HomeMy WebLinkAboutCity Council - 01/19/2021
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 19, 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. COMMISSION WORK PLANS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION
B. HUMAN RIGHTS AND DIVERSITY COMMISSION
C. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM A. CARLA GESTACH – HENNEPIN VILLAGE HOA
III. ADJOURNMENT
Eden Prairie City Council Workshop
January 19, 2021
FLYING CLOUD
AIRPORT ADVISORY
COMMISSION
◼Advise the City Council on matters affecting the
operation of the Flying Cloud Airport
▪Changes to laws, rules, and regulations of federal and state agencies
that affect the operation of the Airport and aeronautical activities within
the City.
▪Monitor the Final Agreement with MAC and advise the City Council
and MAC with regard to matters affecting the operation of Flying Cloud
Airport.
▪Work with the City and MAC to reduce nighttime noise and to improve
the appearance of the airport.◼Address any other matters as the City Council may direct from
time to time.
GENERAL GOALS
2
◼MAC performed a physical FCM Sound Study (https://www.macnoise.com/pdf/FCM%20Sound%20Study%20Report%202020.pdf)◼We received updates on apparent violations of the Ordinance No. 97 weight limit, and on the MAC efforts to reduce noncompliant
operations◼We continued to engage with constituent groups, including local pilots,
airport businesses, and Eden Prairie residents, who attended multiple meetings in 2020 and provided useful discussion to the Commission◼Limited opportunities to meet in person with the public but virtual events included:
▪Pilot meetings to review noise study and noise abatement procedures
▪MAC meetings with flight schools at Flying Cloud
▪Airport Update sponsored by EP Chamber
▪FAA Lunch and Learn with Flying Cloud users
GENERAL ACCOMPLISHMENTS
3
◼Engage with MAC as they develop the Reliever Airport Visioning Study▪Phase I (data collection) complete, Phase II (recommendations) deferred due to MAC staffing◼Continue monitoring developments in law changes and regulations regarding Unmanned Aircraft Systems.▪Ongoing -significant updates to FAA regulations in December 2020 under review◼Monitor developments in federal noise regulations and measurement methods
▪MAC Executed a noise study with actual measurement of community noise◼Visit Flying Cloud Airport to meet with airport staff and Fixed Base Operators to learn of their concerns and ideas about activities at the airport
▪Limited opportunities due to COVID-19, but we developed virtual methods that we may be able to utilize in the future◼Provide City Council with annual comparisons –month and year to prior month andyear -of the number of operations and noise complaints.
▪See attached data◼Other topics as directed by the Council
SPECIFIC GOALS FOR 2020
And FCAAC related activity
4
◼Engage with MAC as they develop the Reliever Airport Visioning Study◼Continue monitoring developments in law changes and regulations regarding Unmanned Aircraft Systems.◼Monitor developments in federal noise regulations and measurement methods◼Visit Flying Cloud Airport to meet with airport staff and Fixed Base Operators to learn of their concerns and ideas about activities at the airport◼Provide City Council with annual comparisons –month and year to prior month and year -of the number of operations and noise complaints. ◼Other topics as directed by the Council
SPECIFIC GOALS FOR 20 21
5
◼Airport operations1 increased to 122,693 (+20%)
▪Local VFR flights increased to 63,920 (+38%)
▪Itinerant VFR flights increased to 39,886 (+24%)
▪IFR operations decreased to 18,887 (-21%)
▪Flying Cloud is the 3rd busiest towered airport in the region◼FBO fuel flowage decreased by -19% from 2019 to 2020
▪2,606,127 gallons dispensed in 12 months from Dec 2019-Nov 2020
2020 OPERATIONS SUMMARY
6
1FAA tower counts; 12-month periods ending 11/30/2019 and 11/30/2020
◼24,071 total noise complaints in 2020
▪Increase of 421% over 2019 (+19,447 complaints)
▪Monthly increase began in February and continued for the remainder of 2020
▪2,006 average monthly complaints in 2020 (Mo. Avg. 2,589 April -December)
▪Highest levels of complaints were 9 a.m.-1 p.m. (45%)▪Most notable increase is 3 a.m. hour with 1,625% increase over 2019 (621 complaints in 2020 compared to 36 in 2019 during 3 a.m.)◼3,656 nighttime noise complaints in 2020
▪204% increase from 2019 (+2,453 nighttime complaints)◼Year -over -year increase in households filing complaints
▪2020: 100 distinct locations (87 in Eden Prairie); monthly average of 26 (same in 20 19)
▪39 locations filed more than one complaint
▪3 locations filed 85% of total complaints
▪54 new households began submitting complaints in 2020
2020 NOISE COMPLAINT SUMMARY
7
Typical Rwy 10L/R
IFR Departures
2020 EDEN PRAIRIE COMPLAINT MAP
8
•Each yellow dot
represents a
location filing one
or more noise
complaints in
2020
•87 Eden Prairie households filed noise complaints in 2020
•additional locations
not shown on this map
•Highest
concentration of
complaints within
1.75 miles east and
west of airport
along extended
runway centerlines
•Increase from
20 19 in complaints
north of the airport
Rwy 28L
Instrument
Arrivals
Typical fixed wing VFR traffic patterns
(east/west flow)
Data Source: Metropolitan Airports Commission, Community Relations Office
Rwy 10R Instrument Arrivals
Typical Rwy 28 L/R
IFR Departures
THANK YOU
Credit: Keith Tschohl, 20 12
9
Operations
and Noise
Complaints
ADDITIONAL DATA
AND CHARTS
10
NOISE COMPLAINTS –MONTHLY TREND
11Data source: Metropolitan Airports Commission, Community Relations Office
NOISE COMPLAINTS –HOURLY TREND
12Data source: Metropolitan Airports Commission, Community Relations Office
NOISE COMPLAINTS –LOCATION TREND
13Data source: Metropolitan Airports Commission, Community Relations Office
ANNUAL OPERATIONS: 1990 -2020
14Source: FAA Opsnet (https://aspm.faa.gov/opsnet/sys/Airport.asp)
MONTHLY OPERATIONS
Source: FAA Air Traffic Activity System (ATADS)15
MONTHLY IFR OPERATIONS
16Source: FAA Air Traffic Activity System (ATADS)
TOTAL FUEL FLOWAGE
Source: Metropolitan Airports Commission Annual totals represent 12 months ending December 31. Totals for December 2020 are estimated.17
MONTHLY JET FUEL FLOWAGE
Source: Metropolitan Airports Commission
18
REGIONAL TOWERED AIRPORT OPERATIONS
2020
*MAC-owned airport
MKE
GFK
MSN
DSM
STPANEMSPFCM
FAR
19
Source: FAA Air Traffic Activity System
(ATADS)Data for twelve months ending 11/30/2020
◼Local operations:Operations performed by aircraft which:
▪Operate in the local traffic pattern or within sight of the airport;
▪Are known to be departing for, or arriving from flight in local practice areas
located within a 20 -mile radius of the airport; or
▪Execute simulated instrument approaches or low passes at the airport.◼Itinerant operations: All aircraft operations other than local operations◼Instrument flight rules (IFR): Rules governing the procedures for
conducting flight under instrument meteorological conditions (IMC)
instrument flight.◼Visual flight rules (VFR): Rules that govern the procedures for conducting
flight under visual conditions.
FAA DEFINITIONS
Source: 14 CFR §170 .3 (1/12/20 17)20
Human Rights and Diversity Commission
CITY COUNCIL UPDATE
2021 WORK PLAN
Human Rights and Diversity
Commissioners
Greg Leeper, Chair
Shahram Missaghi, Vice Chair
Sana Elassar
Katherine Lucht
Leslie Philmon
Student Commissioners
Anjali Limaye
Tyler Aman
Asad Aliweyd
Philip Skeie
Megan Yerks, Staff Liaison
Nadiah Johnson
Rashmi Acharya
Ifrah Edow
Jillian Pearson
Sehan Adan
Serena Jain
HRDC 2020 Highlights
Eden Prairie Land Acknowledgement Statement
Eden Prairie Human Rights Awards
Implementation of free feminine hygiene products in City facilities
PeopleFest! Celebration
HRDC Virtual Exhibit: Trivia Game
Kick Off Event with Native Pride Arts at Staring Lake
AmphitheaterNative Pride Dancer, Larry Yazzie, performs at
the PeopleFest! Kick Off Event, August 2020
Listening to the Community
Community Tour: Prop and Prop
Shop–Commissioners visited PROP and Prop Shop
Eden Prairie Family School–Lydia
Nelson, Eden Prairie Schools and
two Family School participants
Convention on the Elimination of All
Forms of Discrimination Against
Women–Ellen Kennedy and Claire
Willett, World without Genocide
Human Rights Awards Recipients, May 2020
Listening to the Community
Eden Prairie Housing Taskforce,
Midpoint Update-Jonathan
Stanley, Eden Prairie Office of
Housing and Community Services
Eden Prairie Housing Taskforce,
Final Report–Joan Howe-Pullis,
Eden Prairie Housing Taskforce
Community members enjoying a night with
Salsa del Sol during PeopleFest!, August 2020
Eden Prairie
Race Equity Initiative
Landmark Dates
December 2020:
Project definition and grounding
Design engagement process
January 2021:
Internal scan (document review and
interviews)
February 2021:
Review of literature on best practices
Deep listening to communities
June 2021:
Data analysis and review of findings
July 2021:
Reporting of findings
Project Statement
The City of Eden Prairie would like to find ways for the
City to become more responsive to residents’ diverse
needs and to advance racial equity, diversity, and
inclusion.We will be actively engaging with the
community to learn about our members’ needs.We will
also complete a review of current policies and
procedures to identify barriers.As a result, we hope
this project will create and strengthen community
relationships, encourage shared decision making and
minimize disparities wherever possible.
Eden Prairie
Race Equity Initiative
Six Areas of Inquiry:
1.Emergency Response
2.Facility/Program Accessibility and Culture
3.Recruiting, Hiring and Retention
4.Connection to Community
5.Community Experience
6.Developing Future Leaders
Virtual HRDC Meeting, November 2020
HRDC 2021 Goals
1.Promote inclusivity by creating spaces
for members of our community to
connect
2.Increase listening avenues within the community in order to advise City Council of successes, community needs and concerns.
3.Enlist the cooperation of organizations
and individuals in the community to
promote awareness and
appreciation of the City’s ManifestoSocial media post for Stop the Trafficking
Virtual 5k, June 2020
HRDC 2021 Initiatives
Collaborative Community Events
Stop the Trafficking 5k
PeopleFest! A Community
Celebration of Culture
Police Community Relations Event
Eden Prairie Land Acknowledgement
Statement Eden Prairie Land Acknowledgement
Statement at City Council, November 2020
HRDC 2021 Initiatives
2021 Subcommittees
Police Community Relations
One Eden Prairie
EPREI Subcommittees
Additional Initiatives
Support victims of bias crimes and
review alleged ADA violationsInstagram post for PeopleFest! Kick Off Event
August 2020
QUESTIONS
OR
FEEDBACK?
Parks, Recreation and Natural
Resources Commission
2020 Accomplishments
Commission Members
•Larry Link, Chair
•Patrice Erickson, Vice Chair
•Cecilia Cervantes
•Kim Harris
•Tom Poul
•Ken Ross
•Shanti Shah
•Kirk Spresser
•Student Representatives
•Jake Freeland
•John Hartle
•Jessica Hovde
•Garen McDowell
•Ishan Nadkarni
•Tommy Pan
•Tanay Salunke
Staff Area Updates / Presentations
•Community Center Ice Rinks
•Fitness
•Aquatics
•Tree Management and
Green Corp Intern
Unique to 2020 / Covid Impacts
•Received Monthly Covid-19
Updates regarding Programs
and Facilities
•Summer Youth Programs
(Restructured)
•PeopleFest (Virtual)
•July 4th (Canceled)
•Marketing/Promotions
(Quicker Turnaround)
•Fall Programs and Events
(Highly Modified)
Frequent Input on P&R Master Plan
•Initiated and worked on 2019-20
•Paused due to Covid
•Reengage in 2021
Analyzed and Recommended Play Structures
•Franlo Park •Crestwood Park
Input on Brochure Redesign
Review and Recommended Feldmann Sign at
Richard T. Anderson Conservation Area
Farm
location
Sign
location
Met with Historical Society Group / Museum
Reviewed Park and Capital Improvement
Projects
Input on Community Center Membership
Pricing Concepts
•Due to Covid –multiple
concepts reviewed throughout
the year
-
1,000
2,000
3,000
4,000
5,000
6,000
Jan Feb March April May June July Aug Sept Oct Nov Dec
Month
Total Members
2018 Members 2019 Members 2020 Members
Learned about and Recommended Miller Park
Indoor Courts
Considered Eden Prairie Cemetery Board
Offer
•Recommended accepting offer
•Offer was rescinded
Reviewed Deer Management Program
•Maintain healthy deer population
•Reduce car/deer collision
•Reduce damage to resident foliage
•Contract with USDA specialist
More Covid-19 Updates
•Large impact to programs and facilities
•Monthly updates and changes
•Provided feedback to staff
Questions?
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 19, 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. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. DR. MARTIN LUTHER KING, JR. PROCLAMATION
B. WORDS IN ACTION CONTEST WINNERS
C. HUMAN RIGHTS AWARDS ANNOUNCEMENT
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 5, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 5, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE AGREEMENT WITH AVOLVE SOFTWARE FOR
ELECTRONIC PLAN REVIEW
C. RECEIVE 2020 PAY EQUITY REPORT AND APPROVE SUBMITTAL TO
THE STATE
D. DECLARE OBSOLETE FIRE SUPPRESSION HOSE AS SURPLUS
CITY COUNCIL AGENDA
January 19, 2021
Page 2
E. APPROVE PURCHASE FROM COLE PAPERS INC FOR SOLO RESCUE
DECON WASHER AND ACCESSORIES
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5, RELATING TO GAMBLING
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. APPOINTMENT TO I-494 CORRIDOR COMMISSION
B. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Agreement with ISG for Final Design and Construction Documents for
Play Area Reconstruction Project at Riley Lake Park
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: January 15, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 19, 2021
___________________________________________________________________________________________
TUESDAY, JANUARY 19, 2021 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City
Manager’s Office at 952.949.8412 by noon of the meeting date with your name,
phone number, and subject matter. 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.
IV. PROCLAMATIONS / PRESENTATIONS
A. DR. MARTIN LUTHER KING, JR. PROCLAMATION
Synopsis: This proclamation will declare 2021 as a year to celebrate human rights
and diversity. It asks all residents to continue their commitment and concern for
equal rights for all persons, to dedicate themselves to helping those who do not
yet share in that freedom, and to join the City of Eden Prairie in recognizing and
celebrating Dr. Martin Luther King, Jr.’s dream.
No formal action requested. Mayor Case will read the proclamation.
B. WORDS IN ACTION CONTEST WINNERS
Synopsis: Eden Prairie youth submitted written or visual art pieces based on
quotes from Dr. King. Participants reflected on the ways that they can continue to
remember Dr King and carry his legacy of racial justice forward.
Contest winners include:
Under 13 years old:
ANNOTATED AGENDA
January 19, 2021
Page 2
Siri Manikonda, writing
Shaunya Kumar, visual art
13 – 18 years old:
Miriam Marsan, writing
Leah Quintero, writing
No formal action requested. Asad Aliweyd, Human Rights and Diversity
Commissioner and Jillian Pearson, Human Rights and Diversity Student
Commissioner, will be on-hand to announce the winners of the Martin Luther King
Jr Day Words in Action Contest
C. HUMAN RIGHTS AWARDS ANNOUNCEMENT
Synopsis: The goal of the Human Rights Award is to recognize an Eden Prairie
individual, non-profit organization, business or youth for their inspiring efforts to
promote human rights and diversity and create an inclusive community spirit
through actions, activities or programs.
No formal action requested. Greg Leeper, Human Rights and Diversity Chair, will
be on-hand to announce the opening of the nomination process for the Human
Rights Awards.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 5, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 5, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-E on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. APPROVE AGREEMENT WITH AVOLVE SOFTWARE FOR
ELECTRONIC PLAN REVIEW
C. RECEIVE 2020 PAY EQUITY REPORT AND APPROVE SUBMITTAL TO
ANNOTATED AGENDA
January 19, 2021
Page 3
THE STATE
D. DECLARE OBSOLETE FIRE SUPPRESSION HOSE AS SURPLUS
E. APPROVE PURCHASE FROM COLE PAPERS INC FOR SOLO RESCUE
DECON WASHER AND ACCESSORIES
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5, RELATING TO GAMBLING
Synopsis: The City was recently approached by the Eden Prairie Hockey
Association (EPHA) regarding the City’s regulations on lawful gambling. EPHA
would like to sell pull-tabs at one or more bars or restaurants in the City as a
fundraising effort to help reduce the cost of fees, equipment, ice time, and other
expenses for EPHA participants. Under state law, EPHA must obtain both an
organizational license and a premises permit for each site from the statewide
Gambling Control Board. A premises permit requires the approval of the local
government in which the proposed site is located.
The City’s gambling regulations are contained in City Code Section 5.40.
Currently, the Code states that any organization that conducts lawful gambling in
the City must own the site at which the gambling is conducted. This is more
stringent than state law, which allows an organization to either own or lease a site.
EPHA will not own any of the sites at which it proposes to sell pull-tabs, so a
Code amendment is required to allow the Council to approve a premises permit
for a leased site. At the Council Workshop on January 5, 2021, the Council
directed staff to prepare such an amendment.
The attached ordinance removes the ownership requirement and will allow the
Council to approve a premises permit for EPHA or any other organization
wishing to conduct lawful gambling in the City that meets all other state licensing
requirements. The ordinance still provides a limit on the number of sites at which
lawful gambling can be conducted in the City and prohibits more than one
organization from conducing gambling at a single site. The ordinance includes
other non-substantive and housekeeping-type revisions that account for changes
in state law that have occurred since the section was last revised in 1994.
MOTION: Move to approve the First Reading of an Ordinance
ANNOTATED AGENDA
January 19, 2021
Page 4
Amending City Code Chapter 5, Section 5.40, Relating to Gambling
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. APPOINTMENT TO 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.
MOTION: Move to approve the appointment of
___________________ to the I-494 Corridor Commission.
B. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
Synopsis: The two-year term ending on December 31, 2021 was previously held
by Council Member Aho.
MOTION: Move to appoint ________________________ to the
Southwest Transit Board as the Eden Prairie Appointed Representative
to complete the two-year term ending December 31, 2021.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Agreement with ISG for Final Design and Construction Documents for
Play Area Reconstruction Project at Riley Lake Park
Synopsis: Staff recommends entering into a professional services
agreement with ISG, Inc. for development of design and construction
documents for improvements to Riley Lake Park Playground. The
proposed project is scheduled in the Capital Improvement Program for
2021.
MOTION: Move to approve the Standard Agreement for
Professional Services with ISG, Inc. for Design and Construction
Document Development for Riley Lake Park Playground at a cost
not to exceed $46,200.00.
ANNOTATED AGENDA
January 19, 2021
Page 5
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
January 19, 2021
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
MLK Proclamation
ITEM NO.:
IV.A.
Requested Action
No formal action requested. Mayor Case will read the proclamation.
Synopsis This proclamation will declare 2021 as a year to celebrate human rights and diversity. It asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden
Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s dream. Attachment Proclamation
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the City of Eden Prairie’s City Council and Human Rights
& Diversity Commission sponsors the Human Rights Award program,
recognizing those who work to create an inclusive community spirit
through their actions, activities, and programs; and
WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther
King, Jr., had a dream and dedicated his life to helping freedom exist
for all people through his commitment to human rights and his non-
violent philosophy; and
WHEREAS, the City of Eden Prairie reaffirms its commitment to
fostering diversity in our community through the Eden Prairie
Manifesto.
NOW, THEREFORE, be it resolved, that the City of Eden Prairie
hereby proclaims 2021 as a year to celebrate human rights and
diversity, and asks all residents to continue their commitment and
concern for equal rights for all persons, to dedicate themselves to
helping those who do not yet share in that freedom, and to join the City
of Eden Prairie in recognizing and celebrating Dr. Martin Luther King,
Jr.’s dream.
Ronald A. Case, Mayor
City of Eden Prairie
ITEM NO.: IV.A.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
January 19, 2021
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Words in Action Contest Winners
ITEM NO.:
IV.B.
Requested Action
No formal action requested. Asad Aliweyd, Human Rights and Diversity Commissioner and Jillian Pearson, Human Rights and Diversity Student Commissioner, will be on-hand
to announce the winners of the Martin Luther King Jr Day Words in Action Contest Synopsis Eden Prairie youth submitted written or visual art pieces based on quotes from Dr. King.
Participants reflected on the ways that they can continue to remember Dr King and carry his legacy of racial justice forward. Contest winners include:
Under 13 years old: Siri Manikonda, writing Shaunya Kumar, visual art 13 – 18 years old:
Miriam Marsan, writing Leah Quintero, writing Attachment None.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
January 19, 2021
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Human Rights Awards
ITEM NO.:
IV.C.
Requested Action
No formal action requested. Greg Leeper, Human Rights and Diversity Chair, will be on-hand to announce the opening of the nomination process for the Human Rights Awards.
Synopsis The goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity
and create an inclusive community spirit through actions, activities or programs. Attachment None
UNAPPROVED MINUTES
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)
Getschow stated at least five years ago there was a discussion with the Eden Prairie Hockey
Association about undertaking charitable gaming and pull tabs. In order to allow it to occur,
the City Ordinance would need to be updated to allow an organization to lease a location to
conduct charitable gaming. Currently the Ordinance requires the organization to own the
building charitable gaming is conducted in. This Ordinance dates back to when the Eden
Prairie Legion owned their own building.
Andrew Pieper stated he represents the Eden Prairie Hockey Board as the Facilities and
Equipment Director, Linda Elmquist is President of Eden Prairie Hockey Association, and
Chris Lobsinger stated he is the Treasurer of the Hockey Association.
Pieper stated Eden Prairie Hockey boys’ team has been to State tournament nine times and
has won two titles. The girl’s hockey team has been to the State tournament nine times as
well and has won three titles. Eden Prairie hockey has turned out some national hockey
league (NHL) players. Many players have also gone on to play college level hockey, and
many others have had the experience of being on a team. The board members strive towards
building a good youth program. This year Eden Prairie youth hockey has about 40 teams and
about 500 kids in the program. Annual revenues are approximately $1 million, and about 65
percent is gained from the registration fees. About 50 percent of their expenses are for ice
time. Hockey is expensive, and the cost creates a barrier for access. Hockey traveling league
registration costs are 1,750 dollars. Mites traveling league registration is 500 dollars per
person. Lobsinger noted there are additional costs with traveling, equipment, and other fees.
For comparison, Eden Prairie football is about 350 dollars, baseball is about 400 dollars, and
City Council Workshop Minutes January 5, 2021
Page 2 soccer is about 50 to 60 dollars. Charitable gaming is being considered to help lower these
costs for families and to reduce or remove barriers for participation.
Pieper stated empty nesters are staying in their houses longer, and they are not seeing the
same amount of turnover with incoming kids. The average hockey team size in Eden Prairie
is smaller in recent years, and there are less kids to spread the cost of the sport. The board has
had some success with supplemental funding in the past. They secured a 12,000 dollar grant
to start a girl’s equipment program. They were able to grow their numbers by 20 percent for
that specific level. The Minnesota Hockey Association also has a drive for more diversity in
the support. Supplemental funding streams help work towards this initiative.
Pieper stated the board has done their research about what it would mean to do charitable
gaming. They have educated themselves by talking to other organizations who have had
successful programs, gambling managers, gambling game distributors, and restaurants. Three
of the board members took the Minnesota Gambling Control Board seminar. Multiple steps
need to be taken in order to implement charitable gaming such as structural changes to the
board, creating a subcommittee, hiring a charitable gaming manager, obtaining official
licensure, and partnering with a restaurant. There is interest from restaurants. The board is
aware of the work it will take, but they are ready to undertake these efforts. Lobsinger stated
this would require a code change as the Eden Prairie Hockey Association is made up of
volunteers and does not want to be in the business of owning a building. Charitable gaming
would be a revenue share of the net proceeds. There are a few options the City has to collect:
an annual charge, net receipts up to three percent, or a City fund up to ten percent.
Additionally, the City could potentially benefit from more ice time purchased.
Freiberg inquired how many locations they have interest in of the six available spots. Pieper
stated they would like to start out with one location to make sure they are doing everything
right, but they have interest in multiple locations. Freiberg inquired if they are looking for the
City to be exclusive with their association. Pieper replied they are not looking to be the only
association but would be interested in at least three of the six possible locations. Lobsinger
added it may be beneficial to be exclusive and help other associations. The average startup
cost is initially $5,000, and a manager would need to be hired. The manager could only
manage for one organization. Elmquist noted the manager who is hired would either have to
come from another association or be mentored by the Minnesota Gambling Control Board.
Case inquired which surrounding communities have pull tabs and if any negative
consequences such as fraud have come from those. Getschow noted almost every city
bordering Eden Prairie has gaming. Case inquired if Staff can gather feedback from
neighboring city staff. Case inquired if there is any feedback from a police perspective.
Weber stated there have been some issues with theft, but the examples are few. Lobsinger
noted the Gambling Control Board has created more processes to prevent crime. Narayanan
City Council Workshop Minutes January 5, 2021
Page 3 inquired what the down side is. Lobsinger stated if the Hockey Association is successful,
other associations may begin to have interest. Case stated he would like feedback from cities.
Nelson inquired about their timing as restaurants are currently not operating at full capacity.
Lobsinger stated the association would need to apply for their license with the State of
Minnesota, the gambling control manager license, and get their premise license. It takes at
least three to six months to get approval from the Gambling Control Board. They would also
have to hire someone who has been a voting member of their organization for at least 90
days. If they began by March 1, July 1 is the earliest they could start. Case inquired if it
would be possible to bring the Ordinance change to Council in January or February.
Getschow noted readings for the Ordinance could be accomplished in January and February.
Nelson inquired which six restaurants would be considered. Case stated the total of six
restaurants came from the previous Ordinance. The idea was there would be a minimum of
four locations and one per 10,000 population above 39,000. Case directed Staff to bring a
sample Ordinance with updated wording. It could possibly be a first and second reading of an
Ordinance by public hearing at the next meeting this month.
II. COUNCIL APPOINTMENTS AND 2021 CALENDAR (6:00-6:30)
Case stated he wanted to take a moment to state a few of the Somali community leaders had
reached out to him over the weekend. He went with Asad Aliweyd and Mohamed Nur to
offer condolences and share compassion to the Idd family. A few of the churches have plans
to reach out as well with their condolences on Thursday.
Case stated each year the Council makes annual appointments. The Council will appoint
someone who stands in as Acting Mayor if he were to be absent. Historically it has been the
most senior Council Member, in this instance Council Member Nelson. Typically the Mayor
is the delegate to the National League of Cities (NLC) and Municipal Legislative
Commission (MLC). Nelson would continue on the Fire Relief Association. Freiberg would
continue as an alternate to the Suburban Rate Authority. There are openings on both the I-
494 Corridor Commission and SouthWest Transit Commission. He believes the Council
would appoint Freiberg to I-494 Corridor Commission and Toomey to the SouthWest Transit
Commission. Narayanan would continue on the SouthWest Transit Commission. Nelson
would be appointed to the Southwest Light Rail Transit (LRT) Community Works Steering
Committee. Freiberg would continue on the Eden Prairie Foundation. Getschow noted
Narayanan would need to be appointed for a two year term on the SouthWest Transit
Commission. Aho’s two year term on the SouthWest Transit Commission still has a year
remaining. Case clarified Narayanan would be appointed to the two year term and Toomey to
the one year term. Nelson suggested Toomey serve as alternate for the Southwest LRT
Community Works Steering Committee. Toomey responded she is interested.
City Council Workshop Minutes January 5, 2021
Page 4 Getschow stated he has outlined workshop topics for the 2021 calendar. Similar to last year,
the Commission Work Plans would be the two workshops. The community survey results
will happen in April. Council goals would be discussed in February. Typically Council meets
with the School Board every other year. There will be discussions on the race and equity
initiative. There are also annual topics such as meeting with the Historical Society and
providing a historic property update, the next two year budget discussion, the audit and
financial statements, and a sustainability update. If other topics come up, those can be
scheduled as well. Narayanan inquired about an affordable housing update. Getschow
responded this could be a workshop topic if ideas need to be vetted. The Council will begin
taking action on implementing policies in the near future. Case stated in previous years there
has been a Council retreat where they discuss goals and action items for the next year. This
would likely take place at a workshop in February. He would like to take a moment during a
televised Council meeting in February or March to make some statements on goals. Case
noted the goals also give an opportunity to direct Staff in their work.
Narayanan inquired if a follow up will be necessary for the Metropolitan Airport
Commission (MAC) field’s lease. Case replied it depends on their negotiations. Narayanan
stated another idea is a workshop with the Metropolitan Council representatives. Getschow
stated Christopher Ferguson is our current representative. The Council could ask him to
speak at a workshop or provide an update to the community and the Council during a
televised meeting. Narayanan added SouthWest Transit is very involved with Metropolitan
Council, and it may be helpful to speak directly with them. Case noted he would like to have
a five minute update during their televised meeting.
Getschow stated SouthWest Transit is another possibility for a workshop or a televised
update. Narayanan inquired about a light rail transit (LRT) update. Getschow stated the last
update was prior to COVID-19 at a regular Council meeting. Case noted this may be
beneficial to have a five minute update every six months at a regular Council meeting.
Nelson added it would be beneficial to provide a televised update as many residents are
curious about their progress. Toomey inquired about LRT updates and communication on the
website. Getschow noted there is a full website page devoted to LRT, but if there are specific
updates an email to the listserv would be beneficial to direct them to the LRT page.
Getschow noted there are three dates outside of the normal meetings: Council goal setting,
Commission interviews, and the Board and Commission Banquet. The Commission
interviews could either be a hybrid model or all virtual. The Banquet is unlikely to be able to
take place as an indoor event in May. One idea is to potentially postpone until the summer.
Narayanan inquired about hosting the banquet outside in the summer. Case noted there would
need to be an outdoor tent. Nelson inquired about the Staring Lake Park building.
Lotthammer responded based on numbers, he does not believe it would be large enough.
Case stated if the banquet was tentatively in June, we should hopefully know more by April.
City Council Workshop Minutes January 5, 2021
Page 5
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 5, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, 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 Planner Julie Klima, 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. Council Member Nelson attended the meeting virtually.
II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF COUNCIL MEMBERS NARAYANAN AND TOOMEY City Attorney Neuville swore in Council Member Narayanan and Council Member Toomey.
Mayor Case welcomed the newly elected Council Members and expressed his expectation that this particular City Council will be an excellent one.
IV. OPEN PODIUM INVITATION
V. PROCLAMATIONS / PRESENTATIONS A. AWARDS FOR POLICE PERSONNEL Police Chief Weber reported Detective Mark Gustad and Analyst Ryan Kapaun have
each received three awards for their work on an October 2018 home invasion burglary:
the Minnesota Chiefs of Police Distinguished Service Award, the U.S. Attorney’s Award for Excellence in the Pursuit of Justice, and the Bureau of Alcohol, Tobacco, Firearms and Explosives ATF Honor Award. Chief Weber introduced Detective Gustad and Analyst Kapaun. Case commended them on their good work and thanked Chief
Weber and all of the Police Department for their excellent work on behalf of the City.
B. PROCLAMATION SUPPORTING LOCAL RESTAURANTS
CITY COUNCIL MINUTES January 5, 2021
Page 2 Pat MulQueeny, President of the Eden Prairie Chamber of Commerce, thanked the Council for their ongoing support of the Chamber and the business community. He
explained the importance of our local restaurants as they in turn support our businesses,
local youth and sports teams, and community events that strengthen the Eden Prairie community. Case noted the relationship between the City, the School District and the Chamber is an
essential partnership. COVID has caused many problems in our country, and opening
restaurants is at the top of people’s minds these days as we all want to be in restaurants and socialize once again. He read a proclamation proclaiming January 12-18 as “Support Eden Prairie Businesses Week.”
C. ACCEPT DONATION OF $5,400 FROM EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF TWO POLICE K-9 BALLISTIC VESTS (Resolution No. 2021-01)
Police Chief Weber announced we have received a generous donation of $5,400 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. He thanked them and noted such donations help to make sure our police have the
tools to do their work.
Case thanked the Crime Prevention Fund for the donation and noted Council Member Toomey also serves as the Fund’s President. He asked Council Member Toomey to explain the purpose of the Eden Prairie Prevention Crime Fund.
Toomey said the Eden Prairie Crime Prevention Fund has been in existence since 1978 and is a non-profit group. Originally the focus was to provide reward money, and they have since added funding of some outreach programs in the City. The Fund has supported the K-9 unit and just started a scholarship fund for high school students
interested in careers in crime prevention.
MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution 2021-01 accepting the donation of $5,400.00 from the Eden Prairie Crime Prevention Fund for the purchase of two police K-9 ballistic vests. Motion was approved on a roll call
vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.”
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published.
Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and
Case voting “aye.” VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 1, 2020
CITY COUNCIL MINUTES January 5, 2021
Page 3 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 1, 2020 Case noted there is a correction to be made to Item XIV.A.1. for the City Council meeting minutes on page 6, paragraph 1 and in the motion for the item. The amount of
the City Manager’s salary should be approximately $205,000, not approximately
$210,000. MOTION: Freiberg moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, December 1, 2020, as published, and the City Council meeting held Tuesday, December 1, 2020, as amended. Motion was approved on a
roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION NO. 2021-02 ESTABLISHING MEETING DATES AND TIME_FOR CITY BOARDS AND COMMISSIONS FOR 2021
C. ADOPT RESOLUTION NO. 2021-03 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION NO. 2021-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION NO. 2021-05 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION NO. 2021-06 DESIGNATING DEPOSITORIES G. ADOPT RESOLUTION NO. 2021-07 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION NO. 2021-08 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
CITY COUNCIL MINUTES January 5, 2021
Page 4 K. ADOPT RESOLUTION NO. 2021-09 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 No. 2021-10 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) MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-O on the
Consent Calendar. Motion was approved on a roll call vote, with Freiberg,
Narayanan, Nelson, Toomey and Case voting “aye.” X. PUBLIC HEARINGS / MEETINGS A. TERREY PINE COFFEE by Java Companies. Resolution 2021-11 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 No. 2021-11 for PUD Concept and Ordinance for PUD District and Zoning Change) Getschow said 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. 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.
Case noted the project is actually located to the east of the Burger King restaurant, not the west as stated. Getschow agreed that was true.
CITY COUNCIL MINUTES January 5, 2021
Page 5 Mark Krogh, representing Java Companies, expressed how wonderful the Eden Prairie staff was to work with. He gave a PowerPoint presentation about the project
and reported they have incorporated the recommendations of the Planning
Commission into the project. There are 13 parking spaces which provide parking for customers at the pick-up window and for employees. The coffee shop is drive-through only with a small patio for seating but no indoor seating. Access is provided from Terrey Pine and an access easement across the Burger King parking lot. The site
is designed to be pedestrian friendly. The landscaping conforms to City guidelines.
There will be underground stormwater management, native plantings and a smart irrigation system. Case asked about the underground stormwater storage. Mr. Krogh said they must
have either underground stormwater storage or a surface pond to take care of the
stormwater on the site. Case then asked if the system will capture all of the runoff from the site. Ellis said the system being proposed is very common and meets all of the standards. Such underground systems are common for sites that are challenged for space requirements. The runoff is ultimately infiltrated into the ground and cleaned
before it ends up in the Purgatory Creek drainage system
Freiberg questioned if this is a Starbucks franchise because the PowerPoint presentation showed the building with Starbucks signage. Mr. Keogh said it is.
Toomey asked if there would be a public restroom at the building because people may
choose to spend time on the patio area. If there is no restroom for the coffee shop, customers will have to run over to the Dairy Queen. Klima said staff does not have the final floor plans at this point; however, they will follow up during the permit process. Case stated he did not want to have people running over to the Dairy Queen
because of safety issues crossing the drive-through. Klima said they will take a look
at that from a building code standpoint and will report back at second reading. Case asked if there were concerns regarding the walk-up window because there are only five parking spaces for customers. Klima said the parking provided on site is
intended to address the largest employee shift which would occur in the morning
hours. There could be seven or eight employees during that time. Case was still concerned about a possible issue with insufficient parking if customers do park there and linger on the patio. Klima said at this point staff doesn’t have that concern. If there were to be a change in their business operation, that would be something staff
would discuss with the applicant.
Case asked if there were any other options to provide more parking spaces. Klima replied an option would be for the proponent to speak with their neighbors to get a joint parking agreement with them if more parking spaces were needed.
Freiberg asked what concerns came up at the Planning Commission meeting. Klima replied questions came up with regard to saving the tree along the property line with Burger King, and the applicant has agreed to save that tree. In addition, there were
CITY COUNCIL MINUTES January 5, 2021
Page 6 some comments about improving or increasing the amount of pervious surface on the site, and the applicant has made a change to use previous paving on the patio area.
There were other concerns about stacking in the drive-through, and the applicant
noted there is more stacking provided on this site than they would typically have. There is also additional room for stacking beyond that shown in the site plans. Freiberg asked if the project was passed unanimously at the Planning Commission.
Klima responded it passed 9-0.
Narayanan asked how many tables and chairs would be placed on the patio. Klima replied the plans did not show the number of tables to be placed on the patio. Narayanan then asked if the plans contained any sustainability features, such as solar
energy, and if they included a charging station in the parking area. Mr. Krogh
responded the tenant takes pride in their sustainability, and there was no initiative for solar. He was unsure about the charging station but would check on that. Case commented we would not want their customers to linger in the parking space for a long time while their vehicle was charging because of the limited number of spaces.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2021-11 for a Planned Unit Development concept review on
0.511 acres; to approve the first 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 to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
XI. 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 Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIV. APPOINTMENTS Getschow explained City Council Members serve on various commissions and committees the City is involved in. The following items are for those appointments as well as such things as
designating our official City newspaper.
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution No. 2021-12)
CITY COUNCIL MINUTES January 5, 2021
Page 7 MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution 2021-12 designating the Eden Prairie Sun Sailor as the official City newspaper for the year
2021. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Nelson, Toomey, and Case voting “aye.” B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2021 AND APPOINT ACTING MAYOR (Resolution No. 2021-13) MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2021-13
designating the official meeting dates, time and place for the City of Eden Prairie
Council in 2021 and appointing Council Member Nelson as Acting Mayor. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution No. 2021-14) MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021-
14 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 Nelson as Secretary for calendar year 2021. Motion was approved on a roll call vote, with Freiberg,
Narayanan, Nelson, Toomey, and Case voting “aye.” D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE
AUTHORITY (Resolution No. 2021-15) MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-15 designating Public Works Director Ellis as the Director and Council Member
Freiberg as the Alternate Director to the Suburban Rate Authority. Motion was
approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES MOTION: Toomey moved, seconded by Nelson, to approve appointment of Mayor
Case as Delegate and Council Members as Alternates to the National League of Cities. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION MOTION: Narayanan moved, seconded by Toomey, to approve appointment of
Mayor Case to the Municipal Legislative Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
CITY COUNCIL MINUTES January 5, 2021
Page 8 G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION MOTION: Nelson moved, seconded by Narayanan, to approve appointment of
Council Member Freiberg to the Southwest Cable Commission. Motion was
approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” H. APPOINTMENT TO I-494 CORRIDOR COMMISSION MOTION: Narayanan moved, seconded by Toomey, to approve appointment of Council Member Freiberg to the I-494 Corridor Commission. Motion was approved
on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting
“aye.” I. APPOINTMENT OF ASSISTANT WEED INSPECTOR MOTION: Toomey moved, seconded by Freiberg, to appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie. Motion was approved on a
roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution NO. 2021-16) MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021-
16 appointing Finance Director Kotchevar and Council Member Nelson to the Eden
Prairie Fire Relief Association. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION MOTION: Freiberg moved, seconded by Nelson, to appoint Council Member
Narayanan to the Southwest Transit Board as the Eden Prairie Appointed
Representative for a two-year term to end December 31, 2022. Appoint Council Member Toomey to the Southwest Transit Board as the Eden Prairie Appointed Representative to complete the two-year term ending December 31, 2021. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.”
L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS
STEERING COMMITTEE
MOTION: Narayanan moved, seconded by Freiberg, to appoint Council Member Nelson to the Southwest LRT Community Works Project Steering Committee and Council Member Toomey as an alternate member of the Southwest LRT Community
CITY COUNCIL MINUTES January 5, 2021
Page 9 Works Project Steering Committee. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” Case thanked all of the Council Members for the extra work each of them does throughout the community in addition to their work on the City Council. 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 XVI. OTHER BUSINESS
XVII. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 8:05 pm.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 19, 2021
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Raffle – Change of Date Organization: Eden Prairie Hockey Association Place: EP Community Center 16700 Valley View Road
New Date: March 6, 2021
(originally February 11, 2021) 2021 Renewal Licenses
Private Kennel Kimberly Donahue 18090 Evener Way
Karl & Brenda Ness
15441 Village Woods Drive
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 19, 2021
DEPARTMENT / DIVISION
Kevin Schmieg Inspection/Fire
ITEM DESCRIPTION
Agreement with Avolve Software for Electronic Plan Review
ITEM NO.
VIII.B.
Requested Action Move to: Approve the agreement for Avolve Software for Electronic Plan Review. The order includes the purchase of a ProjectDox License, Implementation Services along with Training and Assurance Services. This project is included in the 2021 CIP.
Synopsis ProjectDox is a permitting software program that is offered by Avolve which will be hosted by LOGIS. The new software system will enable applicants to submit plans for both planning projects and building
permits in an on-line electronic format. The program provides tools to review the plans, forward the
plans to other reviewers and ultimately store the plans in Laserfiche. Background Avolve’s ProjectDox is a permitting software that utilizes electronic plan submittal and permit review.
Several years ago, LOGIS hosted a number of meetings with member cities to review several software programs for ePlan review and of those programs ProjectDox was selected. LOGIS will host the program for member cities and has already integrated the program into our current Permit Information Management System (PIM’s).
ProjectDox will be utilized by multiple divisions including: Planning, Building Inspections, Engineering, Fire Inspections and the Parks Department in the review of proposed planning projects and of building permits. ProjectDox is a green alternative to past paper intensive plan submittals for building permits and planning submittals. The utilization of this new ePlan submittal and review process will help
to improve the efficiency and effectiveness of not only City staff but of our customers.
Total Avolve software cost: ProjectDox License $100,900.00
Implementation Services $46,290.00
Training $15,756.25 Assurance Services $4,106.25 Total Cost $167,052.50 Attachment Avolve Software Sales Order
AVOLVE SOFTWARE SALES ORDER
Traditional On-Premises Licensee
After signing this Avolve Software Order From (“Software Sales Order”), please either mail or fax to Avolve Software Corporation, 4835
E. Cactus Road, Suite 420, Scottsdale, Arizona 85254, or e-mail scanned image to pgosselin@avolvesoftware.com
Order Date: 10/14/2020
CUSTOMER INFORMATION
Customer Name: City of Eden Prairie, MN
Customer Mailing
Address:
8080 Mitchell Road
City: Eden Prairie State: MN Zip: 55344
CUSTOMER CONTACTS
PRIMARY SECONDARY
Name: Kevin Schmieg
Phone: (952) 949-8340
E-mail: kschmieg@edenprairie.org
Name:
Phone:
E-mail:
Licenses and Services Fees*
X ProjectDox License
$100,900.00
X Implementation Services
$46,290.00
X Training
$15,756.25
X Assurance Services $4,106.25
Total Fees: $167,052.50
Total Fees Invoiced on Signing: $110,158.00
* See Quote and/or relevant Schedules for details concerning fees. Fees do not include applicable sales, withholdings or value-added
taxes. All fees are in United States Dollars.
Authorized Business Unit(s): City of Eden Prairie, MN_______________________________
Initial Maintenance Term (if applicable): 60 months, calculated from the Go Live Date#.
Initial Hosting Services Term (if applicable): NA months, calculated from NA
License Term (if applicable): 60 months, calculated from the Go Live Date#.
Payment Method: EFT
#”Go Live Date” is defined as the date that the Software is first made available by Avolve to the Customer to release and use in a live,
production mode.
Schedules: The following Schedules are hereby incorporated by reference into this Software Sales Order.
Schedule A General Terms and Conditions
Schedule B Statement of Work for ProjectDox Implementation (SOW)
Signature
IN WITNESS WHEREOF, the parties hereto, each by a duly authorized representative, have executed this Software Sales Order as of
the Order Date first set forth above:
Customer: Eden Prairie, MN Avolve Software Corporation
Signature: Signature:
Printed: Ronald A. Case Printed:
Title: Mayor Title:
Date: _______________, 2021 Date:
Signature:
Printed: Rick Getschow
Title: City Manager
Date: ______________, 2021
ProjectDox ePlan Solution Pricing Agreement
PRODUCTS
Product Name Product Code Description Qty Unit Price Disc Total Price
ProjectDox Tier 4 Software PKG-PDOX 4 SW
ProjectDox Software License Package Includes: - ProjectDox Core Production Environment - ProjectDox Test Environment - 1 Best In Class Workflow - Allowance for one Base Integration
1.00 $127,500.00 $36,600.00 $90,900.00
BIC Building or Planning ProjectFlow Tier 4
SOFT-BIC Tier 4 Best In Class: Planning ProjectFlow. 1.00 $25,000.00 $15,000.00 $10,000.00
Products Sub-Total: $100,900.00 PROFESSIONAL SERVICES
Product Name Product Code Description Qty Unit Price Disc Total Price
Best-in-Class Level 1 ProjectFlow CORE Services
PS-BIC.L1CORE
BIC Core Setup Services Level 1 for Workflows:
• Planning Workflow
1.00 $15,000.00 $1,610.00 $13,390.00
ProjectDox Tier 4 Professional Services Bundle
PKG-PDOX 4 PS BNDL
Package Includes: • Installation • Orientation & Configuration of Building Workflow • Configuration & Integration (Base Integration Services) • User Acceptance Testing • Soft Launch
1.00 $38,700.00 $5,800.00 $32,900.00
Assurance Services PS-AS 18 Hours of Assurance Services - Invoiced monthly as used. $10,125.00 $4,106.25
Professional Services Sub-Total: $50,396.25
TRAINING
Product Name Product Code Description Qty Unit Price Disc Total Price
ProjectDox Tier 4 Training PKG-PDOX 4 TRN
Implementation Training Package Includes: • 1: Introduction to ProjectDox • 1: Workflow and Markup Training for Plan Reviewers • 1: Workflow and Administration Training for Coordinating Staff • 1: Community Outreach Class • 1: System Administration Class
1.00 $15,400.00 $2,300.00 $13,100.00
ProjectDox Training TES-INTRO Introduction to ProjectDox 1.00 $1,125.00 $168.75 $956.25
Workflow Business Process Training for Coordinating Staff
TES-BICCOR
For the Planning Workflow. This course is designed to provide the coordinating staff (intake/permit techs, coordinators, administrators, etc.) with the knowledge of the e-plan review process and their role within it. Skills learned will include understanding how users will be notified, accept and complete tasks, check status of the review and provide management of assigned users (based on defined role). This course is limited to a max of 12 persons per session/course.
1.00 $2,000.00 $300.00 $1,700.00
Training Sub-Total: $15,756.25
Software and 20% of Services to be invoiced upon execution of contract. Remaining
Services will be based on milestone payments outlined within the Statement of Work
below. Payment is due 30 days from date of invoice. 1.5% service charge per month
will be applied after 30 days of invoice date. (18% per annum) Travel and Expense are
not included within this proposal. Travel is not expected for this engagement.
ProjectDox Total:
$167,052.50
Special Terms and Conditions
1. Pricing will expire 1/7/2021
2. LOGIS will be responsible for Support pertaining to Server/Infrastructure
3. LOGIS will be responsible for PIMS Integration
4. Additional Configuration above Best-In-Class will require a Discovery and Change Order
Requested Action Move to: Receive the 2020 Pay Equity Report and approve submittal of the report to the State.
Synopsis In 1984, the Minnesota Legislature passed the Local Government Pay Equity Act (LGPEA). This state law requires all public jurisdictions such as cities, counties, and school districts to eliminate any
sex-based wage inequities in compensation. The City of Eden Prairie is required to submit a pay equity report every three years to demonstrate compliance with this law. The attached report for 2020, which must be approved by the Council, is due January 31, 2021. Our analysis of the data contained in the report indicates that the City is
currently in compliance this law. Attachment Pay Equity Report
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE: January 19, 2021
DEPARTMENT / DIVISION:
Alecia Rose
Administration / Human Resources
ITEM DESCRIPTION:
Approval of Pay Equity Report
ITEM NO.:
VIII.C.
Pay Equity Implementation Form
Print Date: 1/8/2021
Part A: Jurisdiction Identification
Jurisdiction: Eden Prairie
8080 Mitchell Road
Eden Prairie
Jurisdiction Type: CITY - City
Contact:
Name Title Phone Email
Alecia Rose Admin Serv/HR Director 952-949-8359 arose@edenprairie.org
Muriel Sharockman HR Benefits Specialist 952-949-8431 msharockman@edenprairie.org
Part B: Official Verification
1. The job evaluation system used measured skill, effort
responsibility and working conditions and the same system was used for all classes of employees. The system used was:
Describe below if the job evaluation system used is: “The same as last year”, “A new system”, “A substantially modified system from last year”, or
another descriptor not listed here:(*less than 240 characters)
2.
Health Insurance benefits for male and female classes of comparable value have been evaluated and:
Part C: Total Payroll
is the annual payroll for the calendar year just ended December 31.
3. An official notice has been posted at:
informing employees that the Pay equity
Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by:
City Council
(Governing Body) (Signature of Chief Elected Official)
Mayor
(Title)
Checking this box indicates the following:
signature of chief elected official
approval by governing body
all information is complete and accurate, and
all employees over which the jurisdiction has final budgetary authority are included
City Center Entrance
Consultant’s System (specify)
Trusight/MRA
Guide Chart Point Factor Method
There is no difference and female classes
are not at a disadvantage.
$27,569,651.17
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 19, 2021
DEPARTMENT/DIVISION:
Fire Department
ITEM DESCRIPTION:
Declare obsolete fire suppression hose as surplus
ITEM NO.:
VIII.D.
Requested Action Move to: Declare obsolete fire suppression hose as surplus and authorize the City Manager to dispose of property by donating to other fire departments in Minnesota as authorized by the State of Minnesota as authorized under City Code Section 2.86, Subd. 3.
Synopsis The City has a surplus of obsolete fire suppression hose. The hose is 18-20 years old and is a total of 9,025 feet. The fire suppression hose contains 1 ¾ and 2 ½ inch fire suppression hose.
The fire hose has no value to the City of Eden Prairie and will be destroyed if not donated. Fire departments in Minnesota may have need for fire suppression hose and not have the funding to purchase hose. This hose, although 18-20 years old, may be newer than some of the hose the fire department currently utilizes. The City of Eden Prairie will donate the hose to Minnesota based fire departments requesting the hose.
All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment
Supplies List
Date: January 11, 2021 To: File From: Scott Gerber, Fire Chief Reference: Obsolete Hose _____________________________________________________________________________
The following is obsolete hose and can be declared surplus.
1 ¾ inch Suppression Hose
• Red 50 foot sections 1300 feet
• Red 100 foot sections 1100 feet
• Orange 100 foot sections 1300 feet
• White 100 foot sections 1100 feet
• White 50 foot sections 1600 feet
• Orange 50 foot section 50 feet 2 ½ inch Suppression Hose
• Blue 50 foot sections 2550 feet
• Red 25 foot section 25 feet Total 9,025 feet
City of Eden Prairie Fire Department
14800 Scenic Heights Road
Eden Prairie, MN. 55344
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 19, 2021
DEPARTMENT / DIVISION
Department
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve purchase from Cole Papers Inc. for Solo Rescue Decon Washer and Accessories
ITEM NO.
VIII.E.
Requested Action Move to: Approve the purchase of Solo Decon Washer from Cole Papers Inc. Cole Papers Inc. is the sole provider for this equipment and no competitive bids are obtainable. Cole Papers Inc. provided a quote of $47,396.00. This purchase is being paid for with 2021 CIP funds allotted for this project.
Synopsis This purchase will provide enhanced health and safety for our firefighters. This new equipment which we will place at two fire stations will allow us to decontaminate SCBA and other equipment in a way that we cannot currently do. This will add to firefighter health and safety, specifically in the area of cancer
awareness.
Attachments Quote – Cole Papers Inc.
Good and Services contract
CITY COUNCIL AGENDA SECTION: Payment of Claims
DATE: January 19, 2021
DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 279240 - 279516
Wire Transfers 1026936 - 1027043 Wire Transfers 8017 - 8045
Purchasing Card 8017
City of Eden Prairie
Council Check Summary
1/19/2021
Division Amount Division Amount
100 City Manager 16,318 301 CDBG 34,038
101 Legislative 577 308 E-911 336
110 City Clerk 18,249 315 Economic Development 2,050
111 Customer Service 5,477 509 CIP Fund 8,279
112 Human Resources 219 522 Improvement Projects 2006 23,396
113 Communications 8,218 528 Shady Oak Rd-CR 61 North 557,725
114 Benefits & Training 233 536 General LRT 66,584
130 Assessing 39 539 2020 Improvement Projects 7,063
131 Finance 508 804 100 Year History 92
132 Housing and Community Services 3,891 Total Capital Projects 699,563
133 Planning 5
136 Public Safety Communications 4,068 601 Prairie Village Liquor 101,724
138 Community Development Admin.49 602 Den Road Liquor 194,538
150 Park Administration 2,459 603 Prairie View Liquor 113,217
151 Park Maintenance 10,885 605 Den Road Building 3,170
154 Community Center 4,975 701 Water Enterprise Fund 120,298
156 Youth Programs 1,995 702 Wastewater Enterprise Fund 11,070
158 Senior Center 261 703 Stormwater Enterprise Fund 243,902
159 Recreation Administration 293 Total Enterprise Fund 787,918
160 Therapeutic Recreation 45
162 Arts 575 802 494 Commuter Services 14,879
163 Outdoor Center 437 806 SAC Agency Fund 14,910
168 Arts Center 519 807 Benefits Fund 890,458
180 Police Sworn 27,934 809 Investment Fund 3,804
184 Fire 94,105 812 Fleet Internal Service 71,325
186 Inspections 3,813 813 IT Internal Service 58,182
200 Engineering 2,593 814 Facilities Capital ISF 58,248
201 Street Maintenance 3,985 815 Facilites Operating ISF 32,430
202 Street Lighting 68,308 816 Facilites City Center ISF 57,223Total General Fund 281,035 817 Facilites Comm. Center ISF 7,024Total Internal Svc/Agency Fund Report Totals1,208,485
437 G.O. Perm. Improv. 2010A 12,500439G.O. Refunding Bonds 2011C 2,415 Report Total 9,925,547
441 2012A G.O. Refunding Bonds 4,982,578
442 2012B G.O. Refund Capital Imp 1,951,053
Total Debt Service Fund 6,948,546
City of Eden Prairie
Council Check Register by GL
1/19/2021
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8045 7,166,046 US BANK OPERATIONS CENTER Interest Stormwater Collection Debt svc pymt 01.05.21
279362 557,725 SM HENTGES & SONS INC Improvement Contracts Shady Oak Rd-CR 61 North W 62nd St Reconstruction proj
8039 320,679 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums January 2021
8042 278,569 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR Ending 01.01.218040186,358 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 12.18.20
279487 66,584 METRO TRANSIT Other Contracted Services General LRT
1027043 66,409 XCEL ENERGY Electric Round Lake
1026963 58,303 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Wastewater Capital
8017 56,941 USB-PURCHASING CARD Operating Supplies Skating Rinks/Warming Houses27933048,420 JOHNSON CONTROLS Other Contracted Services Facilities Capital
279370 34,353 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
8044 27,772 EMPOWER Deferred Compensation Health and Benefits
8034 27,395 FURTHER - AKA SELECT HRA Health and Benefits
279448 26,046 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM27927324,128 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
279410 23,782 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1027001 23,396 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
8028 22,477 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store
8043 22,237 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits102701721,142 CENTERPOINT ENERGY Gas Water Storage
279336 17,450 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
279294 16,456 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1026979 15,366 JEFFERSON FIRE & SAFETY INC Small Tools Fire
1027031 15,211 METROPOLITAN MECHANICAL CONTRACTORS Capital Under $25,000 City Hall (City Cost)279514 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
1026975 14,004 HAWKINS INC Treatment Chemicals Water Treatment
279388 13,341 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1027027 13,098 JEFFERSON FIRE & SAFETY INC Equipment Repair & Maint Fire
1026977 12,882 HENRICKSEN & COMPANY INC Capital Under $25,000 Fire Station #4802212,874 FURTHER - AKA SELECT HSA - Employee Health and Benefits
279265 12,590 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
279280 12,526 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
279469 12,500 DORSEY & WHITNEY LLP Bond Issue Costs G.O. Perm. Improv. 2010A
279252 12,279 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store27943411,590 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8023 11,035 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
279481 10,936 KRIS ENGINEERING INC Equipment Parts Fleet Operating
279417 10,848 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
279314 10,268 CORNERHOUSE Other Contracted Services Police Sworn
279460 10,000 BURNET TITLE Other Contracted Services CDBG - Public Service
279480 9,828 JOHNSON CONTROLS Contract Svcs - HVAC Facilities Capital
279358 9,816 ROGUE FITNESS Health & Fitness Fire
279403 9,712 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
279425 9,672 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
279299 9,523 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1027014 9,443 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
279476 9,256 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Elections
279266 9,150 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279402 8,904 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
279353 8,201 PROP Other Contracted Services CDBG - Public Service
279342 8,000 NORTH AMERICAN RESCUE EMS Supplies Fire
279498 8,000 NORTH AMERICAN RESCUE EMS Supplies Fire
279327 7,978 HENNEPIN COUNTY TREASURER Printing Elections
279272 7,962 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
8031 7,886 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1027033 7,577 POMP'S TIRE SERVICE INC Tires Fleet Operating2793797,386 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1026974 7,286 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital
279427 7,283 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
279349 7,265 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
279352 6,977 PROP Other Contracted Services CDBG - Public Service2794426,730 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1027037 6,469 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
279394 6,256 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1027030 5,822 METRO SALES INCORPORATED*Equipment Rentals Customer Service
1027013 5,637 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects2794145,603 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
279257 5,537 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
8021 5,485 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
279471 5,471 FIRE SAFETY USA INC Equipment Repair & Maint Fire
279351 5,346 PROP Other Contracted Services CDBG - Public Service2794015,226 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
279409 5,151 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
279472 4,968 GRAYMONT Treatment Chemicals Water Treatment
279324 4,855 GRAYMONT Treatment Chemicals Water Treatment
279367 4,814 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire2792454,805 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
279380 4,791 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
279453 4,788 ARCHIVESOCIAL Other Contracted Services IT Operating
1026948 4,788 BRAUN INTERTEC CORPORATION Contract Svcs - Asphalt/Concr.Maintenance Facility
279374 4,662 VIDEOTRONIX INC Improvement Contracts Capital Maint. & Reinvestment2794264,524 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
279335 4,462 MACQUEEN EQUIPMENT INC Protective Clothing Fire
279504 4,433 RAINBOW TREECARE Other Contracted Services Tree Removal
279307 4,364 ASPEN MILLS Clothing & Uniforms Fire
279267 4,255 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store2792784,175 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
279381 4,163 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
279484 4,106 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire
279357 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
8027 3,901 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
8030 3,870 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
8020 3,804 PFM ASSET MANAGEMENT LLC Interest Investment Fund
279399 3,802 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
279372 3,733 US DIGITAL DESIGNS Other Assets Public Safety Communications
279309 3,700 CASTRO CLEANING LLC Safety Supplies Utility Operations - General
279287 3,635 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
279413 3,631 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
279493 3,558 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Stormwater Collection
279512 3,530 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279331 3,420 KIESLER POLICE SUPPLY INC.Capital Under $25,000 Capital Maint. & Reinvestment
279516 3,382 VERIZON WIRELESS Data Plans - Police IT Operating
279315 3,365 DG CENTRAL 1 LLC Electric Facilities Operating ISF
279475 3,339 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
279490 3,333 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital
279323 3,185 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
279515 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1026986 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)1027026 2,998 HAWKINS INC Treatment Chemicals Water Treatment
1026961 2,928 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital
279377 2,909 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1026949 2,842 CLAREY'S SAFETY EQUIPMENT Small Tools Emergency Management
279438 2,837 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store2792442,819 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
279391 2,771 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
279437 2,707 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1026987 2,664 STREICHERS Clothing & Uniforms Police Sworn
279488 2,660 METROPOLITAN COUNCIL OCS - Monitoring Stormwater Non-Capital2794672,658 DALCO Equipment Repair & Maint Fleet Operating
279286 2,641 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
279261 2,605 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
279251 2,599 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
279461 2,571 CENTURYLINK Telephone City Center - CAM2793502,557 PRINTING ENTERPRISES INC Advertising Prairie View Liquor Store
279260 2,553 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
279497 2,459 MRPA Dues & Subscriptions Parks Administration
279329 2,418 INTERTECH INC Contract Development IT Operating
279293 2,415 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store2792552,405 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
279283 2,314 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
8024 2,253 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1026999 2,222 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1026994 2,205 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store2794582,145 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
279387 2,115 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1026955 2,075 GREGOIRE, DAVID Other Contracted Services Communications
1026960 2,035 SWANK MOTION PICTURES INC Licenses, Taxes, Fees General Fund
279298 2,015 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store2793281,995 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
279268 1,991 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
279455 1,935 ARVIG Fiber Lease Payments IT Operating
279433 1,882 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
279343 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service
279277 1,866 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
279282 1,816 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
279420 1,779 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1026982 1,763 METRO SALES INCORPORATED*Equipment Rentals IT Operating
279288 1,694 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1027039 1,677 STREICHERS Clothing & Uniforms Police Sworn
279502 1,672 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
1026969 1,634 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
279511 1,600 THE ADVENT GROUP Temp 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1027004 1,593 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Fire Station #3
279297 1,579 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
279355 1,562 PROP Other Contracted Services CDBG - Public Service
279501 1,533 PERA Wages and Benefits 494 Corridor Commission
8038 1,528 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1026991 1,527 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
279254 1,506 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
279452 1,500 ARBOR GLEN TOWNHOME ASSOCIATION Rebates Stormwater Non-Capital10269641,500 ALLDATA Software Fleet Operating
279507 1,474 SCHLOMKA SERVICES LLC Contract Svcs - Ice Rink Ice Arena Maintenance
1026980 1,466 MENARDS Equipment Parts Riley Lake
8019 1,455 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
279302 1,453 A&B WELDING & CONSTRUCTION Equipment Repair & Maint Water Treatment2793131,448 COREMARK METALS Equipment Parts Fleet Operating
279407 1,426 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1027003 1,420 CUMMINS NORTH CENTRAL INC Equipment Repair & Maint Fleet Operating
279423 1,407 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1026966 1,356 BOYER TRUCKS Equipment Parts Fleet Operating2793901,336 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1026993 1,329 VINOCOPIA Liquor Product Received Den Road Liquor Store
279270 1,328 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
8029 1,327 CARD CONNECT Bank and Service Charges Community Center Admin
279354 1,279 PROP Other Contracted Services CDBG - Public Service2794851,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
279496 1,214 MN TRANSPORTATION ALLIANCE Dues & Subscriptions Engineering
279249 1,208 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
279246 1,184 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1026997 1,139 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store2793451,127 PAPCO INC Janitor Service General Community Center
279303 1,098 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment
279306 1,061 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Fire
1026958 1,056 OLSEN CHAIN & CABLE Equipment Testing/Cert.Fleet Operating
279241 1,031 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store2794301,002 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1026981 986 METRO ELEVATOR INC Contract Svcs - Elevator Maintenance Facility
279466 964 CORE & MAIN Repair & Maint. Supplies Water Distribution
1027024 956 GRAFIX SHOPPE Autos Fleet Capital
279340 947 NAC Contract Svcs - Plumbing Den Bldg. - CAM279304942AIRGAS USA LLC Supplies - Pool Pool Maintenance
1026962 924 YOUNGSTEDTS COLLISION CENTER Autos Fleet Capital
1026938 906 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
279449 894 AIRGAS USA LLC Supplies - Pool Pool Maintenance
279332 870 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Skating Rinks/Warming Houses
1026998 869 VINOCOPIA Liquor Product Received Prairie View Liquor Store
279397 868 WINEBOW Liquor Product Received Prairie Village Liquor Store
1026942 866 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
279384 851 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
279334 842 LHB INC Other Contracted Services Sustainable Eden Prairie
279486 838 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
1026972 834 GENUINE PARTS COMPANY Repair & Maint. Supplies City Hall (City Cost)
1026988 822 WALL TRENDS INC Contract Svcs - General Bldg Den Bldg. - CAM
279316 806 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279247 803 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
279444 799 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
279301 783 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
279462 777 CENTURYLINK Telephone Water Treatment
1027042 777 ZIEGLER INC Equipment Parts Fleet Operating
1026953 771 FLEETPRIDE INC Equipment Parts Fleet Operating
279308 770 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
279404 753 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store279368750TREEHOUSEOther Contracted Services Housing and Community Service
279470 747 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
279248 718 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1027029 717 MENARDS Equipment Parts Maintenance Facility
279415 690 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store1026973689GRAINGERCleaning Supplies Facilities Staff
279338 672 MOBILE PRO SYSTEMS Equipment Repair & Maint Fleet Operating
279405 668 DOMACE VINO Liquor Product Received Den Road Liquor Store
1026944 650 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1026965 650 BIFFS INC Building Materials Park Maintenance279477645INDIGO SIGNWORKS, INC.Office Supplies Traffic Signs
279271 644 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
279489 644 MILLER KATHY Other Contracted Services Rehab
1026989 637 WATSON CO INC, THE Clothing & Uniforms Prairie View Liquor Store
279291 625 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store279495624MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals
8041 616 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
279348 608 PRAIRIEVIEW RETAIL LLC Prepaid Expenses Prairie View Liquor Store
279369 600 TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn
279445 593 WINEBOW Liquor Product Received Prairie View Liquor Store279289581CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1027015 572 AMERICAN TIME & SIGNAL CO Supplies - General Bldg City Hall (City Cost)
1027028 570 KUSTOM SIGNALS INC Capital Under $25,000 Police Sworn
279503 570 PRECISE MRM LLC Equipment Parts Fleet Operating
1027006 565 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM1027025564GRAINGERRepair & Maint. Supplies Water Treatment
1026940 553 VINOCOPIA Liquor Product Received Den Road Liquor Store
1026992 552 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
279396 550 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
279492 550 MINNESOTA STATE FIRE DEPT ASSN Dues & Subscriptions Fire279459543BOUND TREE MEDICAL LLC EMS Supplies Fire
1027011 535 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
1026971 534 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
279432 530 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
8032 514 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
279400 506 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
279457 503 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
279275 500 MEGA BEER Liquor Product Received Den Road Liquor Store
279456 498 ASPEN MILLS Clothing & Uniforms Fire
1026937 498 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1027016 458 BOYER TRUCKS Equipment Parts Fleet Operating
279506 435 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events
279446 430 PETTY CASH-POLICE DEPT Office Supplies Police Sworn
279500 425 PAPER ROLL PRODUCTS Printers -Accessories IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279310 405 CENTURYLINK Telephone IT Operating
279482 400 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections
1027000 397 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
8026 388 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
279416 387 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
279408 371 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
279274 370 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
279450 369 ALDEN JOHN Mileage & Parking Stormwater Non-Capital1027019352ECM PUBLISHERS INC Legal Notices Publishing City Clerk
279262 350 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
279284 345 BERGMAN LEDGE LLC Liquor Product Received Prairie View Liquor Store
279253 343 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
279263 342 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store1026995342NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
279364 340 STAPLES ADVANTAGE Office Supplies Customer Service
1026978 336 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
279421 325 WINEBOW Liquor Product Received Den Road Liquor Store
279276 325 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store1027010322OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
279468 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission
279513 316 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution
279398 314 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1026968 312 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits279240300RAMSEY COUNTY SHERIFF'S OFFICE Deposits General Fund
279312 300 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
279478 300 IWOMEN Dues & Sub-Memberships Fire
1027032 295 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
279325 293 GS DIRECT Operating Supplies Recreation Admin279411290MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
279258 288 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
1026983 284 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
279296 279 MEGA BEER Liquor Product Received Prairie View Liquor Store
1026941 276 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store279321268ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
1027020 253 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
279451 250 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store
279322 250 FEIGENBAUM, SUSAN Other Contracted Services Arts
279339 250 MOORE MEGAN Other Contracted Services Arts279435245MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
279393 243 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
279505 242 READY WATT ELECTRIC Repair & Maint. Supplies Emergency Management
1027005 226 FASTENAL COMPANY Equipment Parts Fleet Operating
279509 225 STAPLES ADVANTAGE Office Supplies Customer Service
279375 222 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund
279250 210 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
279292 207 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1027035 205 SPRINT Cell Phones 494 Corridor Commission
279406 201 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
279356 196 PROP - PR Charitable Contributions Health and Benefits
8037 196 OPTUM HEALTH Other Contracted Services Health and Benefits
279383 193 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
279429 193 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279454 192 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
279483 186 LUBE-TECH & PARTNERS LLC Equipment Parts Fleet Operating
279395 186 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
279499 185 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
279443 183 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
279389 182 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
279378 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
279424 182 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store279440180SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
1027002 180 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
279510 179 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
279418 174 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
279243 172 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store1026959170RUE, RODNEY Mileage & Parking Engineering
1026990 168 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1027038 165 STERICYCLE INC Other Contracted Services Police Sworn
1026946 165 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1026996 162 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store1027021161FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
279376 161 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
279281 159 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
279300 159 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
279412 156 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store279436156OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
8025 153 SQUARE Bank and Service Charges Prairie View Liquor Store
1027036 152 SPS COMPANIES Supplies - HVAC City Center - CAM
279385 150 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1026976 148 HD SUPPLY FACILITIES MAINTENANCE Supplies - Plumbing Fire Station #3279295148LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
279447 147 A TO Z RENTAL CENTER Equipment Repair & Maint Fire
279344 147 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
1027012 144 VAN PAPER COMPANY Cleaning Supplies General Community Center
279242 144 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store279285144BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
279419 143 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
279346 143 PARK NICOLLET Health & Fitness Fire
279439 142 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1026984 140 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall (City Cost)279279 137 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
279337 135 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
1026947 135 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General
279465 131 COMCAST Phone/Data/Web 494 Corridor Commission
279386 131 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1027007 128 HALLOCK COMPANY INC Repair & Maint. Supplies Park Maintenance
1026950 127 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
1027040 126 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
279347 125 POFERL, CHRISTOPHER Tuition Reimbursement/School Fitness Classes
279269 123 DOMACE VINO Liquor Product Received Den Road Liquor Store
279382 123 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
279373 121 VERIZON WIRELESS Telephone IT Operating
279305 120 ANYTHING POSSIBLE BRANDS Operating Supplies Playgrounds
1026967 120 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1027008 119 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
279360 116 SEJKORA PATRICK Mileage & Parking Stormwater Non-Capital
279290 114 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie View Liquor Store
279428 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store
279333 105 KRIS ENGINEERING INC Equipment Parts Fleet Operating
1026939 102 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
279508 99 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
1027009 99 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating27926498BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
279431 96 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
8033 92 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
1027034 91 SHERWIN WILLIAMS CO Supplies - General Bldg City Hall (City Cost)
1026945 90 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store27946390COMCASTInternetIT Operating
1026952 89 FASTENAL COMPANY Operating Supplies Park Maintenance
1026956 85 HYNEK, EVAN Clothing & Uniforms Police Sworn
1026970 79 FERRELLGAS Motor Fuels Fleet Operating
1026936 79 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store27936178SHRED RIGHT Waste Disposal City Hall (City Cost)
279256 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
279441 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1026943 76 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
279494 75 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating102701875CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre
279371 72 UNITED WAY Charitable Contributions Health and Benefits
279474 72 HANLEY MEGAN P&R Refunds Community Center Admin
279392 71 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
279326 68 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn27932066EHLERS & ASSOCIATES INC Other Contracted Services TIF-Superior Office Crt
279259 61 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
279317 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
8018 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
1027023 54 GARTNER REFRIGERATION & MFG INC Repair & Maint - Ice Rink Ice Arena Maintenance27949152MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
279473 52 HAGERT CASEY Mileage & Parking Youth Programs Admin
279366 49 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
279341 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
279422 48 56 BREWING LLC Liquor Product Received Prairie View Liquor Store27946445COMCASTCable TV Fire
1026985 42 SPRINT Cell/Pager Plans IT Operating
1026954 40 GOODIN COMPANY Supplies - HVAC Fire Station #1
279318 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
279319 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
279311 23 COMCAST Other Contracted Services Police Sworn
279479 19 J H LARSON COMPANY Supplies - Electrical General Community Center
1026951 18 EICHMAN NATHAN Canine Supplies Police Sworn
1027022 18 FORCE AMERICA Equipment Parts Fleet Operating
1026957 17 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
279365 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
279363 11 SNAP-ON TOOLS Small Tools Fleet Operating
8036 10 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
1027041 10 UPS Postage Planning
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8035 0.10 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
9,925,547 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
1/19/2021
Amount Account Description Business Unit
9,889 Other Revenue General Fund
2,793 Computers IT Operating
2,050 Operating Supplies Fire
1,868 Small Tools Fire
1,350 EMS Supplies Fire
1,350 Operating Supplies Pool Operations
1,174 Small Tools Fire
1,157 Building Materials Street Maintenance
963 Employee Award Internal Events
963 Employee Award Internal Events
963 Employee Award Internal Events
960 Small Tools Fire
915 Advertising Prairie View Liquor Store
900 Operating Supplies Park Maintenance
899 Operating Supplies Police Sworn
896 Waste Disposal City Hall (City Cost)
895 Computers IT Operating
880 Employee Award Internal Events
870 Bank and Service Charges Prairie View Liquor Store
709 Operating Supplies Traffic Signs
695 Tuition Reimbursement/School Police Sworn
695 Tuition Reimbursement/School Police Sworn
690 Prepaid Expenses General Fund
690 Small Tools Fire
680 Prepaid Expenses Water Enterprise Fund
680 Prepaid Expenses Water Enterprise Fund
680 Prepaid Expenses Water Enterprise Fund
640 Cleaning Supplies Facilities Operating ISF
612 Equipment Parts Fleet Operating
590 Other Contracted Services Police Sworn
580 Operating Supplies Pool Operations
575 Equipment Repair & Maint Fire
495 Repair & Maint. Supplies General Community Center
495 Prepaid Expenses General Fund
495 Prepaid Expenses IT Operating
468 Employee Award Internal Events
430 Cleaning Supplies Facilities Operating ISF
420 Repair & Maint. Supplies Water Treatment
413 Employee Award Internal Events
412 Repair & Maint. Supplies Water Treatment
412 Licenses, Taxes, Fees Fitness Classes
Amount Account Description Business Unit
399 Repair & Maint. Supplies City Center - CAM
375 Training Supplies Fire
335 Equipment Repair & Maint Public Safety Communications
330 Waste Disposal City Hall (City Cost)
325 Operating Supplies Police Sworn
324 Repair & Maint. Supplies City Center - CAM
315 Prepaid Expenses General Fund
305 Prepaid Expenses General Fund
300 Prepaid Expenses General Fund
300 Dues & Subscriptions Utility Operations - General
300 Other Contracted Services Den Road Liquor Store
297 Capital Under $25,000 Fitness Classes
294 Conference/Training Street Maintenance
290 Video & Photo Supplies Fire
262 Repair & Maint. Supplies Police (City Cost)
250 Equipment Repair & Maint Fire
242 Repair & Maint. Supplies Utility Operations - General
241 Operating Supplies Fire
241 Equipment Parts Fleet Operating
240 Training Supplies Fire
240 Miscellaneous City Council
225 Conference/Training IT Operating
220 Prepaid Expenses General Fund
220 Employee Award Internal Events
219 Dues & Subscriptions Human Resources
215 Operating Supplies Police Sworn
210 Miscellaneous City Council
200 Prepaid Expenses General Fund
200 Conference/Training Youth Programs Admin
197 Repair & Maint. Supplies Water Treatment
195 Tuition Reimbursement/School Police Sworn
193 Capital Under $25,000 Fitness Classes
177 Operating Supplies Fire
177 Operating Supplies Fire
171 Operating Supplies Fitness Classes
166 Protective Clothing Fire
165 Prepaid Expenses General Fund
160 Operating Supplies Police Sworn
159 Waste Disposal City Hall (City Cost)
150 Small Tools Fire
148 Operating Supplies IT Operating
146 Operating Supplies Community Center Admin
145 Training Supplies Police Sworn
145 Training Supplies Police Sworn
143 Miscellaneous Elections
Amount Account Description Business Unit
143 Canine Supplies Police Sworn
137 EMS Supplies Fire
135 Operating Supplies Fire
129 EMS Supplies Fire
129 Computers IT Operating
129 Operating Supplies Volunteers
126 EMS Supplies Fire
119 Other Contracted Services Communications
117 Operating Supplies Skating Rinks/Warming Houses
116 Computers IT Operating
108 Repair & Maint. Supplies Water Treatment
106 Software/Hardware Maint.IT Operating
105 Prepaid Expenses General Fund
102 Conference/Training Senior Center Admin
101 Building Materials Riley Lake
100 Licenses, Taxes, Fees Fitness Classes
100 Licenses, Taxes, Fees Engineering
99 Conference/Training Senior Center Admin
98 Operating Supplies Fire
97 Small Tools Facilities Staff
95 Software/Hardware Maint.IT Operating
93 Canine Supplies Police Sworn
89 Software/Hardware Maint.Fire
89 Operating Supplies Park Maintenance
89 Repair & Maint. Supplies Utility Operations - General
87 Operating Supplies Fire
85 Cleaning Supplies Police (City Cost)
85 Tuition Reimbursement/School Police Sworn
85 Small Tools Fire
83 Employee Award Internal Events
82 Operating Supplies Police Sworn
82 Equipment Repair & Maint Fire
81 Training Fire
77 Operating Supplies Arts Center
76 Repair & Maint. Supplies Facilities Staff
75 Operating Supplies Park Maintenance
75 Operating Supplies Skating Rinks/Warming Houses
74 Software/Hardware Maint.Fire
73 Deposits General Fund
72 Operating Supplies Fire
68 Operating Supplies Fire
68 Operating Supplies Fire
66 Small Tools Fleet Operating
66 Operating Supplies Outdoor Center
63 Operating Supplies Police Sworn
Amount Account Description Business Unit
60 Conference/Training Street Maintenance
60 Training Fire
54 Miscellaneous City Council
54 Computers IT Operating
53 Office Supplies Fire
52 Training Supplies Police Sworn
52 Operating Supplies Special Events & Trips
50 Tuition Reimbursement/School Police Sworn
49 Operating Supplies Park Maintenance
49 Dues & Subscriptions Community Development Admin.
49 Operating Supplies Outdoor Center
46 Operating Supplies Arts Center
44 Safety Supplies Utility Operations - General
43 Operating Supplies Arts Center
42 Bank and Service Charges Customer Service
42 Operating Supplies IT Operating
42 Operating Supplies Arts Center
42 Repair & Maint. Supplies Utility Operations - General
41 Operating Supplies Arts Center
41 Operating Supplies New Adaptive
40 Operating Supplies Arts Center
39 Conference/Training Assessing
39 Office Supplies Police Sworn
39 Operating Supplies Fire
38 Operating Supplies Special Events & Trips
38 Operating Supplies Arts Center
37 EMS Supplies Fire
36 Operating Supplies Fire
36 Training Fire
35 Operating Supplies Outdoor Center
35 Operating Supplies Outdoor Center
35 Operating Supplies Volunteers
34 Operating Supplies Arts Center
34 Operating Supplies Arts Center
33 Training Supplies Police Sworn
33 Safety Supplies Park Maintenance
32 Operating Supplies Outdoor Center
32 Operating Supplies IT Operating
31 Repair & Maint. Supplies Ice Arena Maintenance
30 Training Supplies Police Sworn
30 Office Supplies Utility Operations - General
30 EMS Supplies Fire
28 Operating Supplies Fitness Admin.
27 Postage Utility Operations - General
27 Small Tools Street Maintenance
Amount Account Description Business Unit
27 Operating Supplies Arts Center
27 Operating Supplies Community Center Admin
26 Operating Supplies Park Maintenance
24 Employee Award Organizational Services
24 Operating Supplies Outdoor Center
24 Operating Supplies Fire
23 Operating Supplies Outdoor Center
23 Operating Supplies Community Center Admin
23 Operating Supplies Police Sworn
21 Operating Supplies Arts Center
21 Repair & Maint. Supplies Wasterwater Collection
21 Operating Supplies Arts Center
21 Operating Supplies Community Center Admin
21 Operating Supplies Arts Center
20 Training Fire
20 Training Fire
20 Operating Supplies Fitness Admin.
20 Software/Hardware Maint.IT Operating
20 Operating Supplies IT Operating
19 Operating Supplies Outdoor Center
18 Operating Supplies Arts Center
17 Operating Supplies Police Sworn
17 Training Fire
16 Operating Supplies Prairie View Liquor Store
16 Operating Supplies Pool Operations
16 Other Contracted Services Organizational Services
16 Dues & Subscriptions Housing and Community Service
16 Operating Supplies Fire
15 Operating Supplies Special Events & Trips
15 Software IT Operating
15 Operating Supplies Pool Lessons
15 Operating Supplies Arts Center
14 Operating Supplies Volunteers
14 Repair & Maint. Supplies Water Treatment
13 Safety Supplies Utility Operations - General
13 Operating Supplies Youth Programs Admin
12 Safety Supplies Park Maintenance
12 Repair & Maint. Supplies Park Maintenance
12 Repair & Maint. Supplies City Hall (City Cost)
12 Operating Supplies Outdoor Center
12 Operating Supplies Fitness Admin.
11 Software IT Operating
10 Repair & Maint. Supplies Pool Maintenance
10 Operating Supplies Outdoor Center
10 Operating Supplies Pool Lessons
Amount Account Description Business Unit
10 Operating Supplies Community Center Admin
10 Landscape Materials/Supp Street Maintenance
10 EMS Supplies Fire
9 Operating Supplies Pool Lessons
9 Operating Supplies Arts Center
9 Operating Supplies Fire
9 Operating Supplies Emergency Management
9 Software IT Operating
8 Operating Supplies Special Events & Trips
7 Operating Supplies Arts Center
7 Repair & Maint. Supplies Wasterwater Collection
6 Office Supplies Police Sworn
6 Operating Supplies Community Center Admin
5 Operating Supplies Arts Center
5 Postage Fleet Operating
4 Dues & Subscriptions Police Sworn
4 Operating Supplies New Adaptive
3 Operating Supplies Specialty Fitness Programs
3 Operating Supplies Specialty Fitness Programs
2 Software IT Operating
1 Operating Supplies Community Center Admin
-3 Software IT Operating
-6 Operating Supplies Community Center Admin
-7 Small Tools Fire
-13 Deposits General Fund
-38 Operating Supplies Arts Center
-70 Deposits General Fund
-175 Operating Supplies Police Sworn
-420 Operating Supplies Fire
-750 Tuition Reimbursement/School Police Sworn
-3,438 Other Revenue General Fund
56,941 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
January 19, 2021
DEPARTMENT / DIVISION:
City Attorney
Maggie Neuville
ITEM DESCRIPTION:
First Reading of an Ordinance Amending City Code Chapter 5, Section 5.40, Relating to Gambling
ITEM NO.:
XI.A.
Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Chapter 5, Section 5.40, Relating to Gambling Synopsis The City was recently approached by the Eden Prairie Hockey Association (EPHA) regarding the City’s regulations on lawful gambling. EPHA would like to sell pull-tabs at one or more bars or restaurants in the City as a fundraising effort to help reduce the cost of fees, equipment, ice time, and other expenses for EPHA participants. Under state law, EPHA must obtain both an organizational license and a
premises permit for each site from the statewide Gambling Control Board. A premises permit requires
the approval of the local government in which the proposed site is located. The City’s gambling regulations are contained in City Code Section 5.40. Currently, the Code states that any organization that conducts lawful gambling in the City must own the site at which the gambling is
conducted. This is more stringent than state law, which allows an organization to either own or lease a
site. EPHA will not own any of the sites at which it proposes to sell pull-tabs, so a Code amendment is required to allow the Council to approve a premises permit for a leased site. At the Council Workshop on January 5, 2021, the Council directed staff to prepare such an amendment.
The attached ordinance removes the ownership requirement and will allow the Council to approve a
premises permit for EPHA or any other organization wishing to conduct lawful gambling in the City that meets all other state licensing requirements. The ordinance still provides a limit on the number of sites at which lawful gambling can be conducted in the City and prohibits more than one organization from conducing gambling at a single site. The ordinance includes other non-substantive and housekeeping-
type revisions that account for changes in state law that have occurred since the section was last revised
in 1994. Attachment Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.40 RELATING TO GAMBLING AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5, Section 5.40, is hereby deleted in its entirety and replaced with
the following:
SECTION 5.40. - GAMBLING.
Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of Minnesota Statutes Chapter 349.
Subd. 2. Definitions. For the purposes of this section the terms used herein shall have the
meanings defined or as used in Minnesota Statutes Chapter 349.
Subd. 3. Prohibition. There shall be no gambling in the City except in accordance with the provisions of this section and the provisions of Minnesota Statutes Chapter 349 and rules adopted pursuant thereto. No organization may conduct lawful gambling in the City unless such organization is in full compliance with the licensing and permitting requirements of Minnesota
Statutes Chapter 349.
Subd. 4. Exceptions. The provisions of this section shall not apply to the limited gambling activities described in Minnesota Statutes Section 349.166 provided there is compliance with all conditions imposed by that section and the rules and regulations of the Board relating thereto.
Subd. 5. Approval by Council. All forms of lawful gambling authorized by Minnesota Statutes
Chapter 349 may be approved by the Council for conduct within the City subject to the
provisions of this this Section and other applicable law.
Subd. 6. Application for Approval of Premises Permit. An organization seeking to obtain the City’s approval of a premises permit from the Gambling Control Board (“Board”) shall file with the Police Department an executed, complete duplicate application, together with all exhibits and
documents accompanying the application as filed with the Board, as well as a certification of the
date the application was filed with the Board. The application and accompanying exhibits and documents shall be filed in the Police Department not later than three (3) days after they have been filed with the Board. After review of the application and consideration of the conditions of
Subdivision 7, the Chief of Police shall recommend approval or disapproval of the premises
permit to the Council. The Council shall approve or disapprove the premises permit by resolution
within ninety (90) days of the date the application was filed with the Board.
Subd. 7. Conditions. A premises permit shall be disapproved if the issuing thereof would result in a violation of any of the following conditions:
A. Lawful gambling shall be limited to four (4) premises within the City, plus one (1) premise for each ten thousand (10,000) persons residing therein in excess of forty thousand
(40,000).
B. No more than one (1) premises permit will be approved for the conduct of lawful gambling on any single premises.
Subd. 8. Tax.
A. There is hereby imposed a tax on all lawful gambling conducted in the City by licensed
organizations
B. An organization’s receipts from lawful gambling that is exempt from licensing under Minnesota Statutes Section 349.166 are not subject to the tax imposed by this subdivision.
C. The tax is one percent (1%) of the gross receipts of a licensed organization from lawful gambling less prizes actually paid out.
D. The tax imposed by this subdivision shall be paid by the organization on a monthly basis and shall be reported on a copy of the gambling tax return filed with the Board each month. The report shall be an exact duplicate of the report filed with the Board without deletions or additions and must contain the signatures of organization officials as required on the report form.
E. The tax return and payment of the tax due must be postmarked or, if hand-delivered, received in the office of the City Finance Director on or before the last business day of the month following the month for which the report is made.
An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Delays in mailing, mail pickups, and postmarking are
the responsibility of the organization.
The tax return and tax payment shall be delivered to:
Finance Director 8080 Mitchell Road Eden Prairie, MN 55344-2230
There shall be an interest charge of eight percent (8%) on all overdue taxes owed by an organization under this section.
F. The Council shall disapprove any application for issuance or renewal of a premises permit
for any organization that owes delinquent taxes to the City. Further, the Finance Director
may notify the Board of any organization owing delinquent gambling taxes to the City and may request that the Board revoke or suspend the organization’s license or premises permit. The Council shall not approve, issue, or renew any on-sale or off-sale alcoholic beverage license or consumption and display permit to any organization which owes delinquent
gambling taxes to the City. The above remedies are not exclusive and shall be in addition
to any other powers and remedies provided by law.
Subd. 9. Expenditures for Lawful Purposes.
A. Each licensed organization must contribute ten percent (10%) per year of its net profits derived from lawful gambling conducted at premises within the City to a fund administered
and regulated by the City, without cost to the fund, for disbursement by the City for lawful
purposes.
B. Each licensed organization conducting lawful gambling within the City must expend at least thirty percent (30%) of its expenditures for lawful purposes on lawful purposes conducted or located within the City’s trade area. The thirty percent (30%) of its
expenditures shall be in addition to the ten percent (10%) of its net profits contributed to
the City pursuant to Subdivision 9.A. The City’s trade area is hereby defined to be the geographical limits of the City and the geographical limits of each City contiguous to the City to-wit: the cities of Bloomington, Edina, Minnetonka, Chanhassen, Shakopee, and Savage, Minnesota.
Subd. 10. Records and Reports.
A. Organizations licensed by the Board and conducting lawful gambling within the City shall file with the City’s Finance Director one (1) copy of all records and reports required to be filed with the Board pursuant to Minnesota Statutes Chapter 349. Such records and reports shall be filed on or before the day they are required to be filed with the Board.
B. Every gambling occasion in the City conducted by an organization shall be open to
inspection by the City’s police officers and other employees.
C. The City’s police officers and employees may inspect at any reasonable time without notice or search warrant all records of a licensed organization including gambling accounts and other bank records required by the Board to be maintained and preserved.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after the date of its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day
of January, 2021, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the _____ day of ________________, 2021.
_________________________________ _________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
Published in the Eden Prairie News on the ____ day of ______________, 20.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 19, 2021
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the I-494 Corridor Commission
ITEM NO.:
XIII.A.
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 19, 2021
DEPARTMENT/DIVISION:
Administration
ITEM DESCRIPTION: Appointment to the Southwest Transit
Commission
ITEM NO.:
XIII.B.
Requested Action Move to: Appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative to complete the two-year term ending December 31, 2021.
Synopsis The two-year term ending on December 31, 2021 was previously held by Council Member Aho.
CITY COUNCIL AGENDA
SECTION: Report of Parks and Recreation Director
DATE:
January 19, 2021
DEPARTMENT/DIVISION:
Jay Lotthammer, Parks and Recreation Director
ITEM DESCRIPTION:
Professional Services Agreement with ISG for Construction Document Development for the Riley Lake Park Playground Project
ITEM NO.:
XIV.D.1.
Motion
Move to: Approve the Standard Agreement for Professional Services with ISG, Inc. for Design and Construction Document Development for Riley Lake Park Playground at a cost not to exceed $46,200.00. Synopsis Staff recommends entering into a professional services agreement with ISG, Inc. for
development of design and construction documents for improvements to Riley Lake Park Playground. The proposed project is scheduled in the Capital Improvement Program for 2021. Background In 2017, the City completed a renovation project for the boat launch and beach area at Riley Lake Park. At the time of this project, the play equipment in the playground was in relatively good condition and it was decided to leave this area of the park out of the renovation project. The play equipment has now reached its useful life and staff recently hired ISG, Inc. to develop a master plan for this area for better use of this space and improve circulation into the recently renovated portion of the park. This master plan was presented to the Parks, Recreation and Natural Resources Commission where we received some great feedback and it was recommended that staff move forward with the design. Staff is recommending the Council approves entering into an agreement with ISG to continue this project. ISG, Inc. has performed similar work for area parks and staff feels very comfortable recommending them for this project. Recommendation The proposal from ISG, Inc. is in line with our estimate and staff recommends approval of this contract. Attachment
Standard Agreement for Professional Services
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 19th 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 ISG, Inc. (“Consultant”), a Minnesota Corporation (hereinafter
"Consultant") whose business address is 6465 Wayzata Blvd Suite 970, Minneapolis, MN 55426.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Consultant for Construction Document Development for Riley Lake Park Playground
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are
declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from January 19, 2021 through bidding for
the project, the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $46,200.00 for the services as described in
Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the City.
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c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
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b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: “I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries,
loss, or damages proximately caused by Consultant's breach of this standard of care.
Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of
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payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
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Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The
Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
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k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then
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the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request
for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated
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settlement agreement, which agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
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23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such
change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
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b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in
performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
Mayor _________________________________________ City Manager
CONSULTANT
By: Its:
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Exhibit A Scope of Work
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