This request is for approval of the Second Substantial Amendment to the City of Eden Prairie 2019 CDBG Annual Action Plan allocating $231,516 of CDBG-CV funds to the following activities: 1) Emergency Housing Support 2) Emergency Food Support 3) Homeless Prevention 4) Emergency Equipment 5) Senior Services 6) Mental Health Services 7) Youth Services 8) Medical Services 9) Non-profit Rehab and 10) Program Administration. Impact/Outcomes: The allocation of the third round of $231,516 in CDBG-CV funds to be used to prevent, prepare for, and respond to the coronavirus through these emergency public service activities, rehab and program administration will facilitate the emergency assistance to low and moderate income Eden Prairie residents whose lives have been affected by the Coronavirus. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Chief Scott Gerber ITEM DESCRIPTION: Approve Agreement to purchase Vesta 911phone system support from Independent Emergency Service (IES) for Dispatch 911 system. ITEM NO.: IX.L. Requested Action Move to: Approve Contract for Goods and Services with Independent Emergency Services (IES) for 1 year service maintenance and monitoring agreement. Synopsis The Fire Department handles contracting for a variety of services related to maintenance of Eden Prairie Dispatch Center. This agreement will help maintain our current 911 Phone system. The Fire Department recommends accepting the quotation from Independent Emergency Service in the amount of $22,511.80. The list of equipment provided by IES is identified in its quotation. Dollar amount will come from our 911 fund. Attachments Quotation from Independent Emergency Service (IES) Contract for Goods and Services Quotation Quote Date:7/20/2020 Quote #:IES75698A Customer Information Organization:Eden Prairie Police Deptment Contact:Mark Vandenberghe IES Contact Information Contractor:Independent Emergency Services (IES) Contact:John Olsen Contact:Robert Madich Phone:(320) 234-5231 Phone:(320) 234-5247 E-Mail:john.olsen@ies911.com E-Mail:robert.madich@ies911.com Qty.Part No.Description Unit Price U/M Total VESTA® 9-1-1 Servers 2 04000-68005-RNWL V-SVR BASIC RNWL SPT 1YR $118.75 EA $237.50 VESTA® 9-1-1 Basic Operations 4 SS-0SQ-VSSL-1Y SPT VS BSC 1YR $1,300.00 EA $5,200.00 VESTA® 9-1-1 IRR Module 4 809800-35110 V911 IRR SW SPT 1YR $235.00 EA $940.00 Peripherals & Gateways 2 04000-00176 SW SPT ANALOG GATEWAY 1YR $75.00 EA $150.00 VESTA® Analytics Lite - Multi Product Purchase 4 SA-SSG-ALSL-1Y SPT V-ANLYT LITE 1YR $130.00 EA $520.00 Monitoring & Response (M&R): Activation Fee Note: M&R Activation Fees will apply if M&R services are disabled prior to receipt of a PO for the M&R support renewal. 1 809800-14150 M&R ACT FEE, SMALL SITE $2,125.00 EA Optional Monitoring, PM & AV Service: Servers 2 809800-16361 M&R PM AV SVR SRVC 1YR $1,673.75 EA $3,347.50 VESTA® 9-1-1 Support Independent Emergency Services, LLC, 235 Franklin St. SW, Hutchinson, MN 55350 (800) 922-8148 FAX (320) 234-5224www.ies911.com Quote is valid for 120 days. EXHIBIT A Quotation Monitoring, PM & AV Service: Workstations 6 809800-16377 M&R PM AV WKST SRVC 1YR $675.00 EA $4,050.00 Monitoring & Response (M&R) Support: IP Devices 2 809800-16343 M&R IP DEVICE SRVC 1YR $450.00 EA $900.00 8 809800-16343 M&R IP DEVICE SRVC 1YR $450.00 EA $3,600.00 VESTA® 9-1-1 Support Subtotal 18,945.00$ Qty.Part No.Description Unit Price U/M Total IES TLabor Support 1 IESMAINT01 IES 24X7X365 MAINT 1 YR $3,566.80 EA $3,566.80 IES Labor Subtotal $3,566.80 VESTA® 9-1-1 Support Subtotal $18,945.00 IES Labor Subtotal $3,566.80 GRAND TOTAL $22,511.80 Quote Summary IES Labor Independent Emergency Services, LLC, 235 Franklin St. SW, Hutchinson, MN 55350 (800) 922-8148 FAX (320) 234-5224www.ies911.com Quote is valid for 120 days. 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 5th day of January, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Independent Emergency Services, LLC, a Minnesota corporation (hereinafter "Vendor") whose business address is 235 Franklin St. SW, Hutchinson, MN 55350. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or 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 goods and/or services by Vendor for Vesta 911 telephone system support and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 31, 2021. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Twenty Two Thousand Five hundred Eleven and 80/100 Dollars ($22,511.80) as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated themselves (Independent Emergency Service) to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor 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. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor 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 Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor 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. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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. 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor 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. 21. 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. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor 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 Vendor 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 Vendor 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 Vendor 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. 24. 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. 25. 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. 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. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor 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. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor 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 Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager INDEPENDENT EMERGENCY SERVICES LLC By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Greg Weber, Police Chief ITEM DESCRIPTION: Resolution approving Joint Powers Agreement and the Subscriber Amendment with the State of Minnesota ITEM NO.: IX.M. Requested Action Move to: Adopt the Resolution approving Joint Powers Agreements and Court Data Services Subscriber Amendment to the CJDN Subscriber Agreements with the City on behalf of the Police Department and its Prosecuting Attorney. Synopsis The State of Minnesota through the BCA requires the City to enter into a Joint Powers Agreement (JPA) and a Court Data Services Subscriber Amendment (Subscriber Amendment) to the CJDN Subscriber Agreements on behalf of the Police Department and on behalf of the Prosecuting Attorney. Background Under Minn. Stat. § 471.59, the BCA and the City are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The City is authorized by law to use the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. The City and its Prosecuting Attorney want to access these data in support of their official duties. The purpose of the JPA agreement is to create a method by which the City and Prosecuting Attorney have access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. The City desires to use one or more BCA systems and tools to access tools and/or submit Court Records to assist the City in the efficient performance of its duties as required or authorized by law or court rule. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the City on behalf of the Police Department and Prosecuting Attorney if the City completes the Subscriber Amendment. The Court desires to permit such access and/or submission. The Subscriber Agreement is intended to facilitate this access to assist the City and its Prosecuting Attorney in the efficient performance of their duties as required or authorized by law or court rule. Attachments • Resolution • State of Minnesota Joint Powers Agreement Authorized Agency on behalf of the Police Department • State of Minnesota Joint Powers Agreement Authorized Agency on behalf of the Prosecuting Attorney • Court Data Services Subscriber Amendment to CJDN Subscriber Agreement on behalf of the Police Department • Court Data Services Subscriber Amendment to CJDN Subscriber Agreement on behalf of the Prosecuting Attorney CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS AND THE COURT DATA SERVICES SUBSCRIBER AMENDMENTS TO CJDN SUBSCRIBER AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS POLICE DEPARTMENT AND ON BEHALF OF ITS PROSECTUING ATTORNEY WHEREAS, the City of Eden Prairie on behalf of its Police Department and Prosecuting Attorney desires to enter into two Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The two Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. WHEREAS, the City of Eden Prairie on behalf of its Police Department and Prosecuting Attorney desires to enter into two Court Data Services Subscriber Amendments (“Subscriber Amendments”) which modify and supplement the CJDN Subscriber Agreements between the BCA and Agency, for City use of BCA systems and tools. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: 1. That the State of Minnesota Joint Powers Agreement and the Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf its Police Department, are hereby approved. Copies of the Joint Powers Agreement and Subscriber Amendment are attached to this Resolution and made a part of it. 2. That the State of Minnesota Joint Powers Agreement and the Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Attorney are hereby approved. Copies of the Joint Powers Agreement and Subscriber Amendment are attached to this Resolution and made a part of it. 2. That the Chief of Police, Greg Weber, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Captain Bill Wyffels is appointed as the Authorized Representative’s designee. 3. That Attorney Jesse Berglund, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Attorney Margaret Neuville is appointed as the Authorized Representative’s designee. 4. That Ronald A. Case, the Mayor for the City of Eden Prairie and Rick Getschow, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements and Court Data Services Subscriber Amendments to CJDN Subscriber Agreements. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2021. ________________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk SWIFT Contract # 185886 MN0272600 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Eden Prairie on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 185886 MN0272600 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 185886 MN0272600 3 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of One Thousand Seven Hundred Ten Dollars ($1,710.00) or a total annual cost of Six Thousand Eight Hundred Forty Dollars ($6,840.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Gregory Weber, 8080 Mitchell Road, Eden Prairie, MN 55344, (952) 949-6200, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 185886 MN0272600 4 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber SWIFT Contract # 185886 MN0272600 5 Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government SWIFT Contract # 185886 MN0272600 6 Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ SWIFT Contract # 185884 MN027201A 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Eden Prairie on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 185884 MN027201A 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 185884 MN027201A 3 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Jesse Berglund, Prosecuting Attorney, 1000 Washington Avenue S, Suite 1550, Minneapolis, MN 55401, (612) 338-0755, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 185884 MN027201A 4 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber SWIFT Contract # 185884 MN027201A 5 Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government SWIFT Contract # 185884 MN027201A 6 Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Eden Prairie on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 185886, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an 2 Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to 3 Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 4 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. 5 a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made 6 available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 7 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber 8 Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 9 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 10 (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Eden Prairie on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 185884, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an 2 Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to 3 Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 4 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. 5 a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made 6 available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 7 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber 8 Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 9 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 10 (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of City Manager, Information Technology/ Aditi Salunke ITEM DESCRIPTION: Declare obsolete computer equipment as surplus. ITEM NO.: IX.N. Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Asset Type Manufacturer Model Serial Number Laptop Getac B300 RE163B0403 Laptop Getac B300 RE163B0476 Laptop Getac B300 RE163B0416 Laptop Getac B300 RE163B0445 Laptop Getac B300 RE163B0394 Laptop Getac B300 RE163B0461 Laptop Getac B300 RE163B0479 Laptop Getac B300 RE163B0483 Laptop Getac B300 RE163B0466 Laptop Getac B300 RE163B0396 Laptop Getac B300 RE163B0498 Laptop Getac B300 RE163B0450 Laptop Getac B300 RE163B0451 Laptop Getac B300 RE163B0458 Laptop Getac B300 RE163B0505 Laptop Getac B300 RE163B0488 Laptop Getac B300 RE163B0440 Laptop Getac B300 RE163B0504 Laptop Getac B300 RE163B0497 Laptop Getac B300 RE163B0463 Laptop Getac B300 RE163B0423 Laptop Getac B300 RE163B0442 Laptop Getac B300 RE163B0486 Laptop Getac B300 RE163B0460 Laptop Getac B300 RE163B0471 Laptop Getac B300 RE163B0400 Laptop Getac B300 RE163B0399 Laptop Getac B300 RE163B0456 Laptop Getac B300 RE163B0509 Laptop Getac B300 RE163B0432 TV Toshiba 46G310U B29188M42365K1 Monitor Samsung 943BT-2 Z2QKHCLC300731E Monitor Dell P190St CN-0RNMH6-74445-05NB75L Monitor Dell P190St CN-0RNMH6-74445-11L-417S Monitor Dell 1907FPt CN-0DC323-71618-6AB-AHJL Monitor Dell 1907FPt CN-0DC323-71618-717-GE9H Monitor Dell 1908FPt CN-0UW042-64180-83L-0WES Monitor Dell 1908FPT CN-0UW042-64180-83L-0WFS Monitor Samsung 943BT-2 Z2QKHCLC400702V Monitor Samsung 1908FPt CN-0FP182-71618-77E-GA8Y Monitor Dell 1905FP CN-0T6116-71618-4AJ-AB4S Monitor Dell P190St CN-0RNMH6-74445-05S-D4XS Monitor Dell 1908FPc CN-0UW042-64180-743-1DTS Monitor Dell 1905FP MX-0W8690-48323-55I-3VFA Monitor Dell 1907FPt CN-0DC323-71618-6AB-AFQ7 Monitor Dell 1908FPc CN-0UW042-64180-743-1DMS Monitor Dell 1908FPc CN-0UW042-64180-7BN-3XAU Monitor Dell 1908FPc CN-0UW042-64180-82C-0Y4L Monitor Dell 1907FPt CN-0DC323-71618-6AB-AEX8 Monitor Dell 1908FPc CN-0UW042-64180-7BN-3X5U Monitor Dell 1707FPt CN-0CC280-71618-68K-CE7B Monitor Dell 1908FPt CN-0FP182-71618-75M-AA5X Monitor Dell 1707FPt CN-0CC280-71618-666-C250 Monitor Samsung 943BT MY19H9NS910632R Monitor Samsung 943BT-2 Z2QKHCLC300730N Monitor Samsung 943BT-2 Z2QKHCLC300771V Monitor Samsung 943BT-2 Z2QKHCJCB00050T Monitor Samsung 943BT-2 Z2QKHCLB900893F Phone Mitel 5312 IP FSAIB8824 Phone Mitel 5312 IP AVAHF6237 Phone Mitel 5312 IP AVAHF6235 Phone Mitel 5330e IP 1WDFW14341BP Phone Mitel 5330 IP AVAET3258 Phone Jabra WHB004BS 00020637886 Phone Jabra WHB004BS 00020637893 Phone Mitel 5312 IP FSAIB8817 Phone Mitel 5312 IP FSAIB8918 Monitor ViewSonic VG2732m-LED SMM122020566 Microfiche Reader Canon M31021 BY300466 Monitor Dell 1908FPc CN-0UW042-64180-7BN-3XHU Monitor Dell 1707FPf CN-0CJ167-728726B3-301U POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20160227LT20801790 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 POS Computer NCR 7754 20130401LT20007148 Phone Mitel 5312 IP AVAHF5898 Printer Dell 4113-0d6 FHS8R81 Computer HP EliteDesk 800 G1 SFF 2UA5432NKS Computer HP Elite 8000 SFF MXL031050G Computer HP Elite 8000 SFF MXL031050J Computer HP Elite 8000 SFF MXL031050H Computer HP EliteDesk 800 G2 SFF 2UA63028CT Computer HP EliteDesk 800 G2 SFF 2UA63028CP Computer HP EliteDesk 800 G2 SFF 2UA63028CK Computer HP EliteDesk 800 G2 SFF 2UA63028CJ Computer HP EliteDesk 800 G2 SFF 2UA6141TX6 Computer HP EliteDesk 800 G2 SFF 2UA63028CW Computer HP EliteDesk 800 G2 SFF 2UA63028CG Computer HP EliteDesk 800 G2 SFF 2UA63028CH Computer HP EliteDesk 800 G1 SFF 2UA52612HX Computer HP EliteDesk 800 G2 SFF 2UA6141TX3 Computer HP EliteDesk 800 G2 SFF 2UA7082H48 Computer HP EliteDesk 800 G2 SFF 2UA6141TX4 Computer HP EliteDesk 800 G2 SFF 2UA6141TX8 Computer HP Elite 8200 SFF MXL2161GCZ Computer HP Compaq dc 7900 2UA9130GCR Computer HP EliteDesk 800 G2 SFF 2UA63028CF Monitor HP 1908FPt CN-0FP182-71618-77E-GBTP Monitor HP 1908FPt CN-0FP182-71618-7CT-RBQ0 Monitor HP 1907FPt CN-0DC323-71618-GBF-A920 Monitor HP 1908FPt CN-0FP182-71618-794-RDCG Monitor HP 1908FPt CN-0FP182-71618-77E-GC7M Monitor HP 1908FPt CN-0FP182-71618-77E-GBR3 Monitor HP 1908FPt CN-0FP182-71618-821-RMQ2 Monitor HP 1908FPt CN-0FP182-71618-77E-GC7Y Monitor HP 1908FPt CN-0FP182-71618-821-RMQV Monitor HP E223 3CQ8050LF4 Laptop Lenovo L440 R9-0BDTF7 Laptop Lenovo L440 R9-0BDTF3 Laptop Lenovo L440 R9-0BDTF8 Laptop Lenovo L440 R9-0BDTF5 TV Samsung LN55B640R3FUZA Z1I03CRZ100744W Laptop Lenovo L440 R9-0BDTF4 Laptop Lenovo L440 R9-0BDTF6 Laptop Lenovo Yoga MP-06TH1M Laptop HP ProBook 6460b CNU1331QG5 Laptop HP ProBook 6460b CNU21503TH Laptop HP ProBook 640 G1 5CG4342DDG Laptop HP ProBook 640 G1 5CG4350GRR Laptop HP ProBook 640 G1 CNU422BDWJ Laptop HP ProBook 640 G1 5CG4373QQS Laptop HP ProBook 640 G1 5CG4324DDK Laptop HP HP EliteBook 840 G1 5CG4442YRJ Laptop HP ProBook 640 G1 CNU422BDMY Laptop HP HP EliteBook 820 CNU411CPLZ Laptop HP Probook 470 G3 5CD64263F9 990000562545030 990000562545014 990000562542516 990000562545188 990000562544132 990000562544363 990000562545071 990000562544009 990000562544553 990000562545204 990000562545006 990000562544520 990000562544058 990000562544231 990000562544124 990000562545196 990000562544090 990000562544207 990000562545170 990000562544140 990000562545154 990000562545063 990000562544983 990000562545089 990000562544561 990000562544975 990000562545238 990000562544215 990000562545246 990000562543977 CN-0UW042-64180-743-1DMS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 5, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Community Garden Plot Lease Agreement with Metropolitan Airport Commission ITEM NO.: IX.O. Requested Action Move to: Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). Synopsis This lease agreement is for the use of the 3.17 acre land parcel of MAC Property adjacent to the Super America gas station (on the corner of Pioneer Trail and Old Pioneer Trail) for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2020. The MAC has prepared a new one year lease agreement at the rental rate of $561.08, which allows the City the right to utilize this property again for the 2021 gardening season. Attachment Lease Agreement CITY COUNCIL AGENDA SECTION: Public Hearings DATE: January 5, 2021 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Beth Novak-Krebs ITEM DESCRIPTION: Terrey Pine Coffee ITEM NO.: X.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 0.511 acres • Approve the 1st Reading of an Ordinance for Planned Unit Development District Review with waivers and a Zoning Change from Office to HWY-Commercial on 0.511 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct a drive through coffee shop at 16315 Terrey Pine Drive. The property is located just west of the Burger King site at the corner of Eden Prairie Road and Highway 5. The property is .511 acres or 22,274 square feet. The property is guided commercial and the applicant is requesting a rezone from Office to Hwy-Commercial. The applicant is requesting several PUD waivers. The current use on the property is an office building and associated parking. Adjacent uses include commercial to the west and south, industrial to the east and Highway 5 to the north. The applicant is proposing to demolish the existing office building and remove the associated site features to prepare the site for the proposed development. The proposed 950 square foot building is a newer prototype. The coffee business will provide drive through service, a walk up window, and online ordering and pick up. Indoor seating is not provided with this new prototype. Background Comprehensive Plan and Zoning The property is guided Commercial in Aspire 2040. The proposed rezoning is consistent with the Comprehensive Plan. The property is currently zoned Office. The applicant is requesting to rezone the property to HWY-Commercial. The proposed drive through coffee use is a permitted use in the HWY-Commercial Zoning District. The Burger King property to the west is also zoned HWY- Commercial Site Plan The property is a long rectangle shape with frontage on Highway 5. The proposed building is located closer to Highway 5 than the current office building. The plan includes 13 parking stalls on the south side of the building and there is a drive through lane that wraps around the north side of the building. Access to the site is provided by an existing private easement agreement allowing vehicular access from the Terrey Pine Drive cul-de-sac across the southeast corner of the adjacent fast food restaurant’s parking lot. City Code does not have a parking requirement for this type of use with no indoor seating. Staff analyzed the parking need based on the applicant’s business need and the shift with the largest employee number. The parking proposed meets both standards. The proposal includes a porous pavement patio with a decorative fence and hydrangea shrubs along the outer edge. Traffic Study Access to the development will be shared with the adjacent fast food restaurant. Besides Highway 5, all of the study corridors will operate with volumes below their planned level capacities through the build scenario. Bicycle and pedestrian facilities were noted as not being located around the proposed site, but the developer has updated their plan to include bike racks and pedestrian connections. Also trash and delivery services should be scheduled outside of peak periods for both the fast food and coffee shop uses to avoid conflicts. Building Architecture and Materials The building is 24 feet wide and 37 feet 8 inches long and 18 feet tall. The drive up and walk up windows are located on the south end of the building facing east and west. The main entrance to the building is located on the south side with the back of the building facing Highway 5. The building will be approximately 4 feet higher than Highway 5. Although the portion of the building facing Highway 5 is predominantly Class I material, there are no windows and it functions as the back entrance into the building. The applicant is proposing to provide 4 foot high shrubs on the outer edge of the drive through lane to provide screening. These shrubs will also provide some screening of the rear entrance. Based on comments from the Planning Commission, the landscape screening includes a mix of evergreen and deciduous shrubs. The building materials include brick veneer, stone and glass which are Class I materials and fiber cement siding, which is a Class II material. Each façade exceeds the requirement of providing 75% Class I material. Planned Development Waivers The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: A. Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 42.4%. The proposed development includes an impervious surface of 50.5%. The waiver allows an impervious surface of 50.5%. Based on staff and Planning Commission review, the following findings are proposed with regard to the waiver for the amount of impervious surface in the Shoreland: • The waiver is consistent with the land use designation of Commercial in the Comprehensive Plan. This area is commercial in nature, is near other commercial and industrial properties and is appropriate for more intense uses that do not impact differing land uses. • The waiver is in harmony with the general purpose and intent of the Shoreland ordinance. The proposed project is at the outer limits of the 1,000 foot buffer around Mitchell Lake. Approximately 2,500 square feet of the southwest corner of the site is in the Shoreland. This project is not expected to have an impact on the environmental value of the lake. The stormwater management and the use of porous pavement will help preserve the quality of the public water while allowing for utilization of the property. • There are circumstances unique to the property such as lot size, lot shape, and access that are not created by the landowner. The site is smaller than typical commercial sites and the size and shape pose challenges in site design and meeting all of the code requirements. The site already exceeds the maximum 30% impervious coverage. The office building was constructed prior to the adoption of the Shoreland Code in 1996. • Approval of the waiver is consistent with the essential character of the locality. The site is surrounded by commercial and industrial uses. There are other drive through uses in the vicinity. • The drive through coffee shop is a reasonable use of the property due to measures being taken to manage stormwater. The current building is older. The new use is an update for the site, but requires some changes not required when the current building was constructed. B. Drive Lanes City code requires 25’ wide drive lanes in the parking lot. The waiver allows 24’ wide drive lanes in the parking lot. This reduction in width reduces pavement and it is adequate for maneuvering. The City has approved similar waivers for other projects. C. Parking Lot Islands City Code requires parking lot islands to have a size of not less than 160 square feet. As proposed, some of the islands are less than 160 square feet. Of the three islands, one meets the standards at 190 square feet and two do not comply with the standards at 108 square feet and 102 square feet. Landscape Plan Saving the Spruce tree along the west property line has reduced the tree replacement requirement to 21 caliper inches. The Plan as proposed complies with the Tree Replacement requirements. The Landscape Plan as proposed far exceeds the landscaping requirements. The plan includes ornamental trees, shrubs, perennials and grasses throughout the site. Sidewalks and Trails The applicant is proposing a sidewalk along the west side of the parking lot from the building to the southwest corner of the site near the trash enclosure to provide pedestrian access to the walk up window and the outdoor patio. During the project review, staff identified a need for a pedestrian connection between this property and the trail along the east side of Eden Prairie Road. In order to facilitate this future connection, the plan shows a future sidewalk from this property west to the Terrey Pine Drive cul-de-sac. A portion of the future sidewalk construction will be the responsibility of the developer. As part of the Development Agreement, the City will require a cash escrow in the amount of 125% of the cost estimate to cover the Developer’s portion of the future sidewalk. Drainage There is some naturally occurring stormwater management for the current site at the low point of the property. However; the Riley Purgatory Creek Watershed District requires stormwater management for the proposed project. In order to comply with the requirements of the Watershed District, the applicant is proposing underground chambers under the parking for stormwater management. Since the disturbance of the site does not exceed 1 acre, the applicant is not required to comply with the City’s stormwater management requirements. However, the applicant worked with staff on the site layout to maintain as much green space as possible on the site and to add some porous pavement in lieu of traditional impervious bituminous pavement. Signs The applicant is proposing to utilize the existing monument sign located between the building and Highway 5 and just change the copy. The sign is closer than 20’ from the right-of-way. Therefore, the existing sign is considered nonconforming. The sign can continue to be used in its current configuration, but any expansion of the sign would require it to become conforming. All other proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. SUSTAINABLE FEATURES The applicant is providing a number of sustainable features on the site as outlined below: • Provision of a sidewalk connection on-site with connection to a future sidewalk to Eden Prairie Road to provide an option for employees or customers to walk to the coffee shop. • Provision of a bike rack for employees or customers that chose to bike to the coffee shop. • Use of porous pavement to reduce impervious surface percentage. • Use of Native plants and smart irrigation technology. • Renewable Energy – investments in community solar and wind projects to bring new green energy to the grid. Today 100% of company operated stores in the U.S. and Canada are covered by renewable energy. • Water stewardship – State-of-the-art technologies to treat and conserve water, reducing annual water consumption by 30% • Responsible Materials – Materials and products for stores are responsibility and sustainably sourced. • Energy Efficiency – Leading, energy-efficient technologies reduce energy consumption by 25% compared to prior store designs. • Waste Diversion – Designed and operated to reduce waste from product and packaging waste, and donate unsold food to local food banks. • Healthy Environment – Through lighting, air quality and temperature control, stores are designed to promote a comfortable experience for partners and customers. Planning Commission Recommendation The Planning Commission voted 9-0 to recommend approval of the project at the December 14, 2020 meeting. The Planning Commission asked the applicant to review the landscape screening of the drive through lane and incorporate more year round screening. The Commission also asked the applicant to investigate options for saving the large Spruce tree along the west property line, to clarify whether the patio will be constructed of porous pavers or concrete and to consider options to make the patio area more of a three season space. Based on the plans stamp dated December 30, 2020, the applicant is proposing the use of porous pavement for the patio and is planning to save and protect the large Spruce tree along the west property line. The plans do not address the plant species for the drive through or how the patio area will be designed to provide a comfortable atmosphere and designed to be used for three seasons. Conditions of approval have been added to address the items that have not been revised including the Planning Commission’s requests regarding the plant species and patio area. Based on Plans stamp dated December 30, 2020, the following revisions must be made prior to the second reading before the Council: A. Revise the narrative to include information on the design of the patio. B. Revise the On-site Tree Inventory on the Tree Preservation Plan to reflect that the Spruce tree will be saved. Revise the Tree Replacement calculation. C. Revise the Site Plan to include labeling the parking lot islands with the size and include a chart with the percentage of the parking lot in islands. This should include parking lot area, area in islands, and percentage in islands. D. Revise the Site Plan to include the decorative fencing around the patio. E. Revise the Landscaping Plan to include a mix of evergreen and deciduous shrubs to screen the drive through lane. F. Revise the Landscape Plan to include the revised Tree Replacement requirements based on saving the Spruce tree. Ornamental Trees do not count toward tree replacement but do count toward landscaping. G. Revise the Lighting Plan to include the most recent site plan configuration and provide cut sheets of the fixtures. H. The turning movements of the trash truck extend onto the Burger King property and falls outside of the access easement with Burger King. In order to address using adjacent property for maneuvering, staff recommends two options. The turning movements could be revised or the access easement could be revised to include the area for maneuvering. Attachments 1. Resolution for PUD Concept Review 2. Ordinance for PUD with waivers and zoning change 3. Ordinance Summary 4. Staff Report 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Unapproved Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TERREY PINE COFFEE FOR JAVA COMPANIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on December 14, 2020, on Terrey Pine Coffee by Java Companies and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on January 5, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Terrey Pine Coffee being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated December 30, 2020. 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 14, 2020. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 2, Block 1, Burger King Eden Prairie Addition. Hennepin County, Minnesota Abstract Property TERREY PINE COFFEE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the Highway Commercial Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the Highway Commercial Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2021 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2021 are justified by the design of the development described therein. D. PUD-_-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the Highway Commercial Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2021 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Java Companies, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the January 5, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2021. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2021. EXHIBIT A Legal Description: Lot 2, Block 1, Burger King Eden Prairie Addition. Hennepin County, Minnesota Abstract Property TERREY PINE COFFEE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2021-PUD-_-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 16315 Terrey Pine Drive from the Office Zoning District to the Highway Commercial Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: December 9, 2020 SUBJECT: Terrey Pine Coffee LOCATION: 16315 Terrey Pine Drive 120- DAY REVIEW March 8, 2021 PERIOD REQUEST:  Planned Unit Development Concept Review on 0.511 acres  Planned Unit Development District Review with waivers on 0.511 acres  Zoning Change from Office to HWY-Commercial on 0.511 acres  Site Plan Review on 0.511 acres BACKGROUND The applicant is requesting approval to construct a drive through coffee shop at 16315 Terrey Pine Drive. The property is located just west of the Burger King site at the corner of Eden Prairie Road and Highway 5. The property is .511 acres or 22,274 square feet. The current use on the property is an office building and associated parking. Adjacent uses include commercial to the west and south, industrial to the east and Highway 5 to the north. The applicant is proposing to demolish the existing office building and remove the associated site features to prepare the site for the proposed development. The 950 square foot building is a newer prototype. The coffee business will provide drive through service, a walk up window, and online ordering and pick up. Indoor seating is not provided with this new prototype. With proximity to Mitchell Lake, the property is located in the Shoreland Overlay Zone. Properties within the Shoreland are limited to 30% impervious surface coverage. The current impervious coverage on the site is 42.4%. Since the office building was constructed prior to the adoption of the Shoreland Code, the site is non-conforming. The proposed building and associated impervious Staff Report – Terrey Pine Coffee Page 2 2 surfaces will be an increase of 1,998 square feet of impervious surface or 51.4% of the site. The applicant is requesting a PUD waiver to allow impervious surface to exceed 30%. COMPREHENSIVE PLAN AMENDMENT The property is guided Commercial in Aspire 2040. The proposed rezoning is consistent with the Comprehensive Plan. The property is currently zoned Office. The applicant is requesting to rezone the property to HWY- Commercial. The proposed drive through coffee use is a permitted use in the HWY-Commercial Zoning District. The Burger King property to the west is also zoned HWY- Commercial SITE PLAN The property is a long rectangle shape with frontage on Highway 5. The proposed building is located closer to Highway 5 than the current office building. Parking is proposed on the south side of the building and there is a drive through lane that wraps around the north side of the building. The site does not have direct access onto a public street. Therefore, access to the site is provided by an existing private agreement allowing vehicular access from the Terrey Pine Drive cul-de-sac across the southeast corner of the adjacent fast food restaurant’s parking lot. There is an outdoor patio on the east side of the building. The site includes 13 parking stalls. City Code does not have a parking requirement for this type of use with no indoor seating. Staff analyzed the parking need based on the applicant’s business need and the shift with the largest employee number. The parking proposed meets both standards. Staff Report – Terrey Pine Coffee Page 3 3 BUILDING ARCHITECTURE AND MATERIALS The building is 24 feet wide and 37 feet 8 inches long and 18 feet tall. The drive up and walk up windows are located on the south end of the building facing east and west. The main entrance to the building is located on the south side with the back of the building facing Highway 5. The building will be approximately 4 feet higher than Highway 5. Although the portion of the building facing Highway 5 is predominantly Class I material, there are no windows and it functions as the back entrance into the building. The applicant is proposing to provide 4 foot high shrubs on the outer edge of the drive through lane to provide screening. These shrubs will also provide some screening of the rear entrance. The building materials include brick veneer, stone and glass which are Class I materials and fiber cement siding, which is a Class II material. Each façade exceeds the requirement of providing 75% Class I material. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: A. Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 42.4%. The proposed development includes an impervious surface of 51.4%. Therefore, the applicant is requesting a waiver. The applicant is using some porous pavement on the site to help reduce the impervious surface area. The waiver is consistent with the land use designated in the Comprehensive Plan. This area is commercial in nature, is near other commercial and industrial properties and is Staff Report – Terrey Pine Coffee Page 4 4 appropriate for more intense uses that do not impact differing land uses. The waiver is in harmony with the general purpose and intent of the Shoreland ordinance. The proposed project is at the outer limits of the 1,000 foot buffer around Mitchell Lake. Approximately 2,500 square feet of the southwest corner of the site is in the Shoreland. This project is not expected to have an impact on the environmental value of the lake. The stormwater management and the use of porous pavement will help preserve the quality of the public water while allowing for utilization of the property. There are circumstances unique to the property such as lot size, lot shape, and access that are not created by the landowner. The site already exceeds the maximum 30% impervious coverage. The office building was constructed prior to the adoption of the Shoreland Code in 1996. Approval of the waiver would be consistent with the essential character of the locality and is a reasonable use of the property due to measures being taken to manage stormwater. B. Drive Lanes City code requires 25’ wide drive lanes in the parking lot. The waiver allows 24’ wide drive lanes in the parking lot. This reduction in width reduces pavement and it is adequate for maneuvering. The City has approved similar waivers for other projects. C. Parking Lot Islands City Code requires parking lot islands to have a size of not less than 160 square feet. As proposed, some of the islands are less than 160 square feet. Of the three islands, one meets the standards and two do not comply with the standards. LANDSCAPE PLAN The project requires 35 caliper inches of tree replacement. With one minor revision to the Plan by adding one canopy tree, the plan will comply with the Tree Replacement requirements. The project requires minimal landscaping due to the small size of the building. However, the Landscape Plan as proposed far exceeds the landscaping requirements. The plan includes ornamental trees, shrubs, perennials and grasses that provide screening of the drive through lane, parking areas and mechanicals and overall enhance the site. The applicant is using native plantings. SIDEWALKS AND TRAILS The applicant is proposing a sidewalk along the west side of the parking lot from the building to the southwest corner of the site near the dumpster to provide pedestrian access to the walk up window and the outdoor patio. During the project review, staff identified a need for a pedestrian connection between this property and the trail along the east side of Eden Prairie Road. In order to facilitate this future connection, the plan shows a future sidewalk from this property west to the Terrey Pine Drive cul-de-sac. A portion of the future sidewalk construction will be the responsibility of the developer. As part of the Development Agreement, the City will require a cash escrow in the amount of 125% of the cost estimate to cover the Developer’s portion of the future sidewalk. Staff Report – Terrey Pine Coffee Page 5 5 DRAINAGE There is some naturally occurring stormwater management for the current site at the low point of the property. However; the Riley Purgatory Creek Watershed District requires stormwater management for the proposed project. In order to comply with the requirements of the Watershed District, the applicant is proposing underground chambers under the parking for stormwater management. Since the disturbance of the site does not exceed 1 acre, the applicant is not required to comply with the City’s stormwater management requirements. However, the applicant worked with staff on the site layout to maintain as much green space as possible on the site and to add some porous pavement in lieu of traditional impervious bituminous pavement. LIGHTING The Lighting Plan as submitted complies with the City’s requirements. Since the underlying Site Plan has been revised, the applicant will be required to submit a revised plan matching the current Site Plan. This may require the relocation of lights. Staff is also requesting cut sheets for the types of fixtures being used so staff can verify that the fixtures are downcast. TRAFFIC STUDY Access to the development will be shared with the adjacent fast food restaurant. Besides Highway 5, all of the study corridors will operate with volumes below their planning level capacities through the build scenario. Bicycle and pedestrian facilities were noted as not being located around the proposed site, but the developer has updated their plan to include bike racks and pedestrian connections. Developer should verify truck turning movements to ensure trash and delivery vehicles can safely maneuver through the site. Also trash and delivery services should be scheduled outside of peak periods for both the fast food and coffee shop uses to avoid conflicts. SIGNS The applicant is proposing to utilize the existing monument sign located between the building and Highway 5 and just change the copy. The sign is closer than 20’ from the right-of-way. Therefore, the existing sign is considered nonconforming. The sign can continue to be used in its current configuration, but any expansion of the sign would require it to become conforming. All other proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. SUSTAINABLE FEATURES The applicant is providing a number of sustainable features on the site as outlined below:  Provision of a sidewalk connection on-site with connection to a future sidewalk to Eden Prairie Road to provide an option for employees or customers to walk to the coffee shop.  Provision of a bike rack for employees or customers that chose to bike to the coffee shop. Staff Report – Terrey Pine Coffee Page 6 6  Use of porous pavement to reduce impervious surface percentage.  Use of Native plants and smart irrigation technology.  Renewable Energy – investments in community solar and wind projects to bring new green energy to the grid. Today 100% of company operated stores in the U.S. and Canada are covered by renewable energy.  Water stewardship – State-of-the-art technologies to treat and conserve water, reducing annual water consumption by 30%  Responsible Materials – Materials and products for stores are responsibility and sustainably sourced.  Energy Efficiency – Leading, energy-efficient technologies reduce energy consumption by 25% compared to prior store designs.  Waste Diversion – Designed and operated to reduce waste from product and packaging waste, and donate unsold food to local food banks.  Healthy Environment – Through lighting, air quality and temperature control, stores are designed to promote a comfortable experience for partners and customers. STAFF RECOMMENDATION Recommend approval of the following requests:  Planned Unit Development Concept Review on 0.511 acres  Planned Unit Development District Review with waivers on 0.511 acres  Zoning Change from Office to HWY-Commercial on 0.511 acres  Site Plan Review on 0.511 acres This is based on plans stamp dated December 8, 2020 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the Lighting Plan to include the most recent site changes and provide cut sheets of the fixtures. B. Revise the label on the Site Plan from bituminous trail to concrete sidewalk. C. Revise the Site Plan so the crosswalk at the entrance is straight from ramp to ramp. D. Revise the Site Plan to show the ADA ramps near the trash enclosure. E. Revise the Site Plan to include labeling the parking lot islands with the size and include a chart with the percentage of the parking lot in islands. This should include parking lot area, area in islands, and percentage in islands. F. Revise the Site Plan to show the turning movements for the trash truck. Explain when the trash and recycling will be removed so as not to block the entrance and disrupt traffic flow on the site. G. Revise the Plans to include large vehicle turning movements through the drive through. If the current design cannot accommodate larger vehicles, revise the radii. H. Revise the Site Plan so the directional sign near the entrance into the site is located on the property and not on the adjacent property. Staff Report – Terrey Pine Coffee Page 7 7 I. Revise the Landscape Plan to include one additional canopy tree to comply with the Tree Replacement requirements. Ornamental Trees do not count toward tree replacement. J. All trees should be located at least 10 feet from underground utilities. 2. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed utility and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. E. Secure a Temporary Construction Easement to do work on the property to the west. F. Provide a cash escrow in the amount of 125% of the cost estimate to cover the Developer’s portion of the future sidewalk. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. 4. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated December 8, 2020. A. Impervious Area The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 42.4%. The proposed development includes an impervious surface of 51.4%. Therefore, the applicant is requesting a waiver. The applicant is using some porous pavement on the site. B. Drive Lanes City code requires 25’ wide drive lanes in the parking lot. The waiver allows 24’ wide drive lanes in the parking lot. This reduction in width reduces pavement and it is adequate for maneuvering. The City has approved similar waivers for other projects. C. Parking Lot Islands City Code requires parking lot islands to have a size of not less than 160 square feet. As proposed, some of the islands are less than 160 square feet. Of the three islands one meets the standards and two do not comply with the standards. EDEN PRAIRIE RDTERREY PINE CTEDEN PRAIRIE RDCity of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Guide Plan Map: Terrey Pine CoffeeAddress: 16315 Terrey Pine DriveEden Prairie, Minnesota 55344 Rural Low Density Residential Medium Density Residential Medium Migh Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad Right-of-Way 240 0 240120 Feet Date Approved: 10-01-2019 PROJECT SITE Hwy. 5 Hwy. 4 Terrey Pine Dr Õÿ5 QR4TERREY PINE CTTERREY PINE DR FULLER RDW A G N E R WAYMAINST EDENPRAIRIERDCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.10.05 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Terrey Pine CoffeeAddress: 16315 Terrey Pine DriveEden Prairie, MN 55344 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Wetlands PROJECT SITEProposing re-zoning from Office to Highway Commercial Aerial Map: Terrey Pine CoffeeAddress: 16315 Terrey Pine CourtEden Prairie, Minnesota 0 40 8020 FeetEDENPRAIRIEROADTERREY PINE COURT HIGHWAY5 ProjectSite Burger King Site Dairy Queen Site ¯ UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 14, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. I. PLEDGE OF ALLEGIANCE – ROLL CALL II. APPROVAL OF AGENDA MOTION: Farr moved, seconded by Mette to approve the agenda. MOTION CARRIED 9-0. III. MINUTES MOTION: Toomey moved, seconded by Kirk to approve the minutes of November 9, 2020. MOTION CARRIED 7-0 with two abstentions (DeSanctis and Markos). IV. PUBLIC HEARINGS A. TERREY PINE COFFEE Location: Request for:  Planned Unit Development Concept Review on 0.511 acres  Planned Unit Development District Review with waivers on 0.511 acres  Zoning Change from Office to HWY-Commercial on 0.511 acres  Site Plan Review on 0.511 acres Mark Krogh of Java Companies presented a PowerPoint and explained the application. This would be a drive-through only coffee shop, the first of this kind from this tenant in the Twin Cities, built on the existing State Farm Office site, next to the Burger King on Highway 5. The site plan included 13 parking spaces, of which six or seven would be reserved for employees, and a curbside pickup/walk up window with an allotted six spaces. The walkup window would PLANNING COMMISSION MINUTES December 14, 2020 Page 2 have a patio. The building would be 949 square feet. Access would be from Terrey Pine Court via an access easement across Burger King’s parking lot (which was the existing access). There would be 12 drive through stacking spaces rather than the typical eight or nine. The site plan also included use of a porous pavement in non-high traffic areas, and included a bike rack, sidewalks and a future pedestrian connection, and the patio with the walkup order window. The landscaping plan would conform to City guidelines. Sustainable features included an underground storm water management system, which allowed for more green space; native plants in a landscaping plan; a smart irrigation system; landscaping to shade parking areas and reduce urban heat islands; and exterior lighting that would exceed energy performance requirements. Krogh displayed the elevations showing the project would use 75 percent Class I materials. He commended the process of working with City staff. Farr asked for the conditions of the existing access agreement, specifically snow removal from the Burger King site and when the future pedestrian connection through the Burger King site would be made. Krogh replied this would be an easement and the coffee shop would have to plow. He deferred to Planning staff on the future agreement. DeSanctis asked what components of energy renewability were in this project. Krogh replied the tenant had a list which was in the staff memo. Mette asked for clarification whether the patio area was impervious. Krogh replied it was not impervious. Mette noted the civil plan was ambiguous and observed there was an opportunity to increase the impervious area. Krogh replied modifications had been made in the meantime to align with City staff requests. Mette asked if six or seven employee parking stalls was excessive, as it exceeded the requirement, whereas she knew of another drive-through coffee shop that had two or three employees at most working the shift. Krogh replied there would be six or seven employees working during peak hours. The other coffee shop concept referenced by Mette was smaller. DeSanctis asked if the applicant had considered drivers traveling east on Highway 5 during peak hours, making a right turn past the Speedway, which could be crowded at peak times, and then making a turn to the signaled Terrey Pine intersection, which could have significant traffic tie-ups as with the Starbucks in Chanhassen adjacent to Highway 5. Krogh replied this was considered, and the traffic study done led to the decision to have 12 stacking spaces. Farr noted the applicant would be taking down significant trees as a part of this project, and on the west side of the property between Burger King and this site was an old spruce that would be replaced. He requested the applicant save this PLANNING COMMISSION MINUTES December 14, 2020 Page 3 tree. Krogh replied a tree study was done, but he would explore this and look at costs. However, site lines were crucial to the tenants. Farr replied this would likely save money. He also requested the dogwood screening, which would drop its leaves in autumn, be changed to a non-deciduous screening to last year-round. Krogh offered to explore that as well. Gooding noted the Burger King was empty, but the nearby Dairy Queen routinely backed up onto Terrey Pine Court, which might not happen during peak coffee shop hours, but this could be an issue, and would be one if the Burger King resumed operations. Krogh replied his firm had developed quite a few coffees shops, three last year. This drive through had almost double lanes and the most stacking he had ever done. It made sense to have more rather than less stacking and the tenant was thinking for the long term. Gooding replied he understood there was room to service the cars at the site but was concerned the intersection would be overwhelmed. Krogh replied the busiest time was in the morning, while the other businesses would not be as active, and he did not anticipate any problems. Kirk stated he had a similar concern. It seemed to him if there was excess stacking it would cause potential gridlock, preventing egress. The average rate in the morning would need to service one car per minute. This would not impact the public streets but could cause gridlock in the site. This was a question for him. Krogh replied the number of stacking spaces (12) and the number of cars to cause congestion (20) was a high number. Kirk cited a previous case where a restaurant promised to have enough parking and there was congestion. Krogh replied the staff in Operations did a deep drive and were confident in the traffic analysis. Klima presented the staff report. This was a threefold request, a rezoning from office to highway commercial, a PUD approval with waivers, and a site plan approval. The rezoning request was consistent with the Comprehensive Plan. The project would exceed the impervious surface onsite, part of which was in the Shoreland District. Staff did work with the developer to reduce impervious surface onsite while maintaining usability of the site. Regarding the pedestrian connection back to the Burger King site, staff would work with Burger King in the future to finalize that connection to Eden Prairie Road. Another waiver was to reduce the drive aisle width from 25 to 24, which reduced the impervious surface area while still being functional. The final waiver was for landscape islands in the parking lot, two of which fell below the 160 square feet required. Staff would continue to work with the developer on the issues mentioned in the Commissioner’s comments. Staff recommended approval. DeSanctis asked if City planners considered the potential impact of this business on the Smith Coffee House in terms of loss of trade. Klima replied while the City wished to see all businesses succeed and thrive, particularly Smith, the use of a drive-through coffee shop was permitted by ordinance and there was no reason to deny the application from a use perspective. PLANNING COMMISSION MINUTES December 14, 2020 Page 4 Mette asked what the impervious surface percentage maximum would be if the site was not in the Shoreland District. Klima replied there was not a maximum impervious surface percentage outside of the Shoreland District. Mette asked if hypothetically any site outside the Shoreland District could have 100 percent impervious surface barring the landscaping code requirement. Klima replied there were several other requirements such as landscaping, setback, and stormwater management that functionally limited the percentage of impervious surfaces outside of the Shoreland District. Farr stated he was concerned about the pedestrian connection which could be a hazard for kids on bikes going to and from high school. Young adults took their bicycles to Eden Prairie High School and the coffee shop would be a popular attraction for them. He anticipated conflicts between bikes and cars and/or school buses in the Burger King lot and asked if there was any way to force a pedestrian connection now for increased safety. He also asked if staff had followed up on the legal rights to ensure this tenant followed through on plowing and maintaining the Burger King site, and where the liability fell if there was an accident on that site. He also asked what happened if Burger King decided to reconfigure its lot. Klima replied she would defer the pedestrian access question to Rod Rue. A private easement allowed access to this lot, and the City was not a part of that. However, a development agreement being drafted would have the City review that private easement since access was required. The specifics of who was responsible in a private easement was not a typical City concern but would come into play if the Burger King site was to be redeveloped in the future. Rue stated the only way the pedestrian access could be completed sooner would be for the City to take on the responsibility and incur the cost. In this case, the developer would pay the cost for improvements up to the Burger King site, and if Burger King developed its site it would be responsible for the connection to County Road 4. If the City took on the development of this pedestrian connection, it would have the escrow from this developer but no money from Burger King, and that would not be a cheap alternative. When the Burger King site was upgraded these questions of access, cost and liability would be addressed then. MOTION: Farr moved, seconded by Toomey to close the public hearing. MOTION CARRIED 9-0. Farr commended the project, but stated he still took issue with two items of landscaping: the loss of the tree and the deciduous screening. Mette agreed with Farr about the tree and assumed it was a sightline issue. The tree blocked their front door signage but if the applicant could take a look at the placement and move the sign to the north end of the back of the building that tree could be saved. The stacking was well designed and allowed for plenty of room. To her it looked like there could be another five back up and then five on Terry Pine Court, which allowed for plenty of traffic. The developers were not responsible for the stacking PLANNING COMMISSION MINUTES December 14, 2020 Page 5 at the Dairy Queen site, but that allowed less than the 12 planned for here. Her biggest issue was with the impervious surface requirement. Understanding the requirements more now, she wished to see the developer increase the impervious surface amount, assuming the patio area was impervious. The number of parking stalls satisfied her. The sidewalk that would connect the trail to the trash enclosure was five foot seven inches which seemed very wide, and perhaps could be narrowed since the sidewalk around the building was only four feet wide. The location of the trash enclosure was within the parking and building 10-foot setback and could trigger a waiver. She suggested the applicant flip the trash enclosure to the north side and reduce the sidewalk area, if possible with the connection to the trail. The rear of the building facing Highway 5 had a back door to the mechanical room which was on the western side of the building, and she had not seen a detailed floor plan. Mette asked if that could be flipped across the horizontal so the rear door was on the east side, which would also reduce the amount of sidewalk. She approved of the waiver of the 24-foot drive aisle but preferred 25 feet, although this would not decrease the impervious area but would allow more spacing and ease among the stalls. Overall, she understood the applicant’s request for a waiver for the impervious surface area. Kirk stated for the most part he supported Farr’s comments. He agreed with the three waivers and found this a very positive usage. He continued to have a concern about traffic inside the site, but it did not rise to the level of a nay vote. He could, however, think of several negative precedents regarding other businesses and parking. DeSanctis stated he was concerned about congestion on Highway 5, particularly at peak times. The short turn from west and the left onto Terrey Pine concerned him more than the internal traffic on the site. He also questioned how 100 percent of the operated stores were covered by renewable energy and asked to see specifications on this. He also wanted to know how much solar would be employed in day-to-day operations. He also remained concerned about the possible impact on the Smith Coffee House but added perhaps this would be less of an issue after Covid-19. He was pleased that drive-throughs would minimize the spread of the virus. Overall he was in support of the project. Klima replied City staff would continue to work with developer to save the tree and improve screening in the landscaping plan. There was a coffee shop on Highway 62 which inspired a conversation at the City about stacking during its review process. In that case, failure in stacking would impact public right-of-way rather than on site. The trash enclosure did meet the site’s setback requirement. The City did not set a specific requirement for renewable energy, but the developer shared this tenant/industry standard as a part of its proposal. The property would be constructed to be solar-ready. PLANNING COMMISSION MINUTES December 14, 2020 Page 6 Farr urged Rue to address the traffic report findings at the intersections of Terrey Pine and Eden Prairie Road, and Highway 5 and Eden Prairie Road. Rue replied he was not sure those intersections were specifically studied but both would be able to support the additional traffic. There was also a flashing yellow arrow on Terrey Pine for making a left turn. Past back-ups at the Burger King did not encroach onto the public right-of-way, even during the noon rush. There was nothing the City could do to improve the situation but adjust the traffic signal timing at Terrey Pine and Highway 4. Discussion followed on traffic concerns at the Highway 4 and Highway 5 intersection. Rue stated any improvement there would be significant. Farr summarized the discussion that the intersection of Highways 5 and 4 was the most congested in Eden Prairie right now, but it could handle the additional traffic from this project. Pieper stated he agreed with saving the tree, changing the screening, and lowering the amount of impervious surface. He was also concerned about traffic but was reassured by the discussion. He also wanted to see the sidewalk extended for safety. Mette urged the developer and the tenant, being that the building did not have an indoor area for customers, to pay more attention to making the outdoor area a nicer area, perhaps allowing a three-season structure. She urged the developer to keep the space usable for as much of the year as possible and make the patio area functional. MOTION: Farr moved, seconded by Kirk to recommend approval of the Planned Unit Development Concept Review on 0.511 acres, the Planned Unit Development District Review with waivers on 0.511 acres, the Zoning Change from Office to HWY-Commercial on 0.511 acres and the Site Plan Review on 0.511 acres based on plans stamp dated December 8, 2020, and the staff report dated December 9, 2020. MOTION CARRIED 9-0. V. PLANNERS’ REPORT VI. MEMBERS’ REPORTS Toomey noted that this was her last meeting as a Commissioner. She commended the Commission for their work and the value that they bring to the City process. VII. ADJOURNMENT MOTION: Toomey moved, seconded by Kirk to adjourn. MOTION CARRIED 9-0. The meeting was adjourned at 8:10 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: January 5, 2021 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: XI. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 278464 - 279239 Wire Transfers 1026670 - 1026935 Wire Transfers 7956 – 8016 Purchasing Card 7974 City of Eden Prairie Council Check Summary 1/5/2021 Division Amount Division Amount 112,336 308 E-911 417 100 City Manager 689,370 309 DWI Forfeiture 42 101 Legislative 558 315 Economic Development 1,029,569 102 Legal Counsel 80,948 502 Park Development 850 110 City Clerk 544 509 CIP Fund 139,768 111 Customer Service 8,343 513 CIP Pavement Management 12,924 112 Human Resources 276 522 Improvement Projects 2006 26,501 113 Communications 16,025 526 Transportation Fund 13,625 114 Benefits & Training 26,402 528 Shady Oak Rd-CR 61 North 229,126 130 Assessing 5,269 532 EP Road Connect Flying Cloud 13,576 131 Finance 963 536 General LRT 89,345 132 Housing and Community Services 3,141 538 SingleTree Lane South 172 133 Planning 2,626 539 2020 Improvement Projects 11,816 136 Public Safety Communications 11,909 804 100 Year History 90 137 Economic Development -36,038 Total Capital Projects Fund 1,567,820 138 Community Development Admin.49 151 Park Maintenance 38,491 601 Prairie Village Liquor 249,677 153 Organized Athletics 3,911 602 Den Road Liquor 457,620 154 Community Center 25,635 603 Prairie View Liquor 282,888 155 Beaches 98 605 Den Road Building 4,668 156 Youth Programs 11,345 701 Water Enterprise Fund 1,258,855 157 Special Events 1,973 702 Wastewater Enterprise Fund 489,858 158 Senior Center 81 703 Stormwater Enterprise Fund 107,330 159 Recreation Administration 144 Total Enterprise Fund 2,850,896 162 Arts 1,135 163 Outdoor Center 1,417 316 WAFTA 938 164 Park Rental Facilities 40 802 494 Commuter Services 71,428 168 Arts Center 1,850 806 SAC Agency Fund 37,275 180 Police Sworn 50,770 807 Benefits Fund 1,930,924 184 Fire 142,542 809 Investment Fund 3,900 186 Inspections 7,887 812 Fleet Internal Service 235,429 200 Engineering 3,854 813 IT Internal Service 182,774 201 Street Maintenance 84,397 814 Facilities Capital ISF 6,758 202 Street Lighting 67,207 815 Facilites Operating ISF 120,826 Total General Fund 1,365,497 816 Facilites City Center ISF 129,057 817 Facilites Comm. Center ISF 141,982 301 CDBG 20,459 Total Internal Svc/Agency Fund 2,861,292 303 Cemetary Operation 851 312 Recycle Rebate 2,415 Report Total 10,256,473 Total Special Revenue Fund 23,725 437 G.O. Perm. Improv. 2010A 545,075 440 GO Perm Impr Ref Bonds 2011D 1,042,169 Total Debt Service Fund 1,587,244 City of Eden Prairie Council Check Register by GL 1/5/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 7986 2,354,714 U S BANK Interest Wastewater Enterprise Fund Debt Payments 12.01.20 279074 337,628 METROPOLITAN COUNCIL MCES User Fee Wastewater Enterprise Fund Wastewater Svc fee Jan 2021 1026757 311,927 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 2nd half TIF pymt 8001 308,287 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.04.20 279048 301,250 EDEN PRAIRIE SENIOR LIVING Deposits General Fund Release cash in lieu of bond Southview of EP 7961 272,815 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.20.20 8013 264,857 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.18.20 278786 262,500 OPUS GROUP Deposits General Fund Return of Golden Trianle Ind. Landscaping Escrow 1026714 234,150 RICE LAKE CONSTRUCTION GROUP Outside Water Sales Water Capital Ground storage reservoir and Pump Station proj 7977 231,216 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums Dec 2020 8011 212,826 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 12.04.20 7999 199,702 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 11.20.20 7959 193,426 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 11.06.20 278737 178,940 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 2nd half TIF pymt1026775176,191 XCEL ENERGY Electric Senior Center Multi location electric 278628 156,333 SM HENTGES & SONS INC Improvement Contracts Shady Oak Rd-CR 61 North West 62nd St. Reconstruction proj. 278812 144,441 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 2nd half TIF pymt 278803 137,323 TCF MAPLE GROVE TIF Payment TIF-Town Center-Windsor Plaza 2nd half TIF pymt 278640 112,468 TENVOORDE FORD, INC.Autos Fleet Capital New Fleets - squad cars 8005 106,647 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Nov 2020 1026930 99,457 STREICHERS Protective Clothing Capital Maint. & Reinvestment 278806 90,252 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 278939 75,640 PETERSON COMPANIES Improvement Contracts General Fixed Asset Account Gr 279073 67,009 METRO TRANSIT Other Contracted Services General LRT 278775 60,779 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital 7974 57,566 USB-PURCHASING CARD Protective Clothing Street Maintenance 1026717 55,568 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud 1026929 55,564 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North 279172 53,395 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 278641 52,290 TESLA MOTORS INC Autos Fleet Capital 278603 48,731 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 279179 48,375 DEPARTMENT OF CORRECTIONS Other Contracted Services Water Enterprise Fund 278770 48,350 LIFETOUCH INC Deposits General Fund 1026820 48,075 JEFFERSON FIRE & SAFETY INC Capital Under $25,000 Fire 278808 47,859 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt 1026921 46,225 LOGIS Software Maintenance IT Operating 1026704 45,186 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud 1026916 41,837 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud 279234 40,166 VERMONT SYSTEMS, INC Software Maintenance IT Operating 1026708 39,986 LOGIS Network Support IT Operating 1026831 38,261 XCEL ENERGY Electric General Community Center 278928 36,902 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 278734 35,800 BLACKSTONE CONTRACTORS LLC Improvement Contracts General Fixed Asset Account Gr 8003 32,238 EMPOWER Deferred Compensation Health and Benefits 278850 30,951 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 7963 28,924 EMPOWER Deferred Compensation Health and Benefits 8015 28,446 EMPOWER Deferred Compensation Health and Benefits 8014 27,970 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8002 25,102 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 278729 24,566 ABM ONSITE SERVICES-MIDWEST Janitor Service Fire Station #1 278622 23,922 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 7962 22,868 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 278758 22,745 GL CONTRACTING INC Improvement Contracts Stormwater Capital 279204 22,336 METRO TRANSIT Other Contracted Services General LRT 1026863 20,813 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 1026872 19,535 WALL TRENDS INC Capital Under $25,000 City Center - CAM 278814 19,393 YMCA OF THE NORTH Other Contracted Services Organizational Services 278644 19,052 THOMAS AND SONS CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 278494 18,911 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1026808 18,416 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 278648 18,363 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 279137 18,335 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1026723 18,106 XCEL ENERGY Electric Prairie Village Liquor Store 278873 18,056 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 7992 17,966 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 1026915 17,961 GRANICUS INC Other Contracted Services IT Operating 1026755 17,836 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility102681017,810 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 278739 17,747 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 278772 17,280 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 7980 17,101 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 278742 16,592 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing 1026706 16,490 JEFFERSON FIRE & SAFETY INC Small Tools Fire 1026754 15,859 CENTERPOINT ENERGY Gas Water Supply (Wells) 279219 15,529 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 7968 15,468 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 279216 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1026751 15,179 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Wastewater Lift Station 1026697 14,832 CENTERPOINT ENERGY Gas General Community Center 279186 14,703 GRAYMONT Treatment Chemicals Water Treatment 279187 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store 1026761 14,650 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital 1026758 14,494 EPA AUDIO VISUAL INC Hardware - R&M IT Operating 7965 14,326 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1026911 14,308 ELECTRIC PUMP Equipment Repair & Maint Wastewater Capital 278503 14,284 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 278826 13,948 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 279203 13,724 MASIMO AMERICAS INC EMS Supplies General Fund 1026901 13,521 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 1026854 13,464 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 7973 13,310 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1026710 12,993 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.Pool Maintenance 1026741 12,929 DAILEY DATA & ASSOCIATES Computers Den Road Liquor Store 8006 12,876 FURTHER - AKA SELECT HSA - Employee Health and Benefits 1026857 12,681 CENTERPOINT ENERGY Gas Senior Center 1026909 12,567 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 279158 12,500 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 278607 11,998 NORTH AMERICAN RESCUE EMS Supplies Fire 278982 11,777 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 278488 11,749 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 278896 11,619 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 279129 11,415 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 279144 11,373 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 278592 11,275 LAVAN FLOOR COVERING Contract Svcs - General Bldg City Center - CAM 278700 11,100 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 279001 11,042 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 7987 11,035 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 279130 10,831 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 278861 10,516 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 278519 10,457 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 278473 10,406 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 7957 10,382 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 7958 10,382 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 278692 10,360 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1026842 10,025 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 279114 10,010 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 278849 9,953 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1026818 9,950 HENRICKSEN & COMPANY INC Operating Supplies Fire 1026802 9,440 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 1026934 9,160 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #42786909,080 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 278487 9,073 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 278525 9,059 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 278720 8,803 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 278857 8,797 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 279152 8,582 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1026692 8,511 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 279054 8,281 GYM WORKS Equipment Repair & Maint Fitness Center 278709 8,239 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1026844 8,171 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Lawn Maint.Fire Station #4 1026874 8,034 XCEL ENERGY Reimbursement Street Lighting 1026819 8,033 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 279088 8,007 SOCCER SHOTS Instructor Service Preschool Events 279055 7,886 H6 TACTICAL INC Equipment Repair & Maint Public Safety Communications 1026682 7,793 CLAREY'S SAFETY EQUIPMENT Small Tools Emergency Management 278980 7,741 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1026919 7,721 JEFFERSON FIRE & SAFETY INC Small Tools Fire 278889 7,590 APPLIED CONCEPTS, INC.Capital Under $25,000 Police Sworn 278991 7,188 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 278790 7,166 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM 279235 7,146 VESSCO INC Repair & Maint. Supplies Water Treatment 279201 7,091 M R SIGN Signs Traffic Signs 279121 7,066 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1026830 6,970 STREICHERS Clothing & Uniforms Police Sworn 278975 6,922 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 279164 6,812 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 278657 6,751 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund 278590 6,640 K&S HEATING AIR PLUMBING ELECTRIC INC Other Contracted Services Rehab 278841 6,610 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 278608 6,578 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance 278715 6,561 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 7983 6,545 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 278489 6,514 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1026776 6,490 ZIEGLER INC Other Rentals Tree Disease 279066 6,450 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing Check #Amount Supplier / Explanation Account Description Business Unit Comments 278699 6,448 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 278479 6,373 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 279096 6,349 VERIZON WIRELESS Other Contracted Services IT Operating 278675 6,288 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 278819 6,279 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 278587 6,216 INDIGO SIGNWORKS, INC.Improvement Contracts Capital Maint. & Reinvestment 279085 6,200 PRINTING ENTERPRISES INC Printing Recycle Rebate 1026902 6,187 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 279136 6,052 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1026711 5,965 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 278872 5,880 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 278512 5,868 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 279108 5,835 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 279230 5,820 TRACKER Software Maintenance IT Operating 279157 5,783 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 278467 5,755 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 7981 5,738 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 279009 5,711 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store10267675,674 METRO SALES INCORPORATED*Other Rentals IT Operating 278713 5,548 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 7956 5,535 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 278881 5,515 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 278879 5,513 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1026894 5,400 DAILEY DATA & ASSOCIATES Software Maintenance IT Operating 279023 5,357 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 278513 5,337 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1026763 5,284 ITRON INC.Repair & Maint. Supplies Water Metering 278468 5,256 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 278804 5,213 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 278944 5,192 SSI KEF SLB LLC Electric City Center - CAM 278651 5,178 VISIONS INC Printing/Copying 494 Corridor Commission 278745 5,075 D TAILS CONSTRUCTION SERVICE INC Other Contracted Services Rehab 7979 5,060 FURTHER - AKA SELECT HRA Health and Benefits 278691 5,047 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 278735 5,018 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 278759 4,990 GRAYMONT Treatment Chemicals Water Treatment 1026719 4,943 STREICHERS Clothing-Boots Police Sworn 278726 4,919 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 279053 4,895 GRAYMONT Treatment Chemicals Water Treatment 278950 4,889 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund 278915 4,868 GRAYMONT Treatment Chemicals Water Treatment 279239 4,852 HEALTHPARTNERS Prepaid Expenses 494 Corridor Commission 1026705 4,808 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1026906 4,782 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects 278967 4,769 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 278926 4,728 LEADSONLINE LLC Other Contracted Services Police Sworn 278789 4,709 POSTMASTER Postage Communications 278914 4,690 FIREHOUSE FABRICATORS INC Training Fire 279060 4,682 HYDRO-VAC INC Other Contracted Services Stormwater Collection 1026920 4,669 LITTLE FALLS MACHINE INC Equipment Repair & Maint Fleet Operating 278792 4,657 PROP Other Contracted Services CDBG - Public Service 278762 4,638 HENNEPIN COUNTY TREASURER Other Contracted Services Assessing 279143 4,601 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 278576 4,596 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 278832 4,554 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 278747 4,494 DG CENTRAL 1 LLC Electric Facilities Operating ISF 279153 4,399 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 278500 4,364 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 278618 4,328 POSTMASTER Advertising Prairie View Liquor Store 278842 4,166 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 278683 4,154 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1026853 4,152 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects 279072 4,106 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 278843 4,105 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 278506 4,078 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1026701 4,042 GENUINE PARTS COMPANY Equipment Parts Pool Maintenance 278666 4,033 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 278899 4,027 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Dunn Brothers 278940 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 278610 3,993 OPUS GROUP Outside Water Sales Water Enterprise Fund 278746 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund2787983,976 ST. PAUL PORT AUTHORITY Deposits General Fund 279181 3,973 EMPIRE PIPE SERVICES Outside Water Sales Water Enterprise Fund 279016 3,965 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 279233 3,951 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 279192 3,939 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 278757 3,912 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment 7975 3,900 PFM ASSET MANAGEMENT LLC Interest Investment Fund 278923 3,899 JONES & BARTLETT LEARNING LLC Training Supply-Recruit Fire 1026683 3,875 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Arts Center 279017 3,874 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1026868 3,791 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 278667 3,720 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 278755 3,706 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 278738 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 279221 3,668 SAMPAIR COMPANIES Right of Way & Easement EP Rd Connect to Flying Cloud 278579 3,639 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 278821 3,629 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 279193 3,600 ISG Other Contracted Services Capital Maint. & Reinvestment 7976 3,591 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 278815 3,575 ZHAN PING AND GREGORY KUZNECOFF Developer Fees General Fund 278833 3,531 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 278868 3,509 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 278839 3,438 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 279062 3,436 JOHNSON CONTROLS Other Contracted Services Facilities Capital 279113 3,424 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 278949 3,381 VERIZON WIRELESS Data Plans - Police IT Operating 7993 3,336 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 279196 3,322 JOHNSON CONTROLS Other Contracted Services Facilities Capital 279188 3,319 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 278932 3,292 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 278707 3,288 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 278778 3,275 MIRACLE RECREATION EQUIPMENT CO Equipment Repair & Maint Park Maintenance 1026787 3,257 AMERICAN ENGINEERING TESTING INC Testing Shady Oak Rd-CR 61 North 279229 3,240 THE ADVENT GROUP Temp 494 Corridor Commission 278959 3,234 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 279075 3,220 MHSRC/RANGE Training Police Sworn 7989 3,189 CARD CONNECT Bank and Service Charges Community Center Admin 279199 3,180 KORTERRA, INC Other Contracted Services Utility Operations - General 1026768 3,150 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 278605 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service 278469 3,103 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 279067 3,100 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1026750 3,082 WENCK ASSOCIATES INC Design & Engineering Stormwater Capital 278534 3,080 APPLIED CONCEPTS, INC.Capital Under $25,000 Police Sworn 278522 3,066 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 278614 3,066 PERA Wages and Benefits 494 Corridor Commission 1026703 3,050 GRANICUS INC Other Contracted Services Communications 1026695 3,037 BIFFS INC Waste Disposal Park Maintenance 278816 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1026772 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 278784 2,989 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff 278493 2,968 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 278719 2,949 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store2786312,936 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 278801 2,912 STONEWOOD CORPORATION Right of Way & Easement EP Rd Connect to Flying Cloud 279146 2,897 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 278981 2,867 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 278518 2,860 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1026817 2,844 HAWKINS INC Treatment Chemicals Water Treatment 278547 2,811 BRYAN ROCK PRODUCTS INC Gravel Stormwater Collection 279100 2,796 WM CORPORATE SERVICES INC Waste Disposal City Center - CAM 279092 2,772 TED'S CHRISTMAS LIGHTING Other Contracted Services Purgatory Creek Park 278783 2,763 NORTH AMERICAN INVASIVE SPECIES MGMT Signs Park Maintenance 278665 2,706 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 279220 2,700 RIVER CITY CANVAS LLC Equipment Repair & Maint Fire 278807 2,667 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire 278546 2,632 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #4 279107 2,624 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 279162 2,612 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 278514 2,607 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 278901 2,571 CENTURYLINK Telephone City Center - CAM 278774 2,525 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 279052 2,500 GERTZ, JOHN Other Contracted Services Heritage Preservation 279202 2,500 MARSHBANK DARREN Tuition Reimbursement/School Organizational Services 278636 2,481 STATE OF MINNESOTA Autos Fleet Capital 278714 2,453 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 278918 2,443 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 278846 2,420 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 278482 2,409 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 279119 2,400 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 279228 2,393 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 278795 2,312 SELTZ JOEL Right of Way & Easement EP Rd Connect to Flying Cloud 278947 2,300 TAYLOR LISA Accounts Receivable TIF-Eden Shores Senior Housing 278557 2,282 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 278990 2,277 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 279150 2,277 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 278613 2,275 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services Community Center Admin 278484 2,256 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 278865 2,232 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 278472 2,232 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1026823 2,215 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 279065 2,194 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin 279007 2,190 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1026907 2,183 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Capital 278527 2,156 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 279079 2,110 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications 279224 2,093 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 278820 2,089 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor - Incentives Prairie Village Liquor Store 1026764 2,087 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 278492 2,076 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1026850 2,061 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 278674 2,047 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 278997 2,024 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 278724 2,021 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 279126 2,011 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 278867 1,996 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store2788631,995 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 279104 1,971 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 278765 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1026700 1,951 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 278756 1,950 FIRENET SYSTEMS INC Building Repair & Maint.Utility Operations - General 278977 1,950 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 279029 1,935 ARVIG Fiber Lease Payments IT Operating 1026803 1,929 ANCHOR PAPER COMPANY Office Supplies Customer Service 278883 1,914 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 278869 1,911 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 278749 1,890 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Touch Football 278782 1,870 NEOLOGY INC Autos Fleet Capital 279031 1,835 BOOSHIE INC Operating Supplies Fire 279056 1,814 HEALTH STRATEGIES Operating Supplies Fire 279050 1,800 EVENSON, KATHI Accounts Receivable TIF-Eden Shores Senior Housing 1026837 1,790 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 279008 1,781 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 278771 1,777 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 278936 1,759 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance 278966 1,758 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1026889 1,758 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1026834 1,757 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1026824 1,752 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance 278661 1,751 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 279109 1,746 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1026856 1,743 BOYER TRUCKS Equipment Parts Fleet Operating 279059 1,733 HIGHWAY 5 BP Operating Supplies Police Sworn 278521 1,711 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 278960 1,709 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 279161 1,709 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1026862 1,707 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 1026728 1,705 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 279125 1,700 WINEBOW Liquor Product Received Prairie Village Liquor Store 278654 1,693 WATERFRONT RESTORATION LLC OCS - Monitoring Stormwater Non-Capital 278509 1,693 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 278761 1,670 GYM WORKS Equipment Repair & Maint Fitness Center 278805 1,660 THE ADVENT GROUP Temp 494 Corridor Commission 8009 1,656 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 279094 1,650 TREE TRUST Other Contracted Services Tree Removal 278545 1,638 BLUEPEARL VETERINARY Canine Supplies Police Sworn 279191 1,636 HOPE HAVEN INC Building Materials Street Maintenance 279156 1,631 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 278595 1,620 LUBE-TECH & PARTNERS LLC Equipment Repair & Maint Fleet Operating 279142 1,618 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 278948 1,600 THE ADVENT GROUP Temp 494 Corridor Commission 279093 1,600 THE ADVENT GROUP Temp 494 Corridor Commission 278498 1,600 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1026811 1,578 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 7978 1,575 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 278711 1,564 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 279166 1,554 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 278580 1,553 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 279083 1,533 PERA Wages and Benefits 494 Corridor Commission10268391,533 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 278687 1,505 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 278600 1,500 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 278937 1,500 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services 1026846 1,488 HACH COMPANY Process Control Services Water Treatment 278702 1,485 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1026833 1,482 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 278748 1,478 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 278677 1,473 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 278836 1,468 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 279134 1,463 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 8016 1,454 U.S. BANK - I-494 PURCH. CARD Computers 494 Corridor Commission 278680 1,447 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 279049 1,443 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 278912 1,440 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball 1026876 1,428 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 278825 1,424 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 278902 1,416 CENTURYLINK Telephone Water Distribution 278856 1,406 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 278817 1,397 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1026881 1,394 VINOCOPIA Liquor Product Received Den Road Liquor Store 1026698 1,374 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 279197 1,368 JOHNSON FITNESS & WELLNESS Health & Fitness Fire 278660 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission 279237 1,364 YORKTOWN OFFICES Prepaid Expenses 494 Corridor Commission 7969 1,359 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 278988 1,357 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 278585 1,354 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection 278583 1,350 HOIGAARD'S CUSTOM CANVAS Repair & Maint. Supplies Water Treatment 278732 1,339 ASPEN MILLS Clothing & Uniforms Fire 1026686 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 279217 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 1026884 1,296 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1026693 1,282 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 279071 1,275 MASIMO AMERICAS INC EMS Supplies-EMS Supplies Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 279190 1,275 HENNEPIN COUNTY TREASURER Deposits General Fund 278906 1,270 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 278919 1,260 IBRAHIM, MOHAMOUD Tuition Reimbursement/School Organizational Services 278706 1,256 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 278791 1,256 PROP Other Contracted Services CDBG - Public Service 1026749 1,255 VAN PAPER COMPANY Cleaning Supplies Fire Station #3 278773 1,237 METRON-FARNIER LLC Repair & Maint. Supplies Water Metering 1026781 1,235 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 278584 1,229 HOME DEPOT CREDIT SERVICES Equipment Repair & Maint City Center - CAM 278529 1,198 1ST SOURCE BUSINESS SUPPLIES Cleaning Supplies Facilities Operating ISF 278573 1,197 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution 1026866 1,188 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.Utility Operations - General 278958 1,172 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 278776 1,172 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 1026877 1,170 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 7988 1,168 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 279210 1,130 NAC Contract Svcs - Plumbing Fire Station #2 279026 1,127 AIRGAS USA LLC Supplies - Pool Pool Maintenance10266761,122 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 278643 1,119 THE ADVENT GROUP Temp 494 Corridor Commission 1026816 1,118 GRAINGER Operating Supplies Water Treatment 1026770 1,113 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Operating 278864 1,112 WINEBOW Liquor Product Received Den Road Liquor Store 278516 1,107 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 7997 1,103 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1026924 1,092 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Maintenance Facility 278927 1,083 MARCO INC Hardware - R&M IT Operating 7972 1,083 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1026722 1,081 WM MUELLER AND SONS INC Gravel Water Distribution 1026782 1,078 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1026845 1,076 FASTENAL COMPANY Equipment Parts Fleet Operating 7966 1,073 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 278718 1,073 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 278972 1,073 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 279089 1,070 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Training Supplies Fire 1026813 1,068 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 278957 1,064 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 278983 1,044 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 279032 1,030 BOUND TREE MEDICAL LLC EMS Supplies Fire 279047 1,000 DRYDEN EXCAVATING Deposits General Fund 278823 996 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 278963 969 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 278471 967 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 278837 960 WINEBOW Liquor Product Received Prairie Village Liquor Store 278679 954 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1026832 945 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1026796 942 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 278930 941 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions Police Sworn 279147 939 WINEBOW Liquor Product Received Den Road Liquor Store 278845 936 DOMACE VINO Liquor Product Received Den Road Liquor Store 279124 935 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1026731 935 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 279200 929 LEAGUE MN CITIES INS TRUST Prepaid Expenses WAFTA Check #Amount Supplier / Explanation Account Description Business Unit Comments 279027 929 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 1026890 928 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 279117 927 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 278929 927 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 1026766 925 MENARDS Landscape Materials/Supp Park Maintenance 278870 916 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1026709 916 MENARDS Repair & Maint. Supplies Utility Operations - General 279003 913 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 278598 900 MARTIN-MCALLISTER Other Contracted Services Organizational Services 278878 900 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1026880 894 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1026840 892 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1026778 886 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 278477 875 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 278723 869 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1026908 854 BIFFS INC Waste Disposal Utility Operations - General 278650 850 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition & Development 278900 848 CEMSTONE PRODUCTS COMPANY Landscape Materials/Supp Park Maintenance1026734840VINOCOPIALiquor Product Received Prairie View Liquor Store 278464 837 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 279010 835 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1026716 835 SPS COMPANIES Supplies - Plumbing City Center - CAM 8004 832 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 278696 812 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1026762 810 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Treatment 278844 804 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1026885 802 VINOCOPIA Liquor Product Received Prairie View Liquor Store 278544 795 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 1026873 791 WM MUELLER AND SONS INC Gravel Water Distribution 1026882 788 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 278766 784 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 278728 779 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 279189 766 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 278490 765 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 278693 763 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1026732 754 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 279232 752 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1026900 752 KLEINWACHTER, NICK Operating Supplies IT Operating 1026878 750 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 278779 747 MOR GOLF AND UTILITY INC Operating Supplies Tree Disease 1026836 743 VINOCOPIA Liquor Product Received Den Road Liquor Store 1026923 739 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Maintenance Facility 278987 735 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 278694 733 DOMACE VINO Liquor Product Received Den Road Liquor Store 278528 728 WINEBOW Liquor Product Received Prairie View Liquor Store 278730 724 AIRGAS USA LLC Supplies - Pool Pool Maintenance 279173 720 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 278995 718 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 278589 716 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 279195 716 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 278888 716 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Police (City Cost) 1026760 707 GRAINGER Repair & Maint. Supplies Water Supply (Wells) 279110 703 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 279132 700 DOMACE VINO Liquor Product Received Den Road Liquor Store 278656 698 WHEELER LUMBER LLC Building Materials Park Maintenance 278465 695 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 278485 695 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 279070 693 MARSHALL'S FARM MARKET Operating Supplies Fall Harvest 279020 691 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 279183 690 FIRE SAFETY USA INC Health & Fitness Fire 279131 676 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 279213 670 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1026672 662 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 278564 660 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal 279212 660 ONSOLVE LLC Other Contracted Services General Fund 278486 659 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 278992 652 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1026785 650 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1026679 650 AMERICAN ENGINEERING TESTING INC Testing Shady Oak Rd-CR 61 North 278671 647 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1026867 644 MULCAHY COMPANY INC Repair & Maint - Ice Rink Ice Arena Maintenance1026684643FASTENAL COMPANY Equipment Parts Fleet Operating 1026806 634 BOYER TRUCKS Equipment Parts Fleet Operating 278943 624 SNAP-ON TOOLS Small Tools Fleet Operating 278474 620 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 278496 620 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 278520 620 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 279182 616 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection 279171 612 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Utility Operations - General 1026726 611 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 8000 605 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8012 605 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7960 603 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 279238 600 YOUNG ANDY Tuition Reimbursement/School Police Sworn 278884 597 WINEBOW Liquor Product Received Prairie View Liquor Store 279013 596 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 278550 595 CENTURYLINK Telephone E-911 Program 278831 594 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1026928 593 SPS COMPANIES Supplies - Plumbing City Center - CAM 278559 587 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1026898 586 HACH COMPANY Repair & Maint. Supplies Water Treatment 278624 575 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire 278885 575 88 TACTICAL OMAHA LLC Tuition Reimbursement/School Police Sworn 278611 573 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 278543 568 BLACKSTONE CONTRACTORS LLC Improvement Contracts Stormwater Capital 279133 567 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 279185 563 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution 278617 562 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn 278710 561 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1026735 558 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 278996 551 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 279218 550 PRINCIPAL FINANCIAL GROUP Prepaid Expenses 494 Corridor Commission 1026870 544 STREICHERS Clothing & Uniforms Police Sworn 1026690 543 THE OASIS GROUP Employee Assistance Organizational Services 279184 537 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 279042 523 DAHLMAN, DAVID Rebates Stormwater Non-Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments 278704 510 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026780 509 VINOCOPIA Liquor Product Received Den Road Liquor Store 278507 508 WINEBOW Liquor Product Received Den Road Liquor Store 1026673 504 VINOCOPIA Liquor Product Received Prairie View Liquor Store 278848 500 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1026918 498 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 279061 495 JENSEN TECHNICAL SERVICES Other Contracted Services Ice Operations 278871 489 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1026897 486 GENERAL PARTS LLC Supplies - General Bldg General Community Center 1026792 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service 278971 476 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 278916 473 GYM WORKS Equipment Repair & Maint Fire 1026841 472 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1026730 472 VINOCOPIA Liquor Product Received Den Road Liquor Store 278703 472 MEGA BEER Liquor Product Received Den Road Liquor Store 278466 470 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 278510 470 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 278659 470 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility7967470FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 7996 467 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1026883 464 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 278787 464 PAPCO INC Janitor Service General Community Center 1026670 463 VINOCOPIA Liquor Product Received Den Road Liquor Store 278953 457 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1026753 455 CDW GOVERNMENT INC.Hardware - R&M IT Operating 278531 452 ALEX AIR APPARATUS INC Equipment Repair & Maint Emergency Management 279044 450 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 278874 445 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1026822 442 MENARDS Equipment Parts Facilities Staff 278986 441 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 278799 441 STAPLES ADVANTAGE Office Supplies Customer Service 1026864 438 MENARDS Operating Supplies Traffic Signs 1026935 438 WM MUELLER AND SONS INC Gravel Water Distribution 279012 429 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 279051 428 GERTENS Landscape Materials/Supp Park Maintenance 278852 426 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026674 425 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 278924 420 KAISER, DAVID S Contract Svcs - Ice Rink Fitness Center 1026852 420 WISE JAMES J Mileage & Parking Assessing 1026828 414 SPRINT Cell Phones 494 Corridor Commission 278993 413 MEGA BEER Liquor Product Received Den Road Liquor Store 1026737 412 ALLMANN, ANDY Tuition Reimbursement/School Organizational Services 278922 411 JOHN HENRY FOSTER MINNESOTA INC Contract Svcs - Fire/Life/Safe Maintenance Facility 1026812 407 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 279236 406 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 278515 405 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 279014 405 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 279041 403 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1026742 402 FASTENAL COMPANY Equipment Parts Fleet Operating 278639 400 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 278802 400 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 279227 400 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 278491 400 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 279090 397 STAPLES ADVANTAGE Office Supplies Customer Service 279155 397 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1026886 394 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 279180 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 279118 385 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1026678 382 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 279225 381 STAPLES ADVANTAGE Office Supplies Customer Service 279097 380 WATCHGUARD VIDEO Equipment Repair & Maint Police Sworn 278560 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 279177 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 279028 379 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store 278911 379 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 278840 377 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 278558 377 COMMERCIAL TRUCK COLLISSION INC Equipment Repair & Maint Fleet Operating 278887 376 ABBRING KATIE Rebates Stormwater Non-Capital 278565 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 1026788 372 CLAREY'S SAFETY EQUIPMENT Clothing & Uniforms Utility Operations - General 1026869 370 SPS COMPANIES Supplies - Plumbing City Center - CAM1026826370REINDERS INC Chemicals Park Maintenance 278822 368 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 279148 366 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 278721 365 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 279194 364 J H LARSON COMPANY Supplies - Electrical Miller Park 278591 360 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 278892 360 AT YOUTH PROGRAMS LLC Instructor Service Tennis 278962 360 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 279081 360 OFFICE OF THE SECRETARY OF STATE Licenses, Taxes, Fees Police Sworn 278676 353 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 278647 352 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 278499 352 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1026925 351 PREMIUM WATERS INC Operating Supplies - Water Fire 1026821 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 278769 350 KENDELL DOORS & HARDWARE INC Contract Svcs - General Bldg General Community Center 1026727 347 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1026671 346 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1026804 344 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1026865 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1026791 337 FASTENAL COMPANY Waste Disposal Fleet Operating 278501 336 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026879 336 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1026687 336 METROPOLITAN FORD Equipment Parts Fleet Operating 278731 335 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store 279159 331 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 278701 329 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026779 326 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 278847 326 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 279127 326 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 278942 325 SHRIVASTAVA PREETI AR Utility Water Enterprise Fund 278970 325 MEGA BEER Liquor Product Received Prairie Village Liquor Store 278662 324 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 278688 324 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 278712 324 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1026927 322 SHI CORP Software IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 279082 318 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance 278984 317 DOMACE VINO Liquor Product Received Den Road Liquor Store 1026756 316 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 279214 315 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM 7971 307 US BANK - PAYMODE Bank and Service Charges Finance 279165 306 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 278669 305 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 279004 305 BERGMAN LEDGE LLC Liquor Product Received Prairie View Liquor Store 1026771 302 PRAIRIE ELECTRIC COMPANY Hardware - R&M IT Operating 278835 302 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 278478 301 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 278620 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 278743 300 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 279120 300 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 279207 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #1 279222 300 SCOTT COUNTY TREASURER Other Rentals Police Sworn 1026746 300 METROPOLITAN FORD Equipment Parts Fleet Operating 1026740 298 CUSTOM HOSE TECH Equipment Repair & Maint Fleet Operating279140298MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 278741 295 CINTAS CORPORATION Safety Supplies Community Center Admin 1026720 294 TWIN CITY FILTER SERVICE INC Supplies - HVAC Facilities Operating ISF 278612 294 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 279043 293 DAYROBB BATTERIES PLUS Supplies - Electrical Emergency Management 278681 293 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 279211 292 NORTH AMERICAN RESCUE Protective Clothing Fire 278563 292 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 278684 288 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store 278827 287 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 7984 285 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1026913 285 FORCE AMERICA Equipment Parts Fleet Operating 278858 284 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 279167 284 WINEBOW Liquor Product Received Prairie View Liquor Store 278855 282 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026843 282 CARLSTON, BRANDON Clothing & Uniforms Police Sworn 278853 281 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 278818 278 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 278866 278 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 278777 278 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 278678 274 MEGA BEER Liquor Product Received Prairie Village Liquor Store 278722 274 MEGA BEER Liquor Product Received Prairie View Liquor Store 278828 272 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1026681 272 CARLSTON, BRANDON Canine Supplies Police Sworn 1026712 271 PREMIUM WATERS INC Operating Supplies - Water Fire 1026887 270 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1026799 268 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 278601 264 MINNESOTA AIR INC Supplies - HVAC Fire Station #3 278989 262 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1026777 260 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 278954 260 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 279205 260 METRO UPHOLSTERY Equipment Repair & Maint Fleet Operating 1026774 257 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 1026725 256 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 279000 254 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 278535 250 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 278890 250 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 278838 250 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1026815 247 GRAFIX SHOPPE Equipment Parts Fleet Operating 7964 247 VANCO SERVICES Bank and Service Charges Wastewater Accounting 278673 242 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1026765 239 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 1026688 239 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 278537 239 ASPEN MILLS Clothing-Boots Fire 278910 239 DIRECTV Safety Supplies Community Center Admin 278829 239 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 279163 238 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 279231 238 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 279019 237 MEGA BEER Liquor Product Received Prairie View Liquor Store 1026926 237 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1026752 236 BOYER TRUCKS Equipment Parts Fleet Operating 278875 236 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 279106 236 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store8010233US BANK - PAYMODE Bank and Service Charges Finance 279169 231 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 1026848 228 METROPOLITAN FORD Equipment Parts Fleet Operating 278645 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1026861 224 GRAINGER Repair & Maint. Supplies Maintenance Facility 1026932 223 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 278695 220 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 278998 220 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026675 220 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 278974 219 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 278508 210 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 278526 210 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 278964 209 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1026707 205 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 279168 205 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police Sworn 279040 204 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection 278698 199 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 278793 196 PROP - PR Charitable Contributions Health and Benefits 278593 195 LOES OIL COMPANY Waste Disposal Fleet Operating 278968 195 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 279112 195 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 279105 190 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 279151 190 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 279035 190 COMCAST Internet IT Operating 279116 189 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 278497 188 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026733 188 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1026702 187 GRAINGER Repair & Maint. Supplies Water Treatment 1026689 186 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 278570 186 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 279209 185 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 278965 184 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 278633 184 STAPLES ADVANTAGE Office Supplies Customer Service 279160 182 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 278670 181 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1026685 181 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr 278504 180 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 278764 180 INNOVATIVE GRAPHICS Clothing & Uniforms Police Sworn 278976 180 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 279078 180 MOES PEST CONTROL Contract Svcs - Pest Control Dunn Brothers 279141 180 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 279198 179 KILL ROBERT P&R Refunds Community Center Admin 278973 177 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 278505 176 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 278876 176 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 278539 175 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 278862 174 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1026888 174 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1026748 174 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 278717 173 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 278961 171 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie Village Liquor Store 278985 171 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Den Road Liquor Store 1026738 171 BARRIE SPENCER Clothing & Uniforms Police Sworn278663170BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1026931 169 TOWMASTER INC Equipment Parts Fleet Operating 278834 168 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 279122 168 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1026718 165 STERICYCLE INC Other Contracted Services Police Sworn 278481 165 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 278768 165 KAISER, DAVID S Equipment Repair & Maint Fitness Center 279015 165 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 278616 163 PILGRIM DRY CLEANERS INC Other Contracted Services Fire 1026912 163 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 7994 163 OPTUM HEALTH Other Contracted Services Health and Benefits 1026784 162 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1026855 161 AMERICAN TIME & SIGNAL CO Contract Svcs - General Bldg General Community Center 8007 161 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1026793 160 GREGOIRE, DAVID Tuition Reimbursement/School Police Sworn 279115 159 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 279145 159 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1026827 159 SHERWIN WILLIAMS Repair & Maint. Supplies Water Treatment 278668 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 278502 156 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 278727 156 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 278830 156 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 278788 155 PIRTEK BURNSVILLE Repair & Maint. Supplies Wasterwater Collection 1026829 154 SPS COMPANIES Supplies - Plumbing City Center - CAM 278689 154 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 279006 154 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 279139 153 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store 278483 152 WINEBOW Liquor Product Received Prairie Village Liquor Store 1026789 152 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance 1026721 150 USA SECURITY Maintenance Contracts Water Treatment 1026933 150 USA SECURITY Maintenance Contracts Water Treatment 278969 149 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 278895 149 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 278572 149 GOLDEN VALLEY SUPPLY CO Capital Under $25,000 Senior Center 278860 147 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1026729 147 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 279135 146 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 278999 146 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 279022 146 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 278686 145 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 278891 145 ASPEN MILLS Clothing & Uniforms Fire 278480 144 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store 1026838 144 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 278475 142 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 278517 140 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 278740 140 CENTURYLINK Telephone IT Operating 278824 140 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 279103 138 PETTY CASH-EPCC Mileage & Parking Round Lake Beach 278705 138 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 279128 138 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 278523 137 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 278955 136 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 278979 136 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store278994136MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 279005 136 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 279025 135 A TO Z RENTAL CENTER Equipment Repair & Maint Fire 279011 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store 279077 133 MN DEPARTMENT OF NATURAL RESOURCES Signs Park Maintenance 278627 132 SHURSON, BOB P&R Refunds Community Center Admin 278905 131 COMCAST Phone/Data/Web 494 Corridor Commission 1026825 131 OSI BATTERIES INC Operating Supplies Police Sworn 1026903 130 MPX GROUP, THE Printing Police Sworn 278956 130 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 279069 129 MANGONE MICHAEL AR Utility Water Enterprise Fund 1026747 129 MPX GROUP, THE Printing Police Sworn 1026800 128 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Park Maintenance 278495 126 JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store 278877 126 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store 278754 125 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Superior Office Crt 278554 123 COMCAST Cable TV Fire 279154 123 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1026914 122 GRAINGER Equipment Parts Water Treatment 278913 122 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 279024 121 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 278811 121 VERIZON WIRELESS Telephone E-911 Program 279018 121 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 278978 120 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 279076 120 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 1026797 120 MPX GROUP, THE Office Supplies Fire 1026696 117 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store 279101 117 ZIGRINO ANDREA P&R Refunds Community Center Admin 278552 116 CINTAS Operating Supplies Park Maintenance 1026895 114 FASTENAL COMPANY Safety Supplies Fleet Operating 278697 113 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 278653 113 WARNING LITES Operating Supplies Traffic Signs 278854 113 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1026790 111 CUSTOM HOSE TECH Equipment Parts Fleet Operating 278470 111 DOMACE VINO Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 278716 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 279084 111 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Stormwater Collection 278532 110 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 278859 110 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 278851 108 JUST PLAIN WRONG BREWING CO LLC Liquor Product Received Den Road Liquor Store 279226 108 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1026745 107 HYNEK, EVAN Clothing & Uniforms Police Sworn 278568 106 FIRE SAFETY USA INC EMS Supplies-EMS Supplies Fire 279138 106 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 278524 105 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 278597 105 MARBLE TYLER P&R Refunds Community Center Admin 278946 103 TASK FORCE TIPS INC Equipment Parts Fleet Operating 279038 103 COMCAST Cable TV Fire 279149 102 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 279058 101 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 279170 100 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 278511 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1026875 97 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store27917697CINTASOther Contracted Services Park Maintenance 278796 94 SHRED RIGHT Waste Disposal City Hall (City Cost) 278685 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 278569 90 FIRST SERVICE RESIDENTIAL P&R Refunds Community Center Admin 278596 90 LUNDIN, TOM P&R Refunds Community Center Admin 278606 90 MULTIVENTURE PROPERTIES P&R Refunds Community Center Admin 278904 90 COMCAST Internet IT Operating 278708 89 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 278476 89 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 279002 89 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 278571 89 FUHS MICHAEL AR Utility Water Enterprise Fund 279111 88 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 7982 88 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 278604 87 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 279123 87 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1026677 87 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1026851 86 VERLEY, VALERIE Mileage & Parking Community Center Admin 279021 85 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 279046 84 DORN SANDRA P&R Refunds Community Center Admin 278630 84 SNAP-ON TOOLS Small Tools Fleet Operating 278920 83 J H LARSON COMPANY Operating Supplies City Center - CAM 278882 82 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 279037 81 COMCAST Equipment Repair & Maint E-911 Program 1026859 80 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 278810 80 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 1026744 80 HESSEL, ZACK Clothing & Uniforms Police Sworn 278797 80 SNAP-ON TOOLS Small Tools Fleet Operating 1026786 79 AJITAPRASAD, BEENA Mileage & Parking Community Center Admin 1026892 78 BOSACKER MIKE Mileage & Parking Police Sworn 278682 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 278725 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 278880 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 278753 75 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 1026807 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre 1026858 75 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions Check #Amount Supplier / Explanation Account Description Business Unit Comments 278809 72 UNITED WAY Charitable Contributions Health and Benefits 278619 71 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Street Maintenance 278909 70 DAYROBB BATTERIES PLUS Supplies - Electrical Outdoor Center Facilities 1026736 69 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1026680 68 BERRY COFFEE COMPANY Merchandise for Resale Concessions 278555 67 COMCAST Cable TV Fire 1026893 66 CONCRETE CUTTING AND CORING Equipment Parts Street Maintenance 278574 66 GUETHLING BARBARA P&R Refunds Community Center Admin 278760 65 GS DIRECT Operating Supplies Engineering 1026769 65 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1026899 65 JOHNSTONE SUPPLY Supplies - HVAC Prairie View Liquor Store 278733 65 BEUTZ, KARI P&R Refunds Community Center Admin 278744 64 CORE & MAIN Operating Supplies Park Maintenance 8008 63 MONEY MOVERS INC Other Contracted Services Community Center Admin 278894 63 BASTIAN MAYA P&R Refunds Community Center Admin 279063 63 JOHNSTONE SUPPLY Building Repair & Maint.Water Supply (Wells) 279215 61 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 1026759 60 FORCE AMERICA Equipment Parts Fleet Operating27895260DEPARTMENT OF PUBLIC SAFETY Licenses, Taxes, Fees Prairie View Liquor Store 1026860 60 FERRELLGAS Gas Water Treatment 1026814 60 GINA MARIAS INC Operating Supplies Volunteers 278886 59 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 278750 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1026917 57 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 279068 57 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 278588 57 J H LARSON COMPANY Supplies - Electrical City Center - CAM 1026794 56 HACH COMPANY Laboratory Chemicals Water Treatment 1026739 55 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes 7970 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 7998 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 1026835 54 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 279036 53 COMCAST Cable TV Fire 278785 52 OLSON LEE ANN P&R Refunds Community Center Admin 278602 50 MINNESOTA DEPARTMENT OF LABOR & INDUSTRY Licenses, Taxes, Fees Utility Operations - General 278893 50 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1026694 50 WILSON, TAMMY Conference/Training Finance 278921 50 JERRYS DO IT BEST Repair & Maint. Supplies Round Lake 278934 49 NYKANEN DEBORAH P&R Refunds Community Center Admin 278664 48 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store 278781 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 1026699 48 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 278553 48 COMCAST Internet IT Operating 278638 48 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 279045 47 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 278767 47 JORDAL KAREN P&R Refunds Community Center Admin 278556 46 COMCAST Other Contracted Services Police Sworn 1026783 46 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 278530 46 ABERCROMBIE JAMIE P&R Refunds Community Center Admin 278533 46 ANDERT LOIS P&R Refunds Community Center Admin 278672 46 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 278813 45 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals 7995 45 FURTHER - AKA SELECT HRA Health and Benefits 278903 45 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 1026801 43 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 279223 43 SNAP-ON TOOLS Small Tools Fleet Operating 1026715 42 SPRINT Cell/Pager Plans IT Operating 279098 42 WERLINGER, ERIC P&R Refunds Community Center Admin 1026809 40 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1026910 40 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1026798 40 OLSON, ROBERT Mileage & Parking Police Sworn 278945 39 STAPLES ADVANTAGE Office Supplies Utility Operations - General 278780 39 MOTION INDUSTRIES INC.Supplies - Pool Pool Maintenance 278566 38 EBERT SARAH P&R Refunds Community Center Admin 278935 38 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1026891 37 BICKLER, JILL Tuition Reimbursement/School Fitness Classes 278626 36 SHIMANSKI BERMA P&R Refunds Community Center Admin 278933 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 1026905 35 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 279099 35 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Park Maintenance 1026743 35 FLEETPRIDE INC Equipment Parts Fleet Operating 278586 35 IEDITWEB INC Contract Svcs - Garden Rm/Caf.Garden Room Repairs27893835PAPA CHRISTY P&R Refunds Community Center Admin 278582 35 HILL ALYSHA Operating Supplies Arts Center 278615 34 PETERSEN MICHELLE P&R Refunds Community Center Admin 278581 33 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 1026805 33 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 279206 33 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 278542 32 BERNE-RANNOW ANNE Deposits-Health Reimb.Community Center Admin 278629 32 SMITH GAYL P&R Refunds Community Center Admin 278632 32 SOLYST, ANN Operating Supplies Arts Center 279208 30 MOTION INDUSTRIES INC.Repair & Maint - Ice Rink Ice Arena Maintenance 278908 30 CROWN MARKING INC Office Supplies Police Sworn 278751 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 278752 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 279030 29 ASPEN MILLS Clothing & Uniforms Police Sworn 278931 29 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1026922 28 MENARDS Repair & Maint. Supplies Park Maintenance 278599 28 MEAD JENNA P&R Refunds Community Center Admin 278635 27 STATE OF MINNESOTA Autos Fleet Capital 278637 27 STATE OF MINNESOTA Autos Fleet Capital 279091 27 STATE OF MINNESOTA Autos Fleet Capital 278562 27 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 1026724 26 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 278625 26 SAMATAR FADUMO P&R Refunds Community Center Admin 278917 26 HEIMARK GINGER P&R Refunds Community Center Admin 278907 26 CORE & MAIN Equipment Parts Park Maintenance 278540 24 BENDER BARBARA P&R Refunds Community Center Admin 278577 24 HANSEN, PATTI P&R Refunds Community Center Admin 278609 24 OLSON GORDON P&R Refunds Community Center Admin 278621 24 RASMUSSEN JOHN P&R Refunds Community Center Admin 278623 24 RUSTAD, NYRA P&R Refunds Community Center Admin 278655 24 WEIGEL CLARENCE P&R Refunds Community Center Admin 1026713 23 QUICKSILVER EXPRESS COURIER Other Contracted Services Finance 279080 23 MPCA Licenses, Taxes, Fees Utility Operations - General 279102 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 1026691 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General Check #Amount Supplier / Explanation Account Description Business Unit Comments 278897 22 BORDEN, DAVID P&R Refunds Community Center Admin 278567 22 FELKER, BARBARA P&R Refunds Community Center Admin 1026904 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 278941 21 SAINI, SUMITA P&R Refunds Community Center Admin 278634 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 278800 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 278551 20 CHRIS CASTLE INC Website Development 494 Corridor Commission 279057 20 HENNEPIN COUNTY TREASURER Dues & Subscriptions Human Resources 279175 20 CHRIS CASTLE INC Website Development 494 Corridor Commission 1026849 19 SPOK, INC.Cell/Pager Plans IT Operating 278642 19 TEUT KRIS P&R Refunds Community Center Admin 278649 19 VELLANKI RAGINI PRIYANKA P&R Refunds Community Center Admin 7985 19 SQUARE Bank and Service Charges Prairie Village Liquor Store 279087 17 SHRED RIGHT Waste Disposal General Community Center 279064 17 JUNKMERMEIER TAMARA Deposits General Fund 279034 14 CHENG VERONICA P&R Refunds Community Center Admin 279095 14 VAN BEUSEKOM, CARRIE P&R Refunds Community Center Admin 278548 13 BUI TAM P&R Refunds Community Center Admin27873613BRANDT SHAMALA P&R Refunds Community Center Admin 278763 13 HOUSTON CHRIS P&R Refunds Community Center Admin 278794 13 SAMBELASHVILI JANA P&R Refunds Community Center Admin 278541 12 BENSON PATSY P&R Refunds Community Center Admin 278561 12 CRAGG JIM P&R Refunds Community Center Admin 278575 12 HAGEN MARY P&R Refunds Community Center Admin 278594 12 LOWE MATTIE P&R Refunds Community Center Admin 278652 12 VONHOF AL P&R Refunds Community Center Admin 278925 12 LAWSON PRODUCTS INC Equipment Parts Fleet Operating 278646 11 TUREK KENNETH Cash Over/Short General Fund 1026773 11 UPS Postage Planning 7991 11 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 278951 10 PERA Wages and Benefits 494 Corridor Commission 279174 9 CAMPBELL KNUTSON, P.A.Legal WAFTA 278898 9 BOUND TREE MEDICAL LLC EMS Supplies Fire 278578 8 HANSON JULIE P&R Refunds Community Center Admin 278658 8 WITTERS CORY P&R Refunds Community Center Admin 1026896 7 FLEETPRIDE INC Equipment Parts Fleet Operating 279178 7 DAYROBB BATTERIES PLUS Supplies - Security Cummins Grill House 278538 6 BANNIE, SHARON P&R Refunds Community Center Admin 278549 6 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 1026871 5 UPS Postage Planning 1026847 5 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 279039 4 COMCAST Other Contracted Services Police Sworn 278536 4 ARBUCKLE JEAN P&R Refunds Community Center Admin 279033 4 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 1026795 2 METROPOLITAN FORD Equipment Parts Fleet Operating 7990 2 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery10,256,473 Grand Total City of Eden Prairie Purchasing Card Payment Report 1/5/2021 Amount Account Description Business Unit 9,827 Other Revenue General Fund 5,994 Capital Under $25,000 Fire 3,485 Cleaning Supplies Facilities Operating ISF 2,482 Operating Supplies Youth Programs Admin 1,496 Small Tools Fire 1,204 Operating Supplies IT Operating 1,120 Operating Supplies Police Sworn 1,071 Operating Supplies Inspections-Administration 844 Computers Utility Operations - General 788 Bank and Service Charges Prairie View Liquor Store 640 Cleaning Supplies Facilities Operating ISF 600 Tuition Reimbursement/School Police Sworn 468 Small Tools Fire 455 Dues & Subscriptions Economic Development 451 Operating Supplies Outdoor Center 430 Cleaning Supplies Facilities Operating ISF 430 Cleaning Supplies Facilities Operating ISF 428 Office Supplies Police Sworn 421 Miscellaneous Communications 412 Licenses, Taxes, Fees Fitness Classes 396 Operating Supplies Pool Operations 385 Training Fire 380 Computers IT Operating 366 Operating Supplies Police Sworn 359 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 358 Miscellaneous City Council 354 Operating Supplies Halloween Party 347 Repair & Maint. Supplies Water Treatment 340 Landscape Materials/Supp Reforestation 330 Repair & Maint. Supplies Water Distribution 330 Licenses, Taxes, Fees Utility Operations - General 319 Advertising Community Center Admin 300 Other Contracted Services Liquor Store Delivery 295 Conference/Training Facilities Staff 293 Waste Disposal Fleet Operating 287 Operating Supplies Snow & Ice Control 269 Repair & Maint. Supplies Stormwater Collection 261 Equipment Parts Fleet Operating 255 Operating Supplies Halloween Party 254 Conference/Training Police Sworn 254 Conference/Training Police Sworn 254 Conference/Training Police Sworn 250 Tuition Reimbursement/School Police Sworn 250 Conference/Training Human Resources 249 Equipment Repair & Maint Emergency Management 245 Conference/Training Youth Programs Admin 242 Repair & Maint. Supplies Utility Operations - General 229 Operating Supplies Outdoor Center 219 Operating Supplies Halloween Party 218 Repair & Maint. Supplies Water Treatment 214 Operating Supplies Police Sworn Amount Account Description Business Unit 213 Equipment Repair & Maint Fire 212 Employee Award Organizational Services 211 Dues & Subscriptions Assessing 210 Operating Supplies Snow & Ice Control 209 Equipment Parts Emergency Management 203 Operating Supplies Pool Operations 201 Miscellaneous City Council 200 Tuition Reimbursement/School Police Sworn 200 Miscellaneous Police Sworn 199 Repair & Maint. Supplies Water Distribution 198 Repair & Maint. Supplies Police (City Cost) 196 Operating Supplies Halloween Party 195 Operating Supplies Traffic Signals 186 Operating Supplies Arts Center 181 Operating Supplies Pool Operations 176 Operating Supplies Halloween Party 175 Operating Supplies Volunteers 175 Conference/Training Fire 171 Operating Supplies Tree Disease 169 Miscellaneous Elections 168 Capital Under $25,000 Fitness Classes 161 Licenses, Taxes, Fees Fitness Classes 161 Licenses, Taxes, Fees Fitness Classes 154 Repair & Maint. Supplies Police (City Cost) 154 Operating Supplies Arts Center 150 Small Tools Fleet Operating 150 Operating Supplies Snow & Ice Control 144 Operating Supplies Prairie View Liquor Store 140 Capital Under $25,000 Fitness Classes 139 Repair & Maint. Supplies Utility Operations - General 131 Operating Supplies Police Sworn 129 Conference/Training Tree Disease 129 Computers Utility Operations - General 126 Cleaning Supplies Facilities Operating ISF 125 Canine Supplies Police Sworn 125 Clothing & Uniforms Utility Operations - General 125 Small Tools Fire 124 Repair & Maint. Supplies Water Distribution 122 Operating Supplies Ice Operations 122 Operating Supplies Park Maintenance 121 Office Supplies Police Sworn 120 Training Fire 120 Training Fire 120 Clothing & Uniforms Park Maintenance 119 Equipment Parts Fleet Operating 114 Operating Supplies Arts Center 114 Clothing & Uniforms Fleet Operating 112 Operating Supplies Elections 112 Clothing & Uniforms Facilities Staff 111 Operating Supplies Police Sworn 110 Operating Supplies Outdoor Center 108 Operating Supplies Fall Harvest 108 Small Tools Yard Waste Site 105 Operating Supplies Fall Harvest 105 Conference/Training Stormwater Non-Capital Amount Account Description Business Unit 105 Clothing & Uniforms Street Maintenance 105 Clothing & Uniforms Park Maintenance 105 Clothing & Uniforms Park Maintenance 104 Operating Supplies Outdoor Center 100 Conference/Training Planning 100 Licenses, Taxes, Fees Fitness Classes 100 Conference/Training Finance 99 Tuition Reimbursement/School Police Sworn 99 Miscellaneous Athletic Programs Admin 99 Repair & Maint. Supplies Water Distribution 97 Operating Supplies Emergency Management 96 Operating Supplies Halloween Party 94 Operating Supplies Community Center Admin 92 Operating Supplies Snow & Ice Control 92 Clothing & Uniforms Park Maintenance 90 Conference/Training Pool Operations 89 Tuition Reimbursement/School Fitness Classes 88 Operating Supplies Halloween Party 86 Equipment Repair & Maint Fire 85 Conference/Training Engineering 83 Operating Supplies Special Events & Trips 80 Protective Clothing Fire 80 Training Supplies Utility Operations - General 80 Licenses, Taxes, Fees Utility Operations - General 80 Licenses, Taxes, Fees Utility Operations - General 80 Repair & Maint. Supplies Facilities Operating ISF 77 Conference/Training Youth Programs Admin 75 Operating Supplies Fall Harvest 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 72 Deposits General Fund 70 Deposits General Fund 68 Operating Supplies Arts Center 64 Office Supplies Police Sworn 60 Conference/Training IT Operating 60 Clothing & Uniforms Utility Operations - General 60 Clothing & Uniforms Utility Operations - General 59 Office Supplies Police Sworn 57 Software/Hardware Maint.IT Operating 56 Office Supplies Customer Service 55 Operating Supplies Fall Harvest 55 Operating Supplies Pool Operations 55 Miscellaneous Elections 54 Clothing & Uniforms Police Sworn 53 Repair & Maint. Supplies Water Distribution 53 Deposits General Fund 53 Operating Supplies Halloween Party Amount Account Description Business Unit 52 Operating Supplies Halloween Party 52 Office Supplies Fire 52 Operating Supplies Arts Center 52 Waste Disposal Fleet Operating 51 Equipment Repair & Maint Fire 51 Operating Supplies Fall Harvest 51 Clothing & Uniforms Utility Operations - General 50 Operating Supplies Special Events Admin 50 Operating Supplies Halloween Party 50 Conference/Training Stormwater Non-Capital 50 Dues & Subscriptions Police Sworn 50 Operating Supplies Halloween Party 49 Operating Supplies Arts Center 48 Merchandise for Resale Concessions 48 Operating Supplies Fall Harvest 47 Operating Supplies Pool Special Events 46 Operating Supplies Youth Programs Admin 45 Office Supplies Utility Operations - General 45 Licenses, Taxes, Fees Utility Operations - General 45 Operating Supplies Halloween Party 45 Small Tools Street Maintenance 45 Operating Supplies Arts Center 44 Training Supplies Police Sworn 44 Operating Supplies Tree Disease 44 Operating Supplies Arts Center 44 Repair & Maint. Supplies Water Treatment 43 Operating Supplies Outdoor Center 42 Operating Supplies Halloween Party 41 Office Supplies Community Development Admin. 41 Operating Supplies Tree Disease 40 Training Supplies Police Sworn 40 Repair & Maint. Supplies Pool Maintenance 40 Repair & Maint. Supplies City Hall (City Cost) 39 Operating Supplies Halloween Party 38 Operating Supplies Special Events & Trips 38 Operating Supplies Fleet Operating 38 Operating Supplies Outdoor Center 37 Operating Supplies Fall Harvest 37 Operating Supplies IT Operating 37 Office Supplies Police Sworn 37 Motor Fuels Fleet Operating 35 Operating Supplies Halloween Party 35 Operating Supplies IT Operating 35 Office Supplies Police Sworn 35 Operating Supplies Finance 33 Operating Supplies Fire 33 Operating Supplies Fitness Classes 32 Repair & Maint. Supplies Stormwater Collection 32 Operating Supplies Halloween Party 32 Office Supplies Fire 32 Operating Supplies Arts Center 31 Training Supplies Fire 30 Conference/Training Communications 30 Licenses, Taxes, Fees Utility Operations - General 30 Licenses, Taxes, Fees Utility Operations - General Amount Account Description Business Unit 30 Conference/Training Communications 29 Repair & Maint. Supplies Water Treatment 29 Repair & Maint. Supplies Police (City Cost) 28 Clothing & Uniforms Fleet Operating 28 Training Supplies Police Sworn 28 Operating Supplies Halloween Party 26 Small Tools Fleet Operating 26 Operating Supplies Park Maintenance 26 Conference/Training Fitness Admin. 26 Operating Supplies Outdoor Center 25 Training Supplies Police Sworn 25 Operating Supplies Ice Operations 25 Computers IT Operating 25 Tuition Reimbursement/School Police Sworn 25 Operating Supplies Halloween Party 25 Operating Supplies Outdoor Center 23 Operating Supplies Outdoor Center 23 Bank and Service Charges Customer Service 22 Merchandise for Resale Concessions 21 Merchandise for Resale Concessions 21 Operating Supplies Fitness Classes 21 Operating Supplies Police Sworn 21 Operating Supplies Outdoor Center 20 Licenses, Taxes, Fees Utility Operations - General 20 Licenses, Taxes, Fees Utility Operations - General 20 Operating Supplies Police Sworn 20 Operating Supplies Police Sworn 19 Operating Supplies Arts Center 18 Operating Supplies Fleet Operating 18 Merchandise for Resale Concessions 18 Operating Supplies IT Operating 18 Equipment Repair & Maint Public Safety Communications 18 Computers IT Operating 17 Conference/Training Senior Center Admin 17 Operating Supplies Outdoor Center 16 Operating Supplies Pool Operations 16 Other Contracted Services Organizational Services 16 Dues & Subscriptions Housing and Community Service 16 Operating Supplies Arts Center 16 Operating Supplies Fall Harvest 15 Repair & Maint. Supplies Emergency Management 15 Conference/Training Planning 15 Operating Supplies Halloween Party 15 Office Supplies Police Sworn 15 Equipment Repair & Maint Fire 14 Operating Supplies Volunteers 14 Operating Supplies IT Operating 14 Repair & Maint. Supplies Water Treatment 14 Operating Supplies Arts Center 14 Operating Supplies Fall Harvest 13 Deposits General Fund 13 Operating Supplies Arts Center 12 Operating Supplies Halloween Party 11 Operating Supplies Arts Center 11 Repair & Maint. Supplies Wastewater Lift Station Amount Account Description Business Unit 11 Employee Award Organizational Services 11 Operating Supplies Arts Center 11 Merchandise for Resale Concessions 10 Operating Supplies Community Center Admin 10 Equipment Parts Fleet Operating 9 Repair & Maint. Supplies Ice Arena Maintenance 9 Operating Supplies Arts Center 9 Operating Supplies Outdoor Center 9 Miscellaneous Community Development Admin. 9 Operating Supplies Halloween Party 8 Operating Supplies Fall Harvest 8 Office Supplies Fire 7 Operating Supplies Halloween Party 7 Operating Supplies Halloween Party 7 Operating Supplies Arts Center 6 Operating Supplies Special Events & Trips 5 Operating Supplies Fitness Classes 5 Employee Award Organizational Services 5 Licenses, Taxes, Fees Fleet Operating 4 Dues & Subscriptions Police Sworn 4 Equipment Repair & Maint Senior Center Admin 3 Operating Supplies Specialty Fitness Programs 3 Operating Supplies Community Center Admin 2 Operating Supplies Halloween Party -3 Operating Supplies Community Center Admin -5 Operating Supplies Fitness Classes -6 Computers Recreation Admin -10 Capital Under $25,000 Fitness Classes -12 Capital Under $25,000 Fitness Classes -42 Repair & Maint. Supplies Water Distribution -50 Conference/Training Finance -60 Clothing & Uniforms Utility Operations - General -60 Clothing & Uniforms Utility Operations - General -105 Clothing & Uniforms Park Maintenance -115 Clothing & Uniforms Park Maintenance -330 Repair & Maint. Supplies Water Distribution 57,566 Report Total Requested Action Move to: Adopt Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2021. Synopsis This designation is required on an annual basis. The Eden Prairie News served Eden Prairie as the official newspaper for a total of 39 years and had published their final newspaper in April 2020. The Eden Prairie Sun Sailor (formerly Sun Current) was the official newspaper for Eden Prairie from 2003 through 2007 and for the remainder of 2020. Attachments Eden Prairie Sun Sailor bid Resolution CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT / DIVISION: Office of City Manager Administration ITEM DESCRIPTION: Designate Official City Newspaper ITEM NO.: XIV.A. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie Sun Sailor be designated as the official City newspaper for the year 2021. ADOPTED by the City Council of the City of Eden Prairie, on this 5th day of January 2021. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Designate Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 2021 and Appointing Acting Mayor ITEM NO.: XIV.B. Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2021 and appointing Council Member ______ as Acting Mayor. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2021 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert’s Rules of Order will prevail; and BE IT RESOLVED, that the first meeting of 2021 will be held on January 5 and the second meeting in January will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in June will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in July will be held on the second Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in August and November will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2022 will be held on January 4; and BE IT RESOLVED, in accordance with the requirements of Minn. Stat. § 13D.021, the Mayor and City Manager have determined that full in-person meetings are not practical or prudent due to the COVID-19 health pandemic and emergency declaration under Minnesota Statutes Chapter 12; and BE IT RESOLVED, that meetings for 2021 will be conducted by telephone or other electronic means, or by a combination of in-person and telephone or other electronic means, until the Mayor or City Manager determine that full in-person meetings are practical and prudent; and BE IT RESOLVED, that some or all members of the Council may participate in the meetings by telephone or other electronic means pursuant to Minn. Stat. § 13D.021; and BE IT RESOLVED, that members of the public may participate remotely in any meeting held in whole or in part by telephone or other electronic means and information about remote participation can be found on the City’s website or by contacting the City Manager’s office; and BE IT RESOLVED, that members of the public may monitor all meetings remotely by viewing on EPTV, the City’s cable government access channel, or by streaming live at edenprairie.org/CityTV and facebook.com/CityOfEdenPrairie; and BE IT FURTHER RESOLVED, that Council Member _____ is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 5th day of January 2021. ________________________ Ronald A. Case, Mayor ATTEST: _________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of City Manager ITEM DESCRIPTION: Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority ITEM NO.: XIV.C. Requested Action Move to: Adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ______ as Secretary for calendar year 2021. Synopsis This appointment requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to-wit: Ron Case, Kathy Nelson, Mark Freiberg, PG Narayanan and Lisa Toomey, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as Executive Director and Council Member _____ as Secretary of calendar year 2021. ADOPTED, by the City Council of the City of Eden Prairie, on this 5th day of January 2021. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Designate Director and Alternate Director to the Suburban Rate Authority ITEM NO.: XIV.D. Requested Action Move to: Adopt Resolution designating ______________________ as the Director and _______________________ as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates _________________________ as the Director and _________________________ as the Alternate Director of the Suburban Rate Authority for 2021. ADOPTED, by the City Council of the City of Eden Prairie, on this 5th day of January 2021. ____________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the National League of Cities ITEM NO.: XIV.E. Requested Action Move to: Approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the Municipal Legislative Commission ITEM NO.: XIV.F. Requested Action Move to: Approve appointment of _________ to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the Southwest Cable Commission ITEM NO.: XIV.G. Requested Action Move to: Approve appointment of _________________________ to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Freiberg served on the Southwest Cable Commission since 2019. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the I-494 Corridor Commission ITEM NO.: XIV.H. Requested Action Move to: Approve appointment of ___________________ to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Council Member Aho served on the I-494 Corridor Commission from 2005-2020. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT / DIVISION: Jay Lotthammer Parks and Recreation Director ITEM DESCRIPTION: Appointment of Assistant Weed Inspector ITEM NO.: XIV.I. Requested Action Move to: Appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Lauren Stufft is the City’s current Forestry Technician in the Parks and Recreation Department. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointments to the Fire Relief Association ITEM NO.: XIV.J. Requested Action Move to: Adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association. Synopsis Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Sue Kotchevar served on the Fire Relief Association in 2020. The appointment of the Fire Chief is automatic according to statute. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED, that the City Council appoints __________ and _______________ to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2021. ADOPTED, by the City Council of the City of Eden Prairie, on the 5th day of January 2021. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVISION: Administration ITEM DESCRIPTION: Appointment to the Southwest Transit Commission ITEM NO.: XIV.K. Requested Action Move to: Appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2022. Appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative to complete the two-year term ending December 31, 2021. Synopsis It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2022. Council Member Narayanan held this position through 2020. The two-year term ending on December 31, 2021 is also vacant, previously held by Council Member Aho. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 5, 2021 DEPARTMENT/DIVSION: Community Development: Janet Jeremiah ITEM DESCRIPTION: Appoint an elected official and an alternate to the Southwest LRT Community Works Project Steering Committee ITEM NO.: XIV.L. Requested Action Move to: Appoint ______________ to the Southwest LRT Community Works Project Steering Committee and _____________ as an alternate member of the Southwest LRT Community Works Project Steering Committee. Synopsis Hennepin County established the Southwest Light Rail Transit (SW LRT) Community Works Project to formalize and expand early collaborations across jurisdictions within the SW LRT corridor. A Steering Committee was assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invited the City of Eden Prairie to appoint one elected official and an alternate to this Steering Committee. In 2020, Council Member Nelson served as the appointed member and Council Member Aho served as an alternate member.