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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. Page 2 of 12 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 12 2017 06 01 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 Page 4 of 12 2017 06 01 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 Page 5 of 12 2017 06 01 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. Page 6 of 12 2017 06 01 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 Page 7 of 12 2017 06 01 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 Page 8 of 12 2017 06 01 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. Page 9 of 12 2017 06 01 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. Page 10 of 12 2017 06 01 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: Page 11 of 12 2017 06 01 Exhibit A Scope of Work Page 12 of 12 2017 06 01