HomeMy WebLinkAboutCity Council - 01/04/2022 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 4, 2022 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 Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30)
I. EDEN PRAIRIE STATE DELEGATION WITH SENATOR CWODZINSKI,
REPRESENTATIVE KOTYZA-WITTHUHN, AND REPRESENTATIVE PRYOR
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. STEVE WAGNER – CREEKWOOD PARK TREE REMOVAL AND BASKETBALL COURT CAPACITY
III. ADJOURNMENT
MLC 2022 LEGISLATIVE PLATFORM – DRAFT
Housing and Home Ownership
Housing is a top priority for MLC cities, particularly in supporting affordable home ownership
for low to moderate income residents. Increasing access to home ownership for black,
indigenous, and people of color is a high priority for our Association.
A variety of housing options within each of our cities is very important, however MLC is
focusing its efforts on access to moderately priced starter homes, which will enhance the ability
of Minnesotans to achieve inter-generational wealth growth via homeownership. Specifically,
supporting initiatives and funding to secure and maintain existing housing stock (NOAH) as well
as find ways to incentivize builders to bring affordable housing options to our cities.
Opportunities for affordable home ownership continue to be a challenge in our communities
for a number of reasons, especially as the real estate market has transformed the housing
industry and builders are now focusing on single-family and townhomes with more square
footage and higher quality amenities than previously, which drive up the cost of housing
transactions. In addition to the changes driven by the market, Minnesota faces a variety of
challenges including an underproduction of new home construction for the past 10 years, the
high cost and scarcity of land, building materials, and labor, the exceptionally active real estate
market, institutional investors purchasing existing homes with significant conversion to rental
as well as other market forces. In order to address this challenge, a variety of housing solutions
will be necessary to provide more affordable home ownership opportunities including
significant State investments.
Below are some potential solutions that MLC supports to increase access to affordable home
ownership:
I) Support for Affordable Home Ownership – Defined as buyers making
80% AMI and spending no more than 30% of their income on housing.
a. Restructure the Minnesota Housing Finance Agency’s existing first-time homebuyer
programs in a manner that offers a larger per unit financial investment, thereby
eliminating or reducing the impacts of PMI or MIP (Private Mortgage
Insurance/Mortgage Insurance Premium)
b. Incentivize production of affordable homes by:
i. Supporting a state tax exemption/credit
ii. Supporting a state program to waive city fees for production of affordable
homes (based on the definition of affordability) Waived fees by cities would
be reimbursed through state program to avoid passing on costs to existing tax
payers.
c. Increase state funding for community land trusts
d. Support financing opportunities for BIPOC first-time home-buyers
II) Collaboratively address statewide housing cost drivers
a. Streamline state building codes and determine if existing codes create competitive
advantages for neighboring states
b. Eliminate duplication and redundancy between the agencies involved in the storm
water/environmental permitting process
III) Preserve existing affordable homes
a. Support NOAH preservation grants
b. Continued investment in housing infrastructure bonds.
c. Expand NOAH Preservation programs to include townhome and condominium
ownership
IV) Preserve local autonomy and community characteristics
a. Support city authority to protect existing tax payers and recover costs associated with
development activity including street infrastructure
b. Preserve local government authority for land use decisions-zoning and regulatory
controls
c. Recognize benefits of having a diverse collection of communities that provide choices
across the housing spectrum
Infrastructure and Transportation Investments
According to census data, MLC cities combined are among the biggest job producing areas in
the state with over half a million employees (619,470) compared to Minneapolis/St. Paul with a
combined total of 518,637. Along with those jobs comes added congestion and demand on
transit and roads in MLC Cities. MLC supports increased, regionally balanced, investment in
transportation and infrastructure to maintain and grow a robust transportation network.
Specific policies and programs supported by MLC include:
a. Increased investments in Corridors of Commerce
b. Increased investments in Transportation Economic Development
c. Passage of a robust, regionally balanced bonding bill that includes significant
investment in suburban communities.
d. Full funding of required state match so that Minnesota can take advantage of
increased federal investments in infrastructure.
e. Flexibility for cities to impose infrastructure fees so the costs of new development
aren’t shifted onto existing taxpayers.
Workforce Support and Economic Expansion
As the Governor’s Council on Economic Expansion recently noted, housing and workforce issues
are closely related. MLC supports the Council’s recommendations on Housing and on increased
investments in economic development.
Specific policies and programs supported by MLC include:
a. Increased investment in the Minnesota Investment Fund (MIF)
b. Increased investment in the Job Creation Fund (JCF)
c. Partnership and coordination at the local, state and federal level to maximize federal
investments in economic development
d. Support the recommendations of the Governor’s Council on Economic Expansion,
especially investments that help all-levels of government support businesses and
innovation in their communities.
Tax Policy and Local Issues
MLC supports local control, including in the areas of taxes and fiscal policy. MLC supports
policies that promote greater stability and predictability in the fiscal relationship between the
state and local units of government.
Specific policies and programs supported by MLC include:
a. Simplifying the process for a sales tax exemption on construction materials for cities,
counties, school districts and other local governments.
b. Preserve the integrity of the Fiscal Disparities Program by not removing revenue from
the pool to pay for one-off legislative priorities.
c. Support Repeal of the Local Government Salary Cap
For questions about the MLC’s Legislative Program, please contact:
• Tom Poul tpoul@messerlikramer.com
• Katy Sen ksen@messerlikramer.com
• Shiloh Huddleson slarson@messerlikramer.com
A special thanks to our Legislative Program Subcommittee members:
Bill Droste, Mayor, Rosemount
Dave Callister, City Manager, Plymouth
Doug Anderson, Mayor, Lakeville
Jamie Verbrugge, City Manager, Bloomington
Jason Wedel, City Manager, Prior Lake
Jim Hovland, Mayor, Edina (MLC Chair)
Kirt Briggs, Mayor, Prior Lake
Mike Funk, City Manager, Minnetonka
Mike Maguire Mayor, Eagan
Justin Miller City Administrator, Lakeville
Rick Getschow City Manager, Eden Prairie (MLC Vice Chair)
Terry Schwerm City Manager, Shoreview
Tom Lawell City Administrator, Apple Valley
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 4, 2022 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Dan Gregerson
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $250 FROM FLAGSTONE SENIOR LIVING COMMUNITY FOR VARIOUS SPECIAL EVENTS (Resolution)
B. ACCCEPT DONATION OF $1,000 FROM J.A. PRICE AGENCY FOR JULY 3RD AND 4TH HOMETOWN CELEBRATION (Resolution)
C. ACCEPT DONATION OF $1,500 FROM LIONS TAP FOR VARIOUS SPECIAL EVENTS (Resolution)
D. ACCCEPT DONATION OF $300 FROM PRAIRIE BLUFFS SENIOR LIVING FOR VARIOUS SPECIAL EVENTS (Resolution)
E. CITY OF EDEN PRAIRIE RACE EQUITY REPORT
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 7, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
CITY COUNCIL AGENDA January 4, 2022 Page 2
B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES
FOR CITY BOARDS AND COMMISSIONS FOR 2022 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE
E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION DESIGNATING DEPOSITORY
G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. AUTHORIZE THE FINANCING OF 109 SETS OF PROTECTIVE EQUIPMENT (TURNOUT GEAR) AND THE EXECUTION OF THE REQUIRED DOCUMENTS
J. ADOPT RESOLUTION APPROVING AND RATIFYING THE EXECUTION OF, AND PARTICIPATION IN, THE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND THE NATIONAL OPIOID SETTLEMENTS
K. AUTHORIZE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AS A CONDITION OF A GRANT
AGREEMENT FOR ROUND LAKE PARK
L. AUTHORIZE AGREEMENT WITH MICHAEL MCGLAUGHLIN FOR
THE CONSTRUCTION AND INSTALLATION OF A PUBLIC ART SCULPTURE AT ELEVATE
M. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS
N. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN
AIRPORTS COMMISSION FOR COMMUNITY GARDEN PLOTS
O. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND
MATT’S AUTO SERVICE FOR 2022
CITY COUNCIL AGENDA January 4, 2022 Page 3
P. APPROVE PURCHASE OF LARGE TRUCK LIFT FROM VEHICLE
SERVICE GROUP, LLC
Q. APPROVE THE COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY FOR THE EDEN PRAIRIE ROAD PEDESTRIAN CROSSING IMPROVEMENTS
R. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City of
Eden Prairie. Approve Second Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gas Stations within the Neighborhood Commercial Zoning District and Adopt Resolution Approving Summary Ordinance (Ordinance, Resolution)
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution)
B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2022 AND APPOINT ACTING MAYOR (Resolution)
C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution)
D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution)
E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES
F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
H. APPOINTMENT TO I-494 CORRIDOR COMMISSION
I. APPOINTMENT OF ASSISTANT WEED INSPECTOR
J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution)
K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
CITY COUNCIL AGENDA January 4, 2022 Page 4
L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS
STEERING COMMITTEE
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
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: December 30, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 4, 2022
___________________________________________________________________________________________
TUESDAY, JANUARY 4, 2022 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. 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. ACCEPT DONATION OF $250 FROM FLAGSTONE SENIOR LIVING COMMUNITY FOR VARIOUS SPECIAL EVENTS (Resolution)
Synopsis: Donations such as this allow the City to offer special events at low or no
cost to residents.
MOTION: Move to adopt the Resolution accepting the donation of $250 from Flagstone Senior Living Community for various special events.
B. ACCCEPT DONATION OF $1,000 FROM J.A. PRICE AGENCY FOR JULY 3RD AND 4TH HOMETOWN CELEBRATION (Resolution)
Synopsis: This donation will help continue this free special event, which is offering
even more free activities for the community in 2022 with July 3rd dedicated to families and children and July 4th hosting music, food, and fireworks.
MOTION: Move to adopt the Resolution accepting the donation of $1,000 from J.A. Price Agency for the July 3rd and 4th Hometown Celebration. C. ACCEPT DONATION OF $1,500 FROM LIONS TAP FOR VARIOUS SPECIAL EVENTS (Resolution)
CITY COUNCIL AGENDA January 4, 2022
Page 2
Synopsis: Donations such as this allow the City to offer special events at low or no cost to residents.
MOTION: Move to adopt the Resolution accepting the donation of
$1,500 from Lions Tap for various special events.
D. ACCCEPT DONATION OF $300 FROM PRAIRIE BLUFFS SENIOR LIVING FOR VARIOUS SPECIAL EVENTS (Resolution)
Synopsis: Donations such as this allow the City to offer special events at low or no cost to residents.
MOTION: Move to adopt the Resolution accepting the donation of
$300 from Prairie Bluffs Senior Living for various special events.
E. CITY OF EDEN PRAIRIE RACE EQUITY REPORT
Synopsis: Having completed its meetings and community outreach, the Human Rights and Diversity Commission has produced a comprehensive written report for
the City Council’s consideration. Commissioners will provide a brief presentation of the report and ask that Council accept the report and support implementation of the recommendations within it.
MOTION: Move to accept the Eden Prairie Race Equity Report that
contains the Human Rights and Diversity’s recommendations to the City Council.
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, DECEMBER 7, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-R on the Consent Calendar.
A. CLERK’S LIST
CITY COUNCIL AGENDA January 4, 2022
Page 3
B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2022 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS
F. ADOPT RESOLUTION DESIGNATING DEPOSITORY G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. AUTHORIZE THE FINANCING OF 109 SETS OF PROTECTIVE EQUIPMENT (TURNOUT GEAR) AND THE EXECUTION OF THE REQUIRED DOCUMENTS
J. ADOPT RESOLUTION APPROVING AND RATIFYING THE EXECUTION OF, AND PARTICIPATION IN, THE MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF MINNESOTA AND LOCAL
GOVERNMENTS AND THE NATIONAL OPIOID SETTLEMENTS
K. AUTHORIZE DECLARATION FOR PROPERTY RESTRICTION FOR ROUND LAKE PARK AS A CONDITION OF A GRANT AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
L. AUTHORIZE AGREEMENT WITH MICHAEL MCGLAUGHLIN FOR
THE CONSTRUCTION AND INSTALLATION OF A PUBLIC ART SCULPTURE AT ELEVATE
M. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS
N. AUTHORIZE A ONE YEAR LEASE WITH THE METROPOLITAN AIRPORTS COMMISSION FOR COMMUNITY GARDEN PLOTS
O. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND
MATT’S AUTO SERVICE FOR 2022
CITY COUNCIL AGENDA January 4, 2022
Page 4
P. APPROVE PURCHASE OF LARGE TRUCK LIFT FROM VEHICLE SERVICE GROUP, LLC
Q. APPROVE THE COOPERATIVE AGREEMENT WITH HENNEPIN
COUNTY FOR THE EDEN PRAIRIE ROAD PEDESTRIAN CROSSING IMPROVEMENTS
R. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City of
Eden Prairie. Approve Second Reading of an Ordinance to Amend City Code Chapter 11 Relating to Gas Stations within the Neighborhood Commercial Zoning District and Adopt Resolution Approving Summary Ordinance (Ordinance, Resolution)
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution)
Synopsis: This designation is required on an annual basis. Since the Eden Prairie News published their final newspaper in April 2020, the
Eden Prairie Sun Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. MOTION: Move to adopt the Resolution designating the Eden Prairie
Sun Sailor as the official City newspaper for the year 2022. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2022 AND APPOINT ACTING MAYOR (Resolution)
Synopsis: This resolution requires approval on an annual basis. Council Member
Kathy Nelson served as Acting Mayor in 2021.
MOTION: Move to adopt the Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2022 and appointing Council Member ______ as Acting Mayor.
CITY COUNCIL AGENDA January 4, 2022
Page 5
C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution)
Synopsis: This appointment requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2021.
MOTION: Move to adopt the resolution appointing City Council
Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ______ as Secretary for calendar year 2022. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution)
Synopsis: This resolution requires approval on an annual basis.
Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019.
MOTION: Move to adopt the Resolution designating
______________________ as the Director and
_______________________ as the Alternate Director to the Suburban
Rate Authority.
E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES
Synopsis: This appointment is approved on an annual basis. Mayor Case has served
as Delegate since 2019.
MOTION: Move to approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities.
F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION
Synopsis: This appointment is approved on an annual basis. Mayor Case has served since 2019.
MOTION: Move to approve appointment of _________ to the Municipal Legislative Commission.
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
Synopsis: This appointment is approved on an annual basis.
Council Member Freiberg has served on the Southwest Cable Commission since
CITY COUNCIL AGENDA January 4, 2022
Page 6
2019.
MOTION: Move to approve appointment of _________ to the Southwest Cable Commission.
H. APPOINTMENT TO I-494 CORRIDOR COMMISSION
Synopsis: This appointment is approved on an annual basis. Council Member Toomey served on the I-494 Corridor Commission in 2021.
MOTION: Move to approve appointment of _________ to the I-494
Corridor Commission.
I. APPOINTMENT OF ASSISTANT WEED INSPECTOR
Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant
Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances
Under State Statute, the Mayor is the City Weed Inspector and appointment of an
Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties
as required by Minnesota State Statute. Lauren Stufft is the City’s current Forestry Technician in the Parks and Recreation Department.
MOTION: Move to appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie.
J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution)
Synopsis: Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be:
One elected municipal official and one elected or appointed municipal official
who are designated as municipal representatives by the municipal governing board annually
The chief of the municipal fire department
Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the
Fire Relief Association in 2021.
The appointment of the Fire Chief is automatic according to statute.
MOTION: Move to adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association.
CITY COUNCIL AGENDA January 4, 2022
Page 7
K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION
Synopsis: It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2023. Council Member Narayanan held this position in 2021. Council Member Freiberg also is a representative on the board.
MOTION: Move to appoint ________________________ to the
Southwest Transit Board as the Eden Prairie Appointed Representative
for a two-year term to end December 31, 2023.
L. APPOINT ALTERNATE TO SOUTHWEST LRT COMMUNITY WORKS STEERING COMMITTEE
Synopsis: Hennepin County established the Southwest Light Rail Transit (SW
LRT) Community Works Project to formalize and expand early collaborations
across jurisdictions within the SW LRT corridor. A Steering Committee was assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invited the City of Eden Prairie to appoint one elected official and an alternate to this Steering
Committee.
In 2021, Council Member Nelson served as the appointed member and Council Member Toomey served as an alternate member.
MOTION: Move to appoint ______________ to the Southwest LRT Community Works Project Steering Committee and _____________ as an alternate member of the Southwest LRT Community Works Project Steering Committee. 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
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
CITY COUNCIL AGENDA January 4, 2022
Page 8
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Flagstone Senior Living Community to Senior Center events
ITEM NO.:
IV.A.
Requested Action Move to: Adopt Resolution accepting the donation of $250 from Flagstone Senior Living
Community for various special events: Leprechaun Bingo $50 Shredding Event $200
Synopsis Donations such as this allow the City to offer special events at low or no cost to residents.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 to be used towards the Senior Center Leprechaun Bingo ($50) and Shredding Event ($200) from the Flagstone Senior Living Community is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from J.A. Price Agency for Hometown Celebration (July 3rd & 4th)
ITEM NO.:
IV.B.
Requested Action Move to: Adopt Resolution accepting the donation of $1,000 from J.A. Price Agency for
the July 3rd and 4th Hometown Celebration. Synopsis
The Hometown Celebration is an annual event on July 3rd and 4th with games, music,
refreshments, activities and fireworks. Each year approximately 10,000 people gather over the two day event. This donation will help continue this free special event, which is offering even more free
activities for the community in 2022 with July 3rd dedicated to families and children and July 4th
hosting music, food, and fireworks. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $1,000 to be used towards the July 3rd and 4th Hometown Celebration from the J.A. Price Agency is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Lions Tap for Various Special Events
ITEM NO.:
IV.C.
Requested Action Move to: Adopt Resolution accepting the donation of $1,500 from Lions Tap for various
special events. Winter Blast $50 Winter Theater $50
Summer Musical $150
Starring at Staring $100 Spooky Saturday $50 PeopleFest $150 Movies in the Park $50
KidStock $150
Indoor Triathlon $50 Harvest to Halloween $150 Floating Pumpkin Patch $50 Flick ‘n’ Floats $50
Collection of One Acts $50
Arts in the Park $150 Arbor Day Walk $50 Animal Open House $50 July 3rd and 4th $150
Synopsis Donations such as this allow the City to offer special events at low or no cost to residents. The
City’s Special Events occur throughout the year and have something for everyone, from concerts
at Staring Amphitheater to an art fair to movies on water! Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $1,500 to be used towards: Winter Blast $50 Winter Theater $50
Summer Musical $150 Starring at Staring $100 Spooky Saturday $50 PeopleFest $150 Movies in the Park $50
KidStock $150 Indoor Triathlon $50 Harvest to Halloween $150 Floating Pumpkin Patch $50 Flick ‘n’ Floats $50
Collection of One Acts $50 Arts in the Park $150 Arbor Day Walk $50 Animal Open House $50
July 3rd and 4th $150
from the Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
___________________________
Ronald A. Case, Mayor ATTEST:
___________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Prairie Bluffs Senior Living to Senior Center events
ITEM NO.:
IV.D.
Requested Action Move to: Adopt Resolution accepting the donation of $300 from Prairie Bluffs Senior
Living for various special events: Valentines Bingo $50 Valentines Breakfast $250
Synopsis Donations such as this allow the City to offer special events at low or no cost to residents.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $300 to be used towards the Senior Center Valentines Bingo ($50) and Valentines Breakfast ($250) from the Prairie Bluffs Senior Living is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE
January 4, 2022
DEPARTMENT / DIVISION
Julie Klima, Community Development
Megan Yerks, Community Services Coordinator
ITEM DESCRIPTION
Accept the Eden Prairie Race Equity Report
ITEM NO.
IV.E.
Requested Action
Move to: Accept the Eden Prairie Race Equity Report that contains the Human Rights and Diversity’s
recommendations to the City Council. Synopsis
Having completed its meetings and community outreach, the Human Rights and Diversity Commission
has produced a comprehensive written report for the City Council’s consideration. Commissioners will provide a brief presentation of the report and ask that Council accept the report and support implementation of the recommendations within it.
Attachments
Eden Prairie Race Equity Report
Eden Prairie Race Equity Report 1
Eden Prairie Race Equity Report 2
Prepared By
Eden Prairie Human Rights and Diversity Commissioners
Greg Leeper, Chair
Shahram Missaghi, Vice Chair
Asad Aliweyd
Tyler Aman
Sana El Assar
Samuel Griffin
Anjali Limaye
Katherine Lucht
Michael Mullins
Leslie Philmon
Philip Skeie
John Urbanski
Susan Weaver
Student Commissioners: 2020-2021 School Year
Ifrah Edow
Jillian Pearson
Nadiah Johnson
Rashmi Acharya
Sehan Adan
Serena Jain
Student Commissioners: 2021-2022 School Year
Hina Kazama
Keerthana Ramanathan
Salma Awalé
Shubhangi Mohan
Sophie Lunda
Zudaysi Osman
City Staff
Megan Yerks, Staff Liaison to the Human Rights and Diversity Commission
Christine Ruzek, Human Resources Manager
Rick Getschow, City Manager
Consultant
DeYoung Consulting Services
Eden Prairie Race Equity Report 3
Contents
Acknowledgements ................................................................................................................................................... 4
Executive Summary ................................................................................................................................................... 5
Introduction ............................................................................................................................................................ 5
Summary of Overarching Findings: Strengths and Opportunities .......................................................................... 6
Recommendations .................................................................................................................................................. 7
Introduction ............................................................................................................................................................... 9
City Of Eden Prairie Overview ................................................................................................................................ 9
Reading this Report .............................................................................................................................................. 13
Definitions............................................................................................................................................................. 14
Eden Prairie Race Equity Initiative Project Team ................................................................................................. 14
Project Overview .................................................................................................................................................. 16
Methodology ........................................................................................................................................................ 18
Limitations ............................................................................................................................................................ 21
Overarching Findings ............................................................................................................................................... 22
Overall Strengths and Assets ................................................................................................................................ 22
Opportunity Areas ................................................................................................................................................ 23
Recommendations ................................................................................................................................................... 26
Emergency Response ............................................................................................................................................ 26
Facilities and Programs: Accessibility and Culture ............................................................................................... 31
Recruiting, Hiring and Retention .......................................................................................................................... 35
Connection to Community ................................................................................................................................... 38
Community Experience ......................................................................................................................................... 43
Developing Future Leaders ................................................................................................................................... 46
Next Steps ................................................................................................................................................................ 49
Appendix .................................................................................................................................................................. 50
Eden Prairie Race Equity Report 4
Acknowledgements
This report would not have been possible without the support of the Eden
Prairie City Council, City staff and community members.
The Eden Prairie Human Rights and Diversity Commission extends its deepest gratitude to all of
community members that took the time to share their perspective throughout the initiative. There is
power in the voices of our residents and we are honored that our community chose to invest energy in
the success of this project.
Similarly, the commission would like to thank the City Council and City staff that devoted time to
sharing their unique perspectives and partnering on the drafting of recommendations. We look
forward to continued partnership through the implementation of strategies that make Eden Prairie a
more equitable and inclusive community.
Lastly, we would like to thank DeYoung Consulting Services for their close partnership throughout the
initiative. Their expertise and guidance was crucial to the success of this project.
Eden Prairie Race Equity Report 5
Executive Summary
Introduction
Following the murder of George Floyd in May 2020, the Twin Cities metro area became the epicenter
of a national conversation about racism, inequity and justice. The Eden Prairie City Council seized the
opportunity to reflect inward about the experience of residents, particularly residents of color.
Leaning on the expertise of the Eden Prairie Human Rights and Diversity Commission (HRDC), Eden
Prairie City Council directed the HRDC to examine the current experience of residents and generate
recommendations to further equity and inclusion within the City.
The Human Rights and Diversity Commission identified six major areas of inquiry as priorities of focus
for the City. HRDC enlisted the partnership of DeYoung Consulting Services to develop a project
framework, examine each area and create a list of recommendations for presentation to the City
Council.
The HRDC, in partnership with DeYoung Consulting Services, developed the following project
statement:
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.
Areas of Inquiry
The HRDC and City staff determined that the assessment would focus on the following areas of inquiry
(see page 16 for full descriptions):
1. Emergency Response
2. Facilities and Programs: Accessibility and Culture
3. Recruiting, Hiring and Retention
4. Connection to Community
5. Community Experience
6. Developing Future Leaders
Eden Prairie Race Equity Report 6
Methodology
The initiative design focused on gathering information from internal and external stakeholders. The
design included a documentation and literature review, both conducted by DeYoung Consulting
Services. Key internal stakeholders were identified by City staff for participation in individual
interviews or small group discussions. In order to gather feedback from community members, the
Human Rights and Diversity Commission identified key cultural liaisons that assisted the commission in
recruiting a diverse set of residents for participation in World Café conversations. Lastly, the City
administered a survey citywide that resulted in over 800 responses.
Based on the analysis of the information gathered during each step of the initiative, DeYoung
Consulting Services identified a number of strengths and opportunities for growth. Based on
DeYoung’s findings and feedback from City staff, the HRDC created a set of recommendations and
suggested actions for consideration by City Council and staff.
Summary of Overarching Findings: Strengths and Opportunities
Table 1: Overarching Findings: Strengths and Opportunities
Strengths Opportunities
Sense of Safety: Participants consistently
shared that they perceive Eden Prairie as a
safe community.
Appreciation for Involvement of Staff and
Elected Officials: Participants shared
appreciation for the work that elected
officials and staff do to support
community members.
Appreciation of Park System: Participants
shared their appreciation for the beauty
and availability of the City’s park system.
Inconsistent Commitment to Equity: Participants
shared their belief that the City is not serious about
addressing racial disparities. Participants expressed
that the City has given verbal commitments in the past
but that it is often seen as performative.
Experience of BIPOC Residents vs White Residents:
Participants shared a sense of pride that Eden Prairie
offers a level of excellence to residents. However,
disparities began to emerge when considering
disaggregated data.
Lack of Diversity Among City Staff and Leadership:
Internal and external stakeholders shared strong
recognition that the City’s staff and leadership continue
to lack the diversity seen in the broader Eden Prairie
community.
Impact of Socioeconomic Status: Stakeholders spoke
not only of disparities based on racial identity, but also
the impact of a significant wealth gap that exists in
Eden Prairie as an intersectional issue.
Eden Prairie Race Equity Report 7
Recommendations
A summary of the recommendations for each area of inquiry is listed below. Rationale and suggested
actions can be found beginning on page 26.
Emergency Response
1. Culture/De-Escalation Training: Enhance or expand current training for both Police and Fire
personnel. Ensure training occurs frequently so it remains “top of mind”, with a focus on
cultural understanding, de-escalation, and implicit bias.
2. Consider implementation of Police Sub-Beats: Assign officers to be liaisons to specific
geographic areas/neighborhoods (“sub-beats”) to increase mutual understanding and
strengthen relationships. Partner with Fire where appropriate.
3. Explore additional initiatives or programs that support crime prevention and community
building initiatives.
4. Community Gathering & Listening Sessions: Promote relationships, transparency, and trust
though regular public safety gatherings with an emphasis on the BIPOC experience in the City.
Facility and Programs: Accessibility and Culture
1. Diversify the Park and Rec workforce to reflect community make-up.
2. Ensure everyone has equitable access to facilities and programming and are treated with respect
& dignity.
3. Expand diverse and inclusive programming through the City’s facilities, parks and events.
Recruiting, Hiring and Retention
1. Strengthen recruiting and hiring practices to attract a more diverse city workforce.
2. Build upon efforts to enhance, sustain, and foster an inclusive work environment to retain a
diverse city workforce.
3. Enhance professional/career development opportunities, and performance management
processes to support and strengthen a more diverse city workforce.
4. Improve data collection, reporting, and strategic use of data to support the recruitment, hiring,
and retention of a more diverse city workforce.
Connection to Community
1. Communicate Eden Prairie’s commitment to racial equity and celebrate the diversity of our
community with internal and external stakeholders.
2. Track and analyze ongoing community data to determine effectiveness of efforts and
improvements from baseline information.
3. Ensure all limited- and non-English speaking residents have equitable access to city services,
programs, activities & information.
4. Ensure everyone has equitable access to services provided by the City and opportunities for
Eden Prairie Race Equity Report 8
providing input to city leadership.
5. Broaden partnerships to include organizations that have culturally specific communication
channels.
Community Experience
1. Community Events: Devote more resources to promoting block parties and community events
to gather residents of different cultures.
2. Provide additional support and resources to community members and organizations working on
similar diversity, equity and inclusion efforts.
Developing Future Leaders
1. Partner with Eden Prairie Schools to share insights from community outreach sessions and work
towards common goals.
2. Encourage youth employment opportunities with the City of Eden Prairie through internships,
summer employment and career opportunities.
3. Expand youth development program accessibility for underserved youth by reducing barriers to
participation.
4. Identify opportunities to raise the voices of young people in our community. Partner with
young residents to identify ways for them to grow self-advocacy skills and opportunities.
Next Steps
Based on the community feedback gathered throughout this initiative, the Eden Prairie Human Rights and
Diversity Commission (HRDC) has generated a list of recommendations and suggested actions for consideration
by City Council and staff. Following the presentation of the final report to City Council, it will be sent to City staff
for implementation.
City staff will review the recommendations and suggested actions and begin creating plans for
implementation. Staff may find that additional community engagement is needed to develop next steps. The
HRDC will remain engaged with staff to assist in identifying best practices, providing feedback, and facilitation of
additional community engagement as needed.
HRDC will maintain an ongoing advisory role throughout implementation. City staff will provide the HRDC with
an initial implementation plan within 6 months and continue to provide summary reports to the HRDC on a
semi-annual basis.
Eden Prairie Race Equity Report 9
Introduction
City of Eden Prairie Overview
Eden Prairie is located in the southwest part of the Minneapolis–St. Paul metro area providing a
perfect balance of small town feel and big city amenities.
Eden Prairie provides an ideal environment for living well. In addition to attractive residential
neighborhoods and housing options, the City boasts nearly 10,000 acres of land designated for parks
and open spaces, miles of scenic views and a multitude of breathtaking lakes and beaches.
Demographics
Eden Prairie is home to 64,198 residents1. While most residents of Eden Prairie are white, the
community has continued to diversify over time. Looking back to Census data from 1990, 95.92% of
Eden Prairie residents are listed as white alone, non-Latinx. Census data from 2020 shows that white
alone, non-Latinx residents make up 69.64% of Eden Prairie residents while the number of residents
identifying as Asian (13.86%), Black (7.15%), Hispanic/Latino (4.63%) and more than one race (4.16%)
have increased over time. Full data table available in Appendix A.
1 Census 2020
Eden Prairie Race Equity Report 10
Eden Prairie Schools reports an even more racially diverse population of students. Of the 8,606
students enrolled during the 2020-21 school year, 53.9% of students were White followed by Black or
African American (16.1%), Asian (14.6%), Hispanic or Latino (8.8%) and two or more races (6.2%).2
Furthermore, Eden Prairie is home to a large community of foreign-born residents. 17.1% of residents
report that they were not a US citizen or nation at birth3. They remain non-citizens or have achieved
citizenship through the naturalization process. 21% of residents report that they speak a language
other than English at home4
Eden Prairie City Structure
The City of Eden Prairie is a “Plan B” city. This means that
Eden Prairie has a council-manager plan of government
where all policy and legislative decisions are the
responsibility of the City Council.
City Council
Eden Prairie residents are represented by the mayor and
four City Council members. The mayor serves four-year
terms and Council members serve four-year, at-large,
staggered terms. The mayor and each Council member
have one vote apiece. City elections take place in even-
numbered years on Election Day in November.
The Council delegates all administrative duties to a City
Manager. The City Manager is accountable to the Council for the effective administration of City
business in accordance with Council decisions. The City Manager also oversees the day-to-day
administrative duties and hires City staff. In addition, the City manager may be removed by the Council
at any time, subject to the contractual terms of the employment agreement.
City Staff
Eden Prairie's staff members are responsible for executing the mission, vision and policies established
by the City Council. City services are provided by a staff that includes about 275 regular full-time
employees and several hundred regular part-time and seasonal employees.
2 Minnesota Report Card for Eden Prairie School District, MN Department of Education
3 American Communities Survey 2015-2019
4 American Communities Survey 2015-2019
Figure 1 Eden Prairie City Council
Eden Prairie Race Equity Report 11
Eden Prairie Organizational Chart
Eden Prairie's core service operations are divided between six City departments and led by directors
who report to the City Manager. For a more detailed description of the City’s organizational structure,
see Appendix B
The Eden Prairie Promise
The Eden Prairie Promise is our promise to work together to accomplish excellence and provide
outstanding services for the benefit of the community. We do this through carrying out our vision,
mission, values, goals and work plan.
City Council
City Manager
Administration Community
Development Public Works Parks and
Recreation Police Fire
Eden Prairie Race Equity Report 12
City of Eden Prairie Values
The City achieves success by exhibiting our core values, listed below.
COLLABORATION: Establish partnerships and operate collectively.
We develop positive relationships inside and outside our organization. We build teams to create
cohesive systems. We work toward a common goal and consistently find ways to bridge gaps. We care
about people and build meaningful experiences to advance opportunities for all. We share our talents,
skills and knowledge for the greater good.
INNOVATION: Respect the past and plan the future.
We are a learning organization, committed to advancing in a world that is ever-changing. We
encourage initiative to challenge the status quo and continue to improve, while honoring what has
been done before. We progressively seek out innovative trends and pioneer new ideas to implement the
vision of the City. We engage others and utilize feedback to learn, develop and grow.
INTEGRITY: Demonstrate character and honor.
We are honest, ethical and trustworthy. We protect the City’s resources, including property, money and
time. We take responsibility and follow through on our word. We uphold our values and align them
with our goals and priorities.
PERFORMANCE: Drive results and exceed expectations.
We strive to achieve excellence. We are problem solvers. We seek and implement long-term solutions.
We deliver positive and measurable results.
RELATIONSHIPS: Create positive experiences and deliver high-quality services.
We create a welcoming and inclusive atmosphere. We strive to exceed customer expectations with each
unique interaction. We focus on listening and understanding the needs of others. We exhibit positive
attitudes, even when faced with adversity. We embrace diverse perspectives, experiences, lifestyles and
cultures.
City-Wide Goals
To keep ourselves accountable, the City tracks performance measures in the six goal areas listed
below.
COMMUNITY WELL-BEING AND SAFETY
We provide unique and diverse opportunities for the community to live well. We protect and serve our
community by delivering exceptional and community engaging public safety services.
HIGH-QUALITY EFFICIENT SERVICES
We deliver cost-effective, efficient and responsive services to residents and the public.
Eden Prairie Race Equity Report 13
PRESERVED AND BEAUTIFUL ENVIRONMENT
We establish objectives and strategies that support upholding the natural beauty, physical
development and history of the community.
SENSE OF COMMUNITY
We promote a sense of community by providing recreational amenities, programming and events for
the entire community. We focus on inclusive and collaborative community engagement initiatives.
INNOVATIVE AND SUSTAINABLE PRACTICES
We implement initiatives aligned to our strategy to be forward-thinking, progressive and
environmentally conscious.
ECONOMIC VITALITY
We enhance the quality of life in Eden Prairie by sustaining a diverse and prosperous economic base
while supporting business growth and development.
Reading this Report
This report begins with an overview of the City of Eden Prairie and explanation of the methodology
used to conduct the assessment, key players who were included, and the data gathering and analysis
process.
This is followed by a summary of the feedback received from internal and external stakeholders. The
summary is structured to reflect overall strengths and opportunities for growth identified by
participants.
The report concludes with specific recommendations, rationale and suggested actions connected to
each of the six areas of inquiry. These recommendations are based on information gathered during
outreach, document and best practice reviews and based on the knowledge and expertise of DeYoung
Consulting, Human Rights and Diversity Commissioners and City staff.
In most cases, examples of participants’ comments supporting the findings are provided following the
narrative summary. Unless otherwise indicated (one person said this), quotes are representative of
comments made by multiple stakeholders. When possible, an attempt was made to offer data from all
pertinent sources (focus groups, interviews, and best practices and documentation review) before
drawing conclusions.
Quotes (as indicated by quotation marks) are not necessarily verbatim but written to reflect
participants’ words as closely as possible. Some researchers did not record comments in quotation
format, but rather by summary (no quotation marks). Every effort has been made to “blind” the
responses to ensure anonymity.
Eden Prairie Race Equity Report 14
Definitions
Our working definitions of DEI are taken from Racial Equity Tools5:
Diversity includes all the ways in which people differ, encompassing the different characteristics that
make one individual or group different from another. It is all-inclusive and recognizes everyone and
every group as part of the diversity that should be valued. Though the definition of diversity can be
broad, for purposes of this assessment we focused on racial and ethnic diversity.
Racial equity is the condition that would be achieved if one's racial identity no longer predicted, in a
statistical sense, how one fares. When we use the term, we are thinking about racial equity as one part
of racial justice, and thus, we also include work to address root causes of inequities — not just their
manifestation. This includes elimination of policies, practices, attitudes and cultural messages that
reinforce differential outcomes by race or fail to eliminate them.
Inclusion involves authentically bringing traditionally excluded individuals and/or groups into
processes, activities and decision-making/policy-making in a way that shares power.
BIPOC is an acronym that stands for Black, Indigenous, and People of Color6
Eden Prairie Race Equity Initiative Project Team
Eden Prairie Human Rights and Diversity Commission (HRDC)
The Eden Prairie Human Rights and Diversity Commission acts in an advisory capacity to the City on
matters of diversity, civil and human rights, and the Americans with Disabilities Act. Commissioners
are appointed by City Council to serve three-year terms, with exceptions as determined by the City
Council. Commissioners are residents of Eden Prairie that are selected through an application and
interview process that evaluates their lived, professional, or personal experience in the areas of human
rights and diversity.
The Commission’s roles and responsibilities of the commission include, but are not limited to:
• Enlist the cooperation of agencies, organizations and individuals in the community to promote
awareness and appreciation of diversity
• Review and investigate alleged ADA violations submitted to the City via the ADA Grievance
procedures
• Work with community volunteers to promote the City’s Manifesto and provide response and
support to victims of incidents of bias
5 https://www.racialequitytools.org/glossary
6 www.merriam-webster.com
Eden Prairie Race Equity Report 15
The Human Rights and Diversity Commission’s work is guided by the Eden Prairie Manifesto.
Currently, the Eden Prairie Human Rights and Diversity Commission is led by Chair Greg Leeper and
Vice Chair Shahram Missaghi. Eleven additional commissioners currently serve on the Eden Prairie
Human Rights and Diversity Commission. 4-6 Student Commissioners serve 9 month terms from
September-May each year.
Megan Yerks, Community Services Coordinator for the City of Eden Prairie acts as the staff liaison for
the Eden Prairie Human Rights and Diversity Commission.
DeYoung Consulting
The City of Eden Prairie released a request for proposals from organizations interested in supporting
the Eden Prairie Race Equity Initiative. All proposals were reviewed by a review team comprised of City
and Commission leadership. The review team recommended DeYoung Consulting Services and City
Council approved a contract for services.
DeYoung Consulting Services is certified as a minority-owned business by the Midwest Minority
Supplier Development Council (MMSDC). They were awarded the 2010 Supplier of the Year Award by
Eden Prairie Manifesto
That we, as representatives of Eden Prairie businesses, city government, educational and religious
institutions, accept special roles and responsibilities in fostering diversity in our community. We
are dedicated to upholding the rights of every individual in our community to freedom, dignity, and
security regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation,
physical or mental ability, or economic status.
Representing all sectors of Eden Prairie, we publicly declare our intentions:
• To continue the development of a multicultural community which will not tolerate acts of
harassment and intolerance;
• To establish, communicate and encourage community standards that respect diversity; and
• To promote acceptance and respect for individuals in an atmosphere of caring for others.
Adopted by the Eden Prairie City Council on the 18th day of May 1993.
Reaffirmed by the Eden Prairie City Council on the 4th day of January 2000.
Reaffirmed by the Eden Prairie City Council on the 16th day of June 2020.
Dr. Jean L. Harris
Mayor, Eden Prairie
We are and remain intolerant of intolerance.
Eden Prairie Race Equity Report 16
MMSDC for sales growth, quality services and commitment to community. They are a specialized
consulting company providing training, organizational development, evaluation, and outreach and
communications services since 1996. They work with educational, nonprofit, corporate, and public
institutions to ensure that they achieve their outcomes.
Their work is defined by their commitment to key values, including collaboration, rigor, integrity, and
respect. These values translate into work that is done with precision, reliability, and accountability.
City Staff
City staff participated in the initiative by giving feedback during the internal interview phase of the
initiative as well as during the final review of findings and recommendations. Internal participation
was led by a staff leadership team made up of Rick Getschow, City Manager; Christine Ruzek, Human
Resources Manager; and Megan Yerks, Community Services Coordinator/Staff Liaison to the HRDC.
Project Overview
The Eden Prairie Human Rights and Diversity Commission, City staff and DeYoung Consulting began the
initiative by creating the framework below.
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.
Areas of Inquiry
The HRDC and City staff determined that the assessment would focus on the following areas of inquiry:
1. Emergency Response
This area of inquiry includes a review of the policies and practices of emergency response services in
Eden Prairie including police and fire response services. It examines both the intention of emergency
response procedures and the experience of community members as they are implemented. It includes
research into best practices and initiatives to strengthen the partnership between emergency services
and community members.
2. Facility/Program Accessibility and Culture
This area of inquiry focuses on the experience of residents while utilizing public-facing City facilities
Eden Prairie Race Equity Report 17
including City Center, Community Center, Senior Center, Art Center, Outdoor Center, parks and any
other public-facing facility. It explores topics such as accessibility, language supports, diversity of
programs and events, code of conduct expectations for participants and enforcement. It includes input
from the community about their experience with customer-facing staff and leaders and
recommendations about how to ensure that all feel welcome at City facilities.
3. Recruiting, Hiring and Retention
This area of inquiry includes a review of the City’s process for recruiting, hiring and retaining
employees with a focus on diversity and inclusion. It also includes an assessment of the current
professional development that is offered to staff and ways to ensure that all employees have access to
training opportunities that are focused on equity in their area of responsibility. It includes
recommendations that will encourage diversity in hiring. It explores the internal policies that are used
to ensure that employees experience a workplace free of discrimination or are able to report concerns
without fear of retaliation.
4. Connection to Community
This area of inquiry examines the relationship between the City and its residents. It focuses on the
strategies the City uses to communicate information with residents, reviews current communication
plans or makes recommendations about how to ensure that residents are receiving information in a
way that meets their needs. It explores opportunities to build stronger trust with the community
through partnerships with community organizations, neighborhood or resident groups, multifamily
properties, neighboring cities, etc.
5. Community Experience
This area of inquiry focuses on learning about the experiences of Eden Prairie residents from their
perspective. It focuses on how residents of Eden Prairie relate to one another and their experience
with the Eden Prairie community as a whole. It includes conversations about racial disparities that
exist in Eden Prairie and their impact on residents. It identifies strategies for building a community that
provides equitable access to resources and opportunities and actively strives to eradicate institutional
racism in all its forms.
6. Developing Future Leaders
This area of inquiry focuses on strategies that the City can implement to empower youth and young
adults to prepare them as the next generation of leadership. This focuses on equitable access to youth
development opportunities and building career pathways for young residents. It also includes
investigation into the ways that the City can provide additional opportunities for youth to actively
participate in leadership initiatives through advocacy work, internships, educational programs,
volunteer opportunities or partnership with community organizations.
Eden Prairie Race Equity Report 18
Methodology
The research design included both internal and external outreach through document review, best
practice review, individual interviews, focus groups, World Cafes, and an online survey.
Internal Outreach: DeYoung Consulting worked with City staff to identify City staff and leadership to
participate in individual interviews or focus groups. Participants were selected based on their diverse
lived experiences, professional expertise, or positional authority. To review the full Interview
Protocols, see Appendix E, F and G.
Community Outreach: DeYoung Consulting worked with the HRDC to identify community liaisons to
recruit community members for World Café Sessions. Community liaisons were residents selected to
represent a diverse group of Eden Prairie residents. They were selected based on their personal lived
experience, standing within the community and connection to diverse community members.
Community Liaisons and community members all participated in one of a series of World Café
Sessions7. Due to COVID-19 restrictions, all World Café sessions were held virtually. DeYoung also
conducted a virtual World Café Session for commissioners to provide their own feedback. To review
the full World Café protocol, see Appendix H.
Community Organization Outreach: HRDC Commissioners conducted interviews with non-profit
organizations that serve residents of Eden Prairie with a focus on organizations with a diverse client
base and high level of resident contact. Individual protocols were developed for interviews, focus
groups, and World Cafes that centered on the six areas of inquiry. To review the full interview
protocol, see Appendix I.
Equity and Inclusion in Eden Prairie Survey: The City administered an online survey to residents in
August 2020. The survey was designed and administered by the City of Eden Prairie’s civic engagement
platform, Polco. The City of Eden Prairie posted it on the City’s website and invited residents to
participate through various City communications platforms. The City also distributed the survey
through local non-profit organizations that serve Eden Prairie residents. The survey included several
questions to rate the City of Eden Prairie and the experience of residents in the broader Eden Prairie
community in areas of equity and inclusion. Furthermore, respondents had the opportunity to self-
report demographic data as part of the survey which allowed the City to identify areas where
disparities may exist. To review the full summary report and disaggregated data, see Appendix J and K.
7 A World Café session is a structured conversational process for knowledge sharing in which groups of people discuss a
topic at several small tables like those in a café.
Eden Prairie Race Equity Report 19
TABLE 2: Stakeholder Participation
Internal Outreach: City Leadership and Staff
Individual Interviews:
30-60 minute interviews with individual City
staff
19 participants from the following departments:
• City Council
• Administration
• Police
• Fire
Focus Groups:
60-90 minute small group discussion
11 participants were involved in the following focus
groups:
• Front Line Staff
• Diverse Employees
• Police Leadership
External Outreach: Community Members, Non Profit Organizations
World Cafes Sessions
2 hour world café sessions with diverse
groups of residents. Youth focused session
included young residents ages 16-24.
Session One: 9 participants
Session Two: 7 participants
Session Three: 10 participants
Session Four (Youth): 6 participants
Focus Group
Small group discussion
HRDC Commissioner Focus Group: 3 participants
Community Organization Interviews
Interviews with individual organizations that
serve residents of Eden Prairie.
14 participants from 6 community organizations
Equity and Inclusion in Eden Prairie Survey
Online survey conducted in August 2020
812 respondents
Document Review
DeYoung Consulting completed a documentation review of select City policies, procedures and data. 37
Eden Prairie documents were assessed and categorized into three of the six inquiry areas as detailed
below:
• Recruiting, Hiring and Retention (47%): Hiring process, EEO stats and summary, recruitment
partnerships, retention data, trainings, Employee Handbook, HR work plan, employee survey, action
plans relating to employee engagement or Diversity, Equity and Inclusion, performance evaluation, IDI
results, and Race and Equity plan
• Connection to Community (19%): Partnership information, Communications work plan, social media
posts, City website, Equity and Inclusion survey, Eden Prairie Promise, Quality of Life community survey
results
• Police (33%): EPPD Policies, data around use of force and arrests, civilian oversight, training,
response to 21st Century Policing Report, personnel diversity data
Eden Prairie Race Equity Report 20
DeYoung developed the following rating scale for use during the documentation review:
Pre-Emerging and Emerging: At the Pre-Emerging stage, there is not yet a recognition of DEI concepts.
In the Emerging stage, an organization’s DEI efforts are nascent. The organization is beginning to
recognize diversity, inclusion and equity as strategic priorities and is building a city-wide constituency
for the effort. In organizations in an Emerging Stage, representational diversity is low, but awareness
may exist for those who have the greatest proximity to Black, Indigenous, People of Color (BIPOC) and
diverse communities and/or have a vested interest in the work. Awareness of and accountability for
DEI among most leaders is low.
Developing: At this stage, the organization is focused on ensuring the development of its institutional
and individual capacity to sustain the diversity, inclusion and equity effort. In organizations in the
Developing Stage, DEI is developing in multiple areas and varies in complexity. A wide range of growth
and definition takes place as accountability, representation and ownership for DEI develops across the
organization. Efforts begin to transition from being compliant and performative to authentic.
Transforming:
At this stage, an organization has fully institutionalized DEI into the fabric of its institution, and
continues to assess its efforts to ensure progress and sustainability. It is at this point that the
organization has reached its goals, but recognizing the ever-changing environment, it continues to
assess its continuing progress and the sustainability of its achievements. DEI efforts in the
Transforming Stage produce transformative changes internally and in the communities served. Critical
challenges are defined with complexity and faced with dynamic solutions that address sustainability
and targeted goals. Ownership and accountability measures for DEI are felt and understood across the
organization.
To see the full Document Review Summary, see Appendix D.
Best Practices Review
Best practices were drawn from a partial literature review and DeYoung consulting’s prior experience
and expertise. Initially, literature was reviewed for best practices that aligned with three of the six
areas of inquiry: Recruiting, Hiring and Retention; Connection to Community; and Emergency Response
(specifically, police response). The Human Rights and Diversity Commission approved a review
framework for this review, which guided each of the three inquiry areas as follows:
• Recruiting, Hiring and Retention best practice review was framed by HR functions such as
sourcing, training, performance management and employee relations.
• Emergency Response best practice review was reframed as “policing” best practices, as
suggested by HRDC, and was guided by the six pillars of the 2015 Final Report of The President’s
Task Force on 21st Century Policing.
• Connection to Community best practice review was framed around community partnerships
and communication goals and actions, informed in part by King County Equity and Social Justice
Strategic Plan 2016-2022.
Eden Prairie Race Equity Report 21
Toward the end of the project, two additional inquiry areas were added to the best practices review:
Facilities and Programs: Accessibility and Culture and Community Experience.
Data Analysis
Qualitative analysis software was used to code the interview, focus group and listening session notes
by question topics and to draw out common themes. Both inductive and deductive approaches were
used in the analysis. Data was analyzed across all stakeholder groups, as well as for particular themes
that emerged within individual groups.
Limitations
A number of limitations had an impact on the scope and focus of the project:
• Due to COVID restrictions, all stakeholder data gathering opportunities were held virtually, limiting
the number of individuals who could participate in each session. The prioritization of intentional
outreach into communities of color also limited the number of participants because each participant
group needed to be representative of City demographics. These limitations contributed to a small
sample size; where possible, additional support for themes drawn from this data are provided using
existing quantitative data that included larger sample sizes, comparison to best practices, etc.
• Though, overall, the assessment focused on six areas of inquiry, due to a restricted timeline, a desire
to be intentional and prioritization, the document review was limited to three focus areas (Recruiting,
Hiring and Retention; Connection to Community; and Emergency Response).
• Finally, participants all opted in into the project; therefore, we may not have captured viewpoints
from those that chose not to participate, which could be different from those who did.
Eden Prairie Race Equity Report 22
Overarching Findings
Throughout this initiative, DeYoung and HRDC Commissioners connected with City staff and
community members to learn of their lived and professional experience in Eden Prairie. The stories
shared by participants fostered the human element of this initiative as we considered the intention of
Eden Prairie’s policies and procedures as well as the impact that they have on residents. Participant
insights were central in the development of this report and the recommendations contained within it.
Throughout the project, we heard participants express excitement about the existence of the initiative,
one representative of a community organization shared that they “think the City has a big heart and
puts themselves out there, this conversation shows how much they care”. While others expressed
uncertainty of what impact the project could have. One participant shared their thoughts by saying
“There have been multiple conversations with committees but no action. There is no information about
what the committees are getting done”.
DeYoung Consulting noted that participants often spoke with a sense of great pride that Eden Prairie
offers a level of excellence that surpasses other communities and that other cities struggle with issues
that do not affect Eden Prairie. But themes emerged throughout the initiative that gives the clarity of
about work that remains to be done.
Overall Strengths and Assets
DeYoung shared that several clear strengths emerged through analysis of the information gathered.
Sense of Safety
One such strength is the perception that Eden Prairie is a safe community. This sense of safety is one
reason why community members choose to live in the City, and students say they feel safe at school.
When asked to rate the Eden Prairie community on providing a safe and secure environment for
residents of all backgrounds, 77% of respondents gave a rating of “good” or “excellent”.8
Appreciation for Involvement of Staff and Elected Officials
DeYoung noted that another strength that emerged across areas of inquiry was that some elected
officials are especially appreciated by community members. Officials’ public commitments to racial
equity, attempts to acknowledge the need for change and willingness to show up at relevant events
were appreciated. Some participants also expressed appreciation for Council members whom they
perceive as “present” and listening to the community. Representatives from community organizations
shared appreciation for the work that staff do to support community members and their willingness to
work in partnership with community.
8 Eden Prairie Equity and Inclusion Survey, 2020
Eden Prairie Race Equity Report 23
Figure 2 Staring Lake
Appreciation of Park System
DeYoung shared that a third clear asset in Eden Prairie is its park system. There is a strong perception
among community members that Eden Prairie parks are beautiful, well maintained, useful and
appreciated. One community member shared “The parks and the trails are phenomenal. I do a lot of
outdoor stuff around here. And for me, the facilities, the parks… are just second to none”. A Park and
Recreation staff member shared that Eden Prairie was designed so that every resident has a
neighborhood park within half mile of their home. They also noted current initiatives that focus
around making park spaces more accessible. Two Park and Recreation staff members shared that
there is a recent focus on bringing additional opportunities to neighborhoods through their local parks,
such as pop-up splash pads, fitness in the park programs, and specialized programs and equipment for
individuals with disabilities.
Opportunity Areas
While analyzing the data and experiences shared by participants, DeYoung also identified a number of
areas where Eden Prairie has the opportunity for growth.
Inconsistent Commitment to Equity
One theme that DeYoung identified was the perception of participants that the City is not serious
about closing racial disparities. They noted that community members report being given verbal
commitments but that they are often seen as performative. They noted that community members
expressed that they would like to see action from the City and an acknowledgement of blind spots or
shortcomings. DeYoung also found that participants are aware of City staff that implement programs
meant to spark change, but that progress may be impeded when City leadership does not acknowledge
Eden Prairie Race Equity Report 24
the issues at hand. One City employee shared that “a more intangible barrier is our reputation of doing
such a good job and sometimes that leads to complacency in terms of continuing to reach for
improvement. Transparency requires that we justify public spending, and there is not a community-
wide agreement about equality and what the City should be doing.”
Experience of BIPOC Residents vs White residents
DeYoung also noted that participants shared a sense of pride that Eden Prairie offers a level of
excellence that surpasses that of neighboring communities. DeYoung specified that participants
referenced internal workplace culture, services provided by emergency responders and overall
community experience as strengths. This is consistent with data gathered in the aggregated Quality of
Life Survey9.
However, disaggregated data from the 2020 Eden Prairie Equity and Inclusion survey as well as
community input from the World Café sessions shows that this perception of excellence is not
universal. When considering disaggregated data, disparities begin to appear and present opportunities
for further investigation. For example, when asked to rate the City of Eden Prairie (local government)
on treating all residents with respect, 84% of respondents gave a rating of Good or Excellent.
However, only 64% of Black or African American respondents gave a rating of Good or Excellent.
As an example, DeYoung found that most participants gave Eden Prairie emergency services strong
ratings. Many spoke of the timeliness, helpfulness, and politeness they experienced. Participants
reported that police were prompt and friendly and that leadership have been responsive to recent
community events. However, many also spoke of a strained relationship between Eden Prairie Police
and BIPOC communities. When speaking of their personal experience with Eden Prairie Police, one
Somali American resident shared “To be honest, the police do a good job. We’re really thankful. We
only have trouble with them when they recognize the color of skin. I feel that they treat us differently
than they do with a white person.” Participants also noted that regional issues impact residents of
Eden Prairie even if they happen outside of the city. A second community member shared “They don’t
realize that what’s going on in Minneapolis affects us here in Eden Prairie. Are there any resources for
the police to understand our communities and better serve us? I’m not against the police, I just want to
know what they have set up to better understand our community.” Community feedback gathered
throughout the project indicates that further exploration is needed to uncover and address disparities.
Lack of Diversity Among City Staff and Leadership
Another theme identified throughout the analysis of community feedback was the need for City staff
and leaders to be representative of the community which they serve. According to 2020 Census data,
70% of Eden Prairie residents are White. The next largest racial/ethnic groups are Asian (14%), Black or
African American (7%), and Hispanic or Latino (4%). Through analysis of EEO data, DeYoung found that
there was a dramatic increase of new hires at the City of Eden Prairie that identify as BIPOC from 7% in
9 biennial community survey that gathers residents' opinions and suggestions about current and future needs in
the City. Past surveys are available online at www.edenprairie.org/qualityoflife
Eden Prairie Race Equity Report 25
2017 to 20% in 2020.
However, both internal stakeholders and community members shared a strong recognition that the
City’s staff continues to lack diversity and that increased diversification would benefit both staff and
residents. A city staff member explained that “A possible challenge that the City faces is that the
majority of staff members are white-presenting, so it may not come off as inclusive or committed to
employing a diverse workforce. This could consequently result in seeming less attractive to BIPOC
individuals seeking employment at the City.” A representative of a community organization shared that
“[residents] feel outcasted if they don’t see others that look like them”. When speaking about Eden
Prairie Fire Department, one community member shared their concerns, saying “I haven’t seen any
Somali people hired by the fire fighters. Is it because they aren’t allowed? They aren’t applying? There
are a lot of Somali people in our community. I wonder why there aren’t any in the fire department. I
wish our community would be a part of these emergency response departments to represent us.”
Impact of Socioeconomic Status
Lastly, many stakeholders spoke not only of disparities based on racial identity, but also the impact of a
significant wealth gap that exists in Eden Prairie as an intersectional issue. Representatives of
community organizations and community members both spoke of barriers facing low-income
residents. While socioeconomic factors do not impact BIPOC communities exclusively, it is a significant
factor for many residents of color. DeYoung also noted that during conversations with internal
stakeholders, participants often conflated the concept of community partnership with charity work.
DeYoung reports that when asked about ways that BIPOC community members could provide input,
many internal stakeholders spoke of food giveaways or other charity-oriented programs.
Representatives from community organizations also shared barriers that many residents face due to
their socioeconomic status, from difficulty with affordable housing to feeling that their youth were
excluded from opportunities because the families could not afford to participate. Organizations noted
that financial barriers make it difficult for many BIPOC residents to fully participate in opportunities
provided by the City and beyond.
Eden Prairie Race Equity Report 26
Recommendations
Emergency Response
Recommendation #1:
Culture/De-Escalation Training. Enhance or expand current training for both Police and Fire personnel.
Ensure training occurs frequently so it remains “top of mind”, with a focus on cultural understanding,
de-escalation, and implicit bias.
Rationale
According to Census data, the non-white population of Eden Prairie increased from 4.8% of total
population to 30.36% in the past thirty years. The rise in population diversity in Eden Prairie brings
new challenges for emergency response personnel. Those challenges include overcoming language
barriers, understanding diverse cultural practices, and becoming aware of one’s own implicit biases.
This calls for a broad and deep commitment to ongoing training that is specifically designed for the
encounters that emergency service personnel experience in their day-to-day work. It should be noted
that there is regular anti-bias and de-escalation training already required of officers. We are suggesting
more frequent, situation-specific training opportunities to better understand the various communities
in Eden Prairie and prevent/reduce encounters driven by misunderstanding.
Eden Prairie’s 2020 Equity and Inclusion Survey indicates that overall, residents hold the Police and Fire
Departments in Eden Prairie in high regard. However, some members of the BIPOC community feel
targeted, disrespected, and misunderstood by emergency response personnel. When discussing
policing, some interviewees spoke of feelings of intimidation and mistrust.
One external stakeholder said, “[Police] need to de-escalate situations. They need soft skills training to
have conversations with people.” Some internal stakeholders reported that, “there is recognition that
officers could become more knowledgeable about how to address people in a way that builds more
trust and sense of respect (e.g. de-escalation or understanding cultural norms.)”
The Equity and Inclusion Survey also showed that, when asked to rate the EPPD on being welcoming,
respectful of all, and fair to all, white respondents responded with “Good” or Excellent” more
frequently than non-white residents did. The DeYoung group reports that DEI is not prevalent in EPPD
training, nor does it appear to be integrated systemically (although some racial equity best practices
appear in policies).
Many police and fire departments across the country struggle with the complex and on-going
Eden Prairie Race Equity Report 27
challenges that come with serving diverse communities. Enhancing and expanding upon the training
that’s already in place for Eden Prairie Emergency Response personnel will help ensure our community
becomes an even more welcoming place for all residents and continues to build on its reputation as a
safe and desirable place to live.
Suggested Actions
• Continue to explore additional curricula, models, and resources being used in neighboring
communities related to cultural intelligence, crisis intervention, and de-escalation.
• Continue to meet or exceed the training standards set by the MN POST Board (Police). Continue
to implement POST requirements to ensure all EPPD officers receive required training.
• Identify and gather BIPOC community leaders who are willing to partner with the City to attend
and/or teach training sessions. Focus on sharing cultural norms and traditions, basic
communication and language tips, and a two-way exchange of ideas and perspectives.
Recommendation #2:
Consider implementation of Police Sub-Beats. Assign officers to be liaisons to specific geographic
areas/neighborhoods (“sub-beats”) to increase mutual understanding and strengthen relationships.
Partner with Fire where appropriate.
Rationale
A pillar of the Eden Prairie Police Department (EPPD) is
building trust in community. DeYoung noted that EPPD
has adopted a number of practices to build trust with
the community, such as coordination with the Human
Rights and Diversity Commission and community
engagement events. Deyoung reports that
stakeholders noted that there is an opportunity to
continue building on this trust by working to fill
potential gaps in relationships with communities and
neighborhoods. To fill these gaps, community
members have suggested assigning EPPD officers to
specific geographic “sub-beats” in the city. Police sub-
beats would allow EPPD to get to know the residents in
these areas on a more personal level, build
relationships with community members, and increase
communication between police and the community.
When appropriate, these sub-beats would also allow for additional interaction between community
members and other city functions, like fire and medical response services. The type of communication
and personal relationship that can develop from police sub-beats would strengthen the trust between
EPPD and the community.
Figure 3 Kickin' It with the Cops Event, 2019
Eden Prairie Race Equity Report 28
Suggested Actions
• Community Outreach: Develop and execute both formal and informal outreach activities.
Encourage officers and firefighters to stop by parks and other public places to informally
engage with residents. Plan and schedule formal outreach events (“talk in the park”) where
residents can drop by to meet and interact with officers and firefighters.
• Expansion of Supportive Services: Explore inclusion of chaplains, liaisons, social workers, and
BIPOC community leaders into sub-beat outreach activities when appropriate.
• Build Deep Community Partnership: Identify community leaders and organizations to build
relationships through sub-beat programs.
• Create Youth Partnership Opportunities: Provide opportunities for teen/young adult residents
to share their experiences with the Police Department, give feedback, and provide ideas for
relationship building with community youth.
• Ride-Alongs: Encourage and provide ride-alongs with the neighborhood officer and/or the local
fire station.
Recommendation #3:
Explore additional initiatives or programs that support crime prevention and community building
initiatives.
Rationale
The overall objective of this project is to build trust, facilitate positive interactions, and foster
understanding between the police/fire departments and immigrants, communities of color, and
historically underrepresented communities in the city. With the murder of George Floyd and other
local and national police/BIPOC interactions, thinking “outside the box” and creating a new mechanism
of community outreach is necessary for the betterment of our city and our community. Having a police
community liaison would increase trust and build belonging among minority communities.
In addition, the aim of this work is to create opportunities where law enforcement and community
members could build bridges and foster relationships. Thus, city leadership, and especially the police
department, should be trained on the best ways to perform outreach and connect/engage with BIPOC
communities to drive an authentic transformation.
Furthermore, we need to learn from our neighbor cities’ initiatives. The Eden Prairie Police Department
has a reputation of being a strong department. However, there are initiatives that the department
hasn’t implemented yet to better reach immigrant and low-wealth communities.
Suggested Actions
• Consider Adding an Emergency Services Community Liaison (civilian role): This liaison would
serve as a bridge between residents and Police/Fire to build relationships and trust with an
emphasis on BIPOC and other underrepresented communities. Work with BIPOC community
Eden Prairie Race Equity Report 29
members and leaders to elicit feedback on expectations and community need, work in
partnership with the community to develop roles and responsibilities of liaison.
• Evaluate Chaplain Program: Conduct a review of the current Chaplain program to ensure that
faith leaders are representative of the variety of faith traditions that residents observe.
• Community Engagement Opportunities for Emergency Response Services: Develop specific
community engagement opportunities to focus on relationship building between emergency
responders and community members.
• Begin Partnership with Hennepin County to Embed a Social Worker into the Eden Prairie Police
Department: Contract with Hennepin County to embed a full-time social worker devoted to
supporting Eden Prairie Police. Social worker will provide follow up and services as needed after
police contact.
• Research Civilian Advisory and Support Committees: Investigate potential roles for community
members to support, advise, and build partnerships with the Eden Prairie Police Department.
• Implementation of Supportive Services in Place of Criminalization: Consider implementation of
additional programs and policies that provide residents with support in place of criminal
consequences. Current examples include “Lights On!” vouchers to repair vehicle lights that are
not functioning in compliance with MN law.
Recommendation #4:
Community Gathering & Listening Sessions. Promote relationships, transparency, and trust though
regular public safety gatherings with an emphasis on the BIPOC experience in the City.
Rationale
Based on external feedback and survey results, residents consistently perceive Eden Prairie to be a safe
community. Internal stakeholders (police and fire personnel) are motivated to help people and “service
beyond expectation” is a guiding philosophy. There is a feeling, though, that BIPOC residents are
sometimes treated differently than others in the community. Some residents spoke of a sense of being
over-policed and unsupported. There is mistrust around how determinations are made around traffic
stops and arrests, and general anxiety related to interacting with the police. There is some recognition
among internal stakeholders that officers could become more knowledgeable about addressing people
in a way that builds trust and respect. One mentioned that they felt the biggest threat to strong police
work was preconceived notions that can develop among some officers. Feedback regarding the Fire
Department was minimal, but there was a comment from a resident who would like to see a more
diverse department.
One method for addressing concerns and building trust is open and honest dialogue among all
stakeholders. In addition to a free exchange of ideas and views, context and perspective are important.
There may be cultural or policy factors that are important to internal or external stakeholders of which
the other group is unaware. Understanding these variables, including qualitative (“feelings and
perceptions”) and quantitative (arrest rates and traffic stop data) are key to closing these gaps.
Eden Prairie Race Equity Report 30
Suggested Actions
• Community Listening Sessions: Hold regular (2-4 times per year) community listening sessions
with Police and Fire representatives. Rotate locations to possibly include City Hall, Fire Stations,
Community Center, neighborhood locations, etc.
• Provide Follow Up: Track questions/follow-up items and report back with updates in
subsequent meetings.
• Discussion of City Data: Review and discuss community information and emergency response
data with residents. This would include 911 call volume, police dispatches, fire dispatches,
arrest rates, etc. Discuss Equity & Inclusion Survey results specific to emergency services.
Provide context and open discussion around areas of concern. Post these data on a
regular/ongoing basis, with comments/context, to promote transparency and trust.
Eden Prairie Race Equity Report 31
Recommendations
Facilities and Programs- Accessibility and Culture
Recommendation #1:
Diversify the Park and Rec workforce to reflect community make-up.
Rationale
The overwhelming majority of residents show a strong appreciation for the City’s parks, playgrounds,
facilities and programming. At the same time, there is an opportunity to mirror the increasing diversity
of Eden Prairie by developing goals to increase the number of employees from diverse backgrounds
and have staff trained in cultural competence and humility. Our city is home to people from all walks of
life. A workforce which reflects the diversity of the community it serves is more likely to understand
the needs of the community. Promoting workforce diversity is a key element for ensuring equitable
service, and benefits of a diverse workforce include better connection with community, understanding
differing viewpoints and ability to work as a cohesive team.
Suggested Actions
• Build community partnerships to increase opportunity for diverse youth: Partner with Eden Prairie
School District, The International School of Minnesota and youth serving organizations in Eden
Prairie to broaden entry points to City employment opportunities such as internships, community
center staff, summer program staff, etc.
• Contract with BIPOC residents to be coaches, mentors, exercise class leads, and instructors.
• Diversify workforce: by participating in Job Fairs at local higher educational institutions such as
Hennepin Technical College Eden Prairie Campus (and other similar campuses in Hennepin County)
and partnering with non-profits working in job placement for clients such as CHOICE Inc., and
PROP.
• Workforce training: Implement ongoing interactive training on topics such as cultural humility,
implicit bias, applicable policies and processes which address diversity, equity and inclusion, City’s
ongoing efforts towards inclusion, and why D&I initiatives matter. Recruit and use BIPOC
consultants to conduct such trainings.
Eden Prairie Race Equity Report 32
Recommendation #2:
Ensure everyone has equitable access to facilities and programming and are treated with respect &
dignity.
Rationale
Equitable access to facilities and programming that is safe, inclusive, culturally relevant and welcoming
to everyone provides an opportunity for all to fully participate, and in a meaningful way, be part the
community, invest in the city and in their family’s growth. Just and fair access creates cohesive and
stronger communities. However, costs associated with facility rental fees, class time and location may
be barriers to participation for some residents. Though scholarships are available in some cases,
making an application for assistance can be difficult since the process is multi-layered and duplicative.
Suggested Actions
• BIPOC Partnership: Work with BIPOC communities to identify barriers to participation and work
collaboratively to reduce & eliminate those barriers including but not limited to location,
transportation, fee structure, cost, etc.
• Using an equity lens, review the City’s current Code of Conduct, Grievance Procedure and
Discrimination Policies for staff and program participants. Revise or create policy to ensure that all
programs and activities provide safe and equitable experience.
• Ensure policies set clear expectations for staff and participants and include information about how
to report concerns for review. Train staff on relevant policies and procedures and empower them
to enforce policies and resolve concerns.
• Remove barriers to encourage full participation in programs at City facilities by continuing to
expand no-cost community-based programs in neighborhoods that are underrepresented in
current program offerings. Additional
actions could include:
implementation of simplified fee
waiver system, reducing financial
barriers by offering free/low cost
opportunities, reduced/low cost
facility rental opportunities, increased
accessibility to affordable childcare
for participants, eliminating
paperwork redundancies when
possible. Simplified outreach
materials to residents to raise
awareness of services, including one
page infographic
Figure 4 Summer Camp Participants, 2020
Eden Prairie Race Equity Report 33
Recommendation #3:
Expand diverse and inclusive programming through the City’s facilities, parks and events.
Rationale
The demographics of Eden Prairie are shifting. The City has grown in the last several years and is
increasingly more diverse and includes people of many religions, languages, economic groups and
other cultural groups. In order to build an inclusive, welcoming city and instill a sense of belonging, we
need to understand and appreciate the many cultures represented in our city. One way to include
community members, increase participation in programs at City facilities is to diversify class offerings
and offer unique classes so that community members can learn about each other and other cultures.
An appreciation of cultural diversity and exposure to others goes hand-in-hand with an equitable and
just society.
Suggested Actions
• Diversify programming and class offerings: Continue to develop diverse programs, activities and
classes that are culturally specific at Community Center, City Hall, Outdoor Center, etc. using
community feedback. Consider factors such as time of day, transportation, locations of
activities/classes, instructors, etc. that may impact BIPOC participation. Current examples
include: Women’s only swim, sensory friendly spaces and offerings, PeopleFest!. Future
considerations could include: Learn/Explore a new sport: Cricket, badminton, Becoming an
Outdoors Woman (BOW) programming in partnership with MN DNR, offer additional women’s
only options, Learning from Place Series (MN Humanities Center).
• Build Diversity, Equity and Inclusion goals into work plans: Build DEI goals into department work
plans to ensure that they are prioritized during program development. Seek input from staff,
BIPOC community members and organizations to identify service gaps. Task staff with tracking
the feedback and suggestions received from community members. Consult with BIPOC
residents and community organizations during program development, implementation, and
review.
• Eden Prairie Cultural Center: Create a dedicated conspicuous space within the Community
Center that highlights BIPOC art, exhibits, raises awareness about a sport/program (in
conjunction on when it is being offered) and culture.
• Share experiences of residents with broader community: Work directly with residents to
capture their perspective and experiences and find ways to share them with the broader
community. Current initiatives include: Real Talk with Rick podcast, First Person Plural public
art exhibit at Purgatory Creek Park.
• Evaluate programs and events through a DEI lens: Analyze and evaluate diverse programs for
cultural relevancy and community engagement. Include participant feedback and community
input into the evaluation process.
Eden Prairie Race Equity Report 34
• Develop resources to build the capacity of neighborhoods or communities to host community
building programs: Design community event opportunities that can be adopted by specific
neighborhoods to encourage relationships and mutual understanding between residents.
Current Example: Night to Unite.
• Continue to consider equity and inclusion of residents during park development projects.
Current example: addition of the Splash Pad at Nesbitt Preserve Park in 2022.
Eden Prairie Race Equity Report 35
Recommendations
Recruiting, Hiring and Retention
Recommendation #1:
Strengthen recruiting and hiring practices to attract a more diverse city workforce.
Rationale
Studies have shown that diverse workforces are now more likely than ever to outperform non-diverse
workforces. By hiring diverse candidates, Eden Prairie staff will be more reflective of the community it
serves. In doing so, Eden Prairie will have the ability to strengthen its reputation and be a leader in
creating inclusive environments to attract employees and residents.
Suggested Actions
• Build partnerships to create a diverse pipeline of candidates: Establish and nurture ongoing
partnerships that can be leveraged to build an ongoing diverse pipeline of candidates. Potential
partners could include: DEED workforce services, vocational schools, job training services or
community organizations.
• Invest in in-person recruitment efforts that are likely to build relationships with candidates, build
capacity, and thus be more effective than merely online recruitment.
• Include Diversity, Equity and Inclusion questions in candidate screening: In screening candidates,
ask about their experiences with racial equity and diversity, equity, and inclusion.
• Incorporate virtual interviews: Increase accessibility by allowing candidates to self-select an in-
person or virtual format for first-round interviews.
• Strengthen training and processes for interviewers and hiring managers to promote diversity,
equity, and inclusion in the interviewing an onboarding.
Recommendation #2:
Build upon efforts to enhance, sustain, and foster an inclusive work environment to retain a diverse
city workforce.
Rationale
A diverse group of employees ensures a broad array of ideas and skill sets that can lead to better
innovation and decision making. By fostering an inclusive work environment, Eden Prairie can be a
Eden Prairie Race Equity Report 36
leader in creating a positive workplace, one that enhances the work experience of all members,
minimizes turnover costs, and has the opportunity to outpace comparable cities regardless of
geography.
Suggested Actions
• Communicate DEI values widely, including in employee handbook, employee onboarding, other
internal communications.
• Offer an ongoing, robust DEI training program for all city employees that would include
engagement with instruments such as the Intercultural Development Inventory (IDI).
• Support managers and senior leaders in becoming more inclusive leaders, with learning approaches
that emphasize reflection, iteration, and adaptability.
• In collaboration with champions and partners, operationalize DEI values and communicate
examples of inclusive behaviors.
• Increase staff knowledge of race equity, and how to impact structural racism in the community by
facilitating difficult conversations related to race and racism, through avenues such as brown bag
lunch discussions.
Recommendation #3:
Enhance professional/career development opportunities, and performance management processes to
support and strengthen a more diverse city workforce.
Rationale
DeYoung notes that there is recognition by the City of the importance of Diversity, Equity and Inclusion
(DEI) and internal support for doing more meaningful DEI work. DeYoung outlined opportunities to
increase the diversity of city workforce and commissions and increase sense of inclusion and equity
internally. DeYoung’s findings indicate that the City’s workforce and leadership should be more
diverse. “Reflecting the overall community population brings in needed and possibly missing
perspectives in the City’s operations.” Embedding DEI competencies into the City can ensure a climate
of welcome, inclusion and equity for all. Ensuring there are no racial or other disparities in employee
retention, and diversity is equitably advanced up the organization.
Suggested Actions
• Develop a city employee resource group for BIPOC employees.
• Build a city employee mentoring program for BIPOC employees.
• Develop a career development toolkit with tools, resources etc. on a broad array of topics that are
actionable for employees
• Create career pathing with knowledge, skills and abilities needed (individual contributor and people
leader tracks)
• Add organizational DEI values and practices to employee performance evaluations.
Eden Prairie Race Equity Report 37
Recommendation #4:
Improve data collection, reporting, and strategic use of data to support the recruitment, hiring, and
retention of a more diverse city workforce.
Rationale
DeYoung’s findings indicate that the City would benefit from making diversity, equity and inclusion a
strategic priority, ensuring strategies and goals are set, resources and infrastructure are committed,
actions are taken and progress is tracked.
This ensures DEI is tied to measurable goals and leadership is held accountable for positive change.
Public transparency and communication of Eden Prairie’s commitment to DEI expresses a shared
understanding of race equity language, needs, and potential changes both internally and externally.
Suggested Actions
• Evaluate current data collection categories and practices and strengthen in partnership with HRDC
• Begin including key metrics in internal and external reporting mechanisms
• Publish key metrics on city website and similar locations
• Use DEI data to benchmark, set goals, and evaluate effectiveness in growing a more diverse city
workforce across departments.
• Ensure that data are collected, analyzed, and used to create action plans across the employee life
cycle (i.e., from recruiting/hiring to exit)
Eden Prairie Race Equity Report 38
Recommendations
Connection to Community
Recommendation #1:
Communicate Eden Prairie’s commitment to racial equity and celebrate the diversity of our community
with internal and external stakeholders
Rationale
Increasing efforts to effectively communicate the city’s
ongoing efforts to pursue racial equity in all aspects of city
life will increase understanding by the general populace of
the city. The City of Eden Prairie should affirm its long-
standing commitment to racial equity in all aspects of city
life and should broadly communicate existing policies
which promote racial diversity, equity and inclusion. This
includes utilizing a variety of communication tools to
ensure all residents receive and understand the City’s
commitment to racial equity. Making the City’s residents
aware of the City’s commitment also holds the City
accountable to its residents.
Suggested Actions
• Review and enhance anti-bias policies: Review Harassment Prevention and Respectful
Workplace policy to ensure it meets best practice standards. Broadly communicate the City’s
commitment to diversity, equity and inclusion as exhibited in the Eden Prairie Promise to both
internal and community stakeholders. Consider implementation of additional resources that
support staff or community members with the tools to address concerns as well as resources
for supervisors to respond. Future tools to consider: Restorative Justice practices and/or
Upstander Intervention training.
• Foster belonging: by using a racial equity framework/vision & inclusivity to engage with BIPOC
communities. Acknowledge, clearly articulate racial equity, implicit and explicit bias, individual
and structural racism. Implement racial equity tools to change or modify policies, programs and
practices that are perpetuating inequities. Ensure everyone, internal & external stakeholders,
feel safe and welcomed where they live, work and play.
Figure 5 Recording the Real Talk With Rick Podcast
Eden Prairie Race Equity Report 39
• Communicate DEI values widely: Internally this could include the employee handbook,
employee onboarding, other internal communications. Externally this could be reflected
through the City’s various communication channels.
• Create opportunities for two-way communication: use the City’s various communication
channels to inform, educate, and raise awareness about diversity and inclusion topics and the
many cultures that create our community. Continue to use social media to celebrate the
diversity of Eden Prairie through culturally relevant posts that engage community members
from diverse backgrounds and instill a sense of belonging.
Recommendation #2:
Track and analyze ongoing community data to determine effectiveness of efforts and improvements
from baseline information
Rationale
The demographics of Eden Prairie are shifting. The City has grown more diverse over the last thirty
years. Census data shows that non-white population has increased from less than 5% of the
population in 1990 to over 30% in 2020. In order to effectively respond to the needs of a diverse
community, data should be collected, tracked on an ongoing basis, existing data examined, and
disaggregated to proactively address any issues with disparities. DeYoung Consulting found that the
City does not commonly disaggregate the data collected during community engagement. The Eden
Prairie Equity and Inclusion survey found that ratings from Black and Hispanic residents were
materially lower than White residents across several categories. Those disparities can only be seen
when analyzing disaggregated data. Using best practices to analyze available data allows the City to
obtain crucial information that can be used to advance racial equity in the City’s policies and practices.
Suggested Actions
• Collect representative data and Disaggregate data: Regularly collect and analyze data to
proactively address racial disparities; evaluate & compare how BIPOC communities experience
Eden Prairie. Transparently share with community what was learned and next steps that will be
taken. Continue to consider community demographics in data collection. Use polling tools to
ensure data samples are representative of overall City population. Increase and target outreach
to under-represented communities until data samples are representative of overall city
population.
• Conduct further analysis of the 2020 Eden Prairie Equity and Inclusion Survey: Review and
discuss 2020 Eden Prairie Equity and Inclusion Survey. Conduct further investigation into
disparities. Develop an action plan for a follow-up survey to determine preferred
communication methods to be used when developing a follow-up city-wide survey.
• Work in partnership with BIPOC and underrepresented communities to explore community
engagement opportunities, findings and determine where additional action may be needed.
Consider community feedback in data collection strategies by seeking and incorporating input
Eden Prairie Race Equity Report 40
from residents to create or modify community engagement strategies (i.e., surveys, online
engagement, etc.) to more effectively capture a broad range of experiences, identify &
eliminate blind spots; hold conversation/listening sessions.
• Develop a two-way feedback loop process by creating the opportunities for community
members and City staff/leadership to discuss ideas and create plans of action: Conduct
Community Review of Data by hosting community sessions to share information in a non-
threatening format (share not only at city council meeting) but session(s) at Community Center
or other venue that is a safe place/non-intimidating location to maximize participation.
Recommendation #3:
Ensure all limited- and non-English speaking residents have equitable access to city services, programs,
activities & information.
Rationale
Eden Prairie residents with limited English proficiency may find it difficult to engage with the city due
to an inability to understand the scope of services and options available. It is important to commit to
ensuring equitable access to information about City services and other opportunities. One way to
ensure equitable access to information and engage communities with limited English proficiency is
language access. One example of this barrier to feedback is the Eden Prairie Equity and Inclusion
survey was published only in English, thus limiting responses from those for whom English is not their
primary language. Some internal stakeholders noted that they could do better at connecting with
community members with limited English proficiency. Ensuring reliable access to a language line,
providing training, and encouraging City staff to learn a new language or improve language skills can
help them support residents with limited English proficiency. Making City surveys available in language
other than English will increase and encourage increased participation from community members, and
identify needs of the community.
Suggested Actions
• Language Access: Provide consistent, high quality, culturally appropriate translation &
interpretation services to eliminate barriers & improve access for those with limited English
proficiency; use plain inclusive language. Draft, adopt and implement Language Access Policy.
• Continue accessibility efforts: Work to achieve Section 508 ADA compliance as well as 2.0 A and
AA website accessibility standards for individuals with disabilities. Ensure information is easily
viewable on all devices and printable to allow for printing in multiple languages. Use plain,
inclusive language and incorporate the use of infographics when possible.
• Create awareness of translation services: Use communication channels to make the community
aware of available translation and interpretation services.
• Training/Knowledge: Ensure public facing employees receive ongoing mandatory training to
demonstrate knowledge of how to access/request translation & language interpretation
Eden Prairie Race Equity Report 41
services. Increase the presence of multilingual employees in customer facing positions.
Encourage staff to learn basic language skills in the languages commonly spoken in Eden Prairie.
• Community Engagement Opportunities: Ensure residents have equitable access to community
engagement opportunities such as but not limited to: surveys, open comment periods, public
hearings, etc.
Recommendation #4:
Ensure everyone has equitable access to services provided by the City and opportunities for providing
input to city leadership
Rationale
As Eden Prairie has grown more diverse, many residents new to the City may find navigating City
services, completing surveys, actively participating in city sponsored initiatives to be a challenging,
complex, unfamiliar and intimidating experience. Immigrant and refugee communities may not be
familiar with how the City operates and how things in the U.S. work. By reaching deeper into our
diverse community and determining the best methods of engagement and feedback, all residents will
have access to opportunities the city has to offer.
Suggested Actions
• Increase engagement from underserved communities: Identify communities that have lower
engagement levels, identify barriers and create strategies to build relationships that foster
ongoing communication.
• Collaborate with community leaders and residents to identify best communication strategies:
Gather feedback from residents and community leaders about how they currently receive
information from the City to evaluate strengths and opportunities. Encourage feedback about
additional communication strategies that the City could implement to ensure that residents
receive information in the ways that work best for them.
• Ensure that all residents know how to communicate with City leadership: Identify current
barriers to communication and strategies for increasing access to City leadership. Ensure that
all residents understand open podium procedures and other public comment periods.
• Continue to create additional community-based opportunities for Council Members and City
leadership to interact with residents from underrepresented communities. Past examples
include: Coffee with a Council Member, Kickin’ it with the Cops.
Eden Prairie Race Equity Report 42
Recommendation #5:
Broaden partnerships to include organizations that have culturally specific communication channels
Rationale
Partnerships benefit everyone. Fostering collaboration, improving and deepening ties with a diverse
group of community organizations, will help bring residents together and understand each other.
There are opportunities for Eden Prairie to build relationships in the community, and increase
involvement from diverse communities. City staff efforts to work directly with BIPOC communities
have been received positively and the City should leverage these opportunities to broaden and
increase such opportunities with diverse communities and reach out to additional communities within
the city.
Suggested Actions
• Focus on reciprocity to maintain effective partnership with community partners. Provide
resources or other support to build the internal capacity of partners.
• Community Liaison Network: Create a community liaison network of community members and
leaders that provide deeper connections to the City’s BIPOC communities.
• Emphasize ongoing communication over project-based communication: Strive to keep
community members invested in ongoing relationship with City representatives through
communication strategies as opposed to project-based communication.
• Build relationships with culturally specific organizations: Identify organizations with culturally
specific communication channels, work to broaden and deepen partnerships collaboratively
with them. For example, Minnesota Humanities Center (Learning from Place: series), Islamic
Resource Group (IRG), Reviving the Islamic Sisterhood of Empowerment (RISE), Native
Governance Center, India Association of Minnesota, Eden Prairie Chinese Association, and
others.
Eden Prairie Race Equity Report 43
Recommendations
Community Experience
Recommendation #1:
Community Events. Devote more resources to promoting block parties and community events to
gather residents of different cultures.
Rationale
Eden Prairie residents consistently express their
satisfaction with the overall friendliness and
positive atmosphere in their communities, yet
also speak of experiencing a lack of feeling and
belonging. Residents continually describe Eden
Prairie as a city historically made up of white
residents and perceive a general disconnect
within the community between different ethnic
groups. Through survey data, residents spoke of
sometimes experiencing xenophobia, and BIPOC
stakeholders expressed feeling an overall sense
of detachment from their communities.
Furthermore, BIPOC survey participants note
general discomfort around white residents. A
member of the Human Rights and Diversity
Commission reflected on the disparity, stating
“the major problem I see is that we are a total of
two different communities divided by a huge wall.” In support, the results of the Equity and Inclusion
Survey suggest that residents perceive and experience the city differently depending on their racial
background. White residents consistently rate the city as “good” when asked to describe their feeling
of belonging, connectedness, and sense of being welcomed and respected. Ratings of “excellent” or
“good” were about 15 percentage points higher in White communities than those of Black, Asian, Asian
Indian, or Pacific Islander, and Arabic and Middle Eastern residents.
To combat this sense of division, the recommendation is to increase community engagement through
regular events to build a stronger sense of belonging. Devoting city resources to community events
promoting diversity, cultural learning, and outreach will allow residents to build diverse relationships
with others and strengthen mutual trust in the community.
Figure 6 Culture 'N Motion Event, 2018
Eden Prairie Race Equity Report 44
Suggested Actions
• Build Partnerships with Diverse Sports Organizations: Partner with different sports clubs (e.g.
cricket, soccer, etc.) to organize exhibition matches. Allocate time to explain the history of the
game and how it is played.
• Use City Parks for Community-Based Outreach: Utilize city parks for cross-neighborhood
games/gatherings to allow community members to build relationships with residents that live
near the parks.
• Identify and Recognize Culturally Specific Celebrations: Coordinate events around culturally
specific celebrations. Allocate time to explain the history of these traditions and the various
elements within them. Work directly with culturally specific organizations or residents in the
planning and implementation.
• Show A Strong Presence at Community Events: Encourage City staff at all levels, not just Council
or Department Heads, to periodically attend community/cultural events as well as city events.
Ensure staff are easily identifiable as city representatives. Allow staff time to occasionally
attend during business hours when possible. Promote events for staff to attend on their own
time outside of business hours on a voluntary basis.
Recommendation #2:
Provide additional support and resources to community members and organizations working on similar
diversity, equity and inclusion efforts.
Rationale
Throughout this initiative, community members and organizations have expressed interest in
partnering with the City of Eden Prairie to further the mission of creating an inclusive and equitable
community in Eden Prairie. Many have expressed uncertainty about the best way for them to bring
change in our community and expressed a sense of anticipation for the release of the Race Equity
Report as a guiding tool. Additionally, 76% of respondents to the EP Equity and Inclusion survey
indicated that creating a diverse, inclusive and fair community should be a moderate or high priority
for the City of Eden Prairie. While much of the report is specific to the scope of City services, the
Human Rights and Diversity Commission (HRDC) is uniquely positioned to partner with community
members and organizations to bring the impacts of this report further into our community. Working
alongside community partners as they develop their own goals allows our entire community to feel the
impact of the EP Race Equity Report through their relationships with one another.
Building partnerships with community members and organizations is mutually beneficial as it allows
the HRDC to connect more deeply with the community, while allowing community members and
organizations to benefit from the resources of HRDC. This connection already exists through current
partnership projects but could be expanded through further engagement. Encouraging community
partners to engage in conversations about their role in providing equitable access to resources and
opportunities allows the Commission to be a driver of change within Eden Prairie. Furthermore,
Eden Prairie Race Equity Report 45
encouraging community members and organizations to advance their own cultural competency and
humility creates the opportunity for deeper dialogue and builds a more inclusive city.
Suggested Actions
• Provide opportunities for non-profit organizations and community members to engage in
personal/professional development or education on issues of diversity, equity and inclusion.
Use these platforms to increase cultural competency/cultural humility and develop strategies
the build a more inclusive community.
• Partner with community members and organizations to facilitate further community
conversations through listening sessions, panel discussions, etc.
• Continue to build a presence in community collaboratives through representation at
community meetings and collaborative initiatives. Promote dialogue to support individual or
organizational goals around diversity, equity and inclusion and provide partnership when
appropriate .
• Identify community partners and organizations currently engaged in diversity, equity and
inclusion work and build relationships, identify opportunities for partnership or capacity
building. Facilitate relationships by inviting these individuals and groups to ongoing Commission
meetings to share their work and discuss opportunities for partnership and support
• Provide opportunities for community members and organizations to build relationships with
each other through engagement and networking activities.
• Explore opportunities for community wealth building with a focus on initiatives that address
current racial and economic disparities. Examples could include: entrepreneurship,
homeownership, or individual wealth building and preservation initiatives.
Eden Prairie Race Equity Report 46
Recommendations
Developing Future Leaders
Recommendation #1:
Partner with Eden Prairie Schools to share insights from community outreach sessions and work
towards common goals.
Rationale
During the course of the initiative, many community members mentioned the important role that Eden
Prairie Schools plays in the education and develop of the city’s young people. Themes of school
campus climate, racial equity in opportunity, relationships with teachers and school leaders, and
accessibility issues regarding extracurricular activities.
Inasmuch as the City of Eden Prairie and Eden Prairie Schools are distinct entities, our recommendation
is that city representatives meet with school leaders to share applicable findings in more detail and
offer any assistance.
Suggested Actions
• Share information with EPS: Meet with district leadership to share the work done during the EP Race
Equity Initiative and insights gleaned. Share the City’s plans with EPS and look for opportunities for
partnership.
• Build youth driven partnerships: Increase partnership between the HRDC, City Staff and EPS through
connection to student groups, affinity groups, etc.
Recommendation #2:
Encourage youth employment opportunities with the City of Eden Prairie through internships, summer
employment and career opportunities.
Rationale
By engaging residents early and often through community programs, Eden Prairie will have the ability
to create candidate pools with the required/desired skills for regular employment. The City will also be
uniquely positioned to grow, develop and cultivate its talent through experiences of those that are
already employed and sharing their knowledge.
Eden Prairie Race Equity Report 47
Suggested Actions
• Partner with youth in Eden Prairie to identify barriers and strategies to increase participation: Learn
from young people about what opportunities they are most interested in, barriers to participation
and ways to drive diverse engagement from our youth.
• Build partnerships to drive youth participation: Partner with youth serving organizations to build a
diverse pipeline of candidates for internship and employment opportunities.
• Contract with a youth-serving organization to support young adults in employment with the City of
Eden Prairie: Build a partnership with an organization that can serve as a case manager to help young
people overcome barriers to employment at the City of Eden Prairie. Local example: Partnership
between Mall of America and Oasis for Youth where a case manager helps young people find and
maintain employment at Mall of America through tangible supports to overcome barriers such as
transportation as well as building employment skills through coaching and conflict mediation.
• Continue to partner with higher education institutions to provide career pathways for youth: Current
example: Partnerships between Public Works and St Paul College. Build pathways for young people
to identify high demand jobs with the potential for long term stability and living wages.
• Expand opportunities for young people to learn more about City career pathways: Current strategies
include participation in career fairs, round table events, job shadowing opportunities, mentorship,
capstone project partnership, and invitations to tour the Eden Prairie Environmental Learning Center
at the Water Treatment facility. Partner with young residents and youth serving organizations to
identify additional opportunities or barriers to participation in existing opportunities.
Recommendation #3:
Expand youth development program accessibility for underserved youth by reducing barriers to
participation.
Rationale
Youth leadership development was highlighted as an important area of concern for our community
members. Unfortunately, two main sets of barriers were highlighted. First, many BIPOC youth and
families are not aware of the community-based leadership development opportunities available to
them. Thus, it is critical that these opportunities be identified and better communicated to these
communities.
Second, many BIPOC youth experience accessibility barriers to the opportunities, including lack of
network/connections, limited ability to engage in (non-paid) volunteer/internship and development
activities, and difficulty navigating application/sign-up processes.
Suggested Actions
• Explore opportunities to provide City program in partnership with youth-serving organizations:
Current example: on site art programming with the YMCA at Briar Hill and Treehouse.
Eden Prairie Race Equity Report 48
• Connect with local organizations to build upon youth development programs and efforts: Support
existing youth serving organizations through financial and non-financial resources to expand and
maintain their capacity.
• Continue to utilize the Passport to Fun program: Work directly with PROP for cross-referrals and to
maximize scholarship benefits for each household member. Maintain the increase in the annual
maximum fee assistance amount from $100 to $200 per individual, which is then enhanced with PROP
support. Provide free open gym, open skate and open swim at the Community Center.
• Partner with families to identify additional barriers and create action plans for support: This could
include items such as transportation, scheduling conflicts, strict scheduling, cumbersome paperwork
processes and verifications, etc.
• Create opportunities for mentorship of BIPOC youth: Investigate the opportunity to create spaces
where BIPOC youth can be mentored by adults from the community. Future example could include:
Coach-like figures at open gym or parks highly utilized by BIPOC youth.
Recommendation #4:
Identify opportunities to raise the voices of young people in our community. Partner with young
residents to identify ways for them to grow self-advocacy skills and opportunities.
Rationale
Young residents often hold unique perspectives that
shape the future of the Eden Prairie community. By
creating opportunities for youth to develop self-advocacy
skills, young residents will develop skills needed to shed
light on their individual needs. By including young
residents in the civic engagement process, they will be
encouraged to stay engaged and the City will benefit from
their perspective as youth and as the future of our
community.
Suggested Actions
• Continue to utilize the Student on Commission program to educate students on how local government
functions as well as incorporate their perspective into commission work.
• Create opportunities for youth to interact with City Leadership to share their perspectives and
experiences. Current example: Martin Luther King Jr Words in Action Contest. Future examples could
include youth listening sessions, special open podium invitations or presentations.
Figure 7 Human Rights Award Recipient 2019
Eden Prairie Race Equity Report 49
Next Steps
Based on the community feedback gathered throughout this initiative, the Eden Prairie Human Rights and
Diversity Commission (HRDC) has generated a list of recommendations and suggested actions for consideration
by City Council and staff. Following the presentation of the final report to City Council, it will be sent to City staff
for implementation.
City staff will review the recommendations and suggested actions and begin creating plans for
implementation. Staff may find that additional community engagement is needed to develop next steps. The
HRDC will remain engaged with staff to assist in identifying best practices, providing feedback, and facilitation of
additional community engagement as needed.
HRDC will maintain an ongoing advisory role throughout implementation. City staff will provide the HRDC with
an initial implementation plan within 6 months and continue to provide summary reports to the HRDC on a
semi-annual basis.
Eden Prairie Race Equity Report 50
Appendix Guide
A. Population by Race and Ethnicity in Eden Prairie 1990-2020
B. City Structure
C. Possible Framing for Eden Prairie Internal Review
D. Eden Prairie Documentation Review Summary
E. Eden Prairie Race and Equity Project - Internal Interview Questions (Emergency Response)
F. Eden Prairie Race and Equity Project - Internal Interview Questions (Connection to Community)
G. Eden Prairie Race and Equity Project - Internal Interview Questions (Recruiting, Hiring and
Retention)
H. Eden Prairie Race Equity Initiative: Virtual World Café Protocol for Community Engagement
(Community Member)
I. Eden Prairie Race Equity Initiative: Virtual World Café Protocol for Community Engagement
(Community Organization)
J. Eden Prairie Equity and Inclusion Survey: Summary Report
K. Eden Prairie Equity and Inclusion Survey (Results Disaggregated by Race)
Eden Prairie Race Equity Report 51
Appendix A: Population by Race and Ethnicity in
Eden Prairie 1990-2020
1990 2000 2010 2020
White Alone,
Non-Latinx
95.92% 89.67% 80.03% 69.64%
American Indian
Alone, non-Latinx
.17% .18% .16% .17%
Asian alone, non-
Latinx
2.06% 4.81% 9.13% 13.85%
Black Alone, non-
Latinx
1.08% 2.26% 5.53% 7.15%
Hispanic or Latinx .7% 1.57% 3.03% 4.63%
Native Hawaiian
or Other Pacific
Islander alone,
non-Latinx
No Data .02% .03% .03%
More than one
race, non-Latinx
No Data 1.36% 1.95% 4.16%
Some other race
alone, non-Latinx
.07% .12% .15% .39%
Source: Metropolitan Council Community Profile: Eden Prairie
https://stats.metc.state.mn.us/profile/detail.aspx?c=02394614
Eden Prairie Race Equity Report 52
Appendix B: City Structure
Administration Department
The administration department is responsible for working closely with the City Manager,
who works with the City Council, to support the overall operation of the City and its five
operating Departments. Supporting Divisions include the City Clerk, Communications,
Facilities, Finance & Liquor Store Operations, Human Resources & Support Services and
Information Technology.
City
Manager
Administration
Administrative
Services/HR
Director
City Clerk
Facilities
Finance
Information
Technology
Human Resources
Communications
Manager Finance Manager
Community
Development
Assessing
Economic
Development
Housing &
Community
Services
Planning
Public Works
Engineering
Fleet Services
Street
Maintenance
Utilities
Police
Investigations
Patrol
Support
Operations
Fire
Building
Inspections
Fire Prevention
Fire Suppression
Parks &
Recreation
Community
Center
Parks & Natural
Resources
Recreation
Services
Administration
Support Specialist
Administrative
Services/HR Director
City Clerk Facilities Human
Resources
Support
Services
Information
Technology
Eden Prairie Race Equity Report 53
▪ The City Clerk Division is responsible for the administration of elections, official
records and City Code, records management, publication of legal notices and data
practices, and serves as the Data Practices Compliance Officer and Responsible
Authority.
▪ The Communications Division is responsible for the City’s public relations, media
relations, internal communications, television broadcasting, still and video
photography, publication of a monthly newsletter, publishing stories on the
intranet, advising senior management and crisis communications. The division’s
goal is to provide effective, two-way communications to all stakeholders in the City
to increase the stature of the City among residents, employees, businesses, city
employees and other publics.
▪ The Facilities Division is responsible for the daily operations, preventive
maintenance, remodeling, and long term maintenance programs of the 24 facilities
owned by the City. The facilities include the city center, community center, senior
center, water treatment plant, utilities facility, maintenance facility, fire stations,
liquor stores and park shelters.
▪ The Finance Division provides financial management for the City and has oversight
of all financial activity. This includes capital improvement planning, budget
coordination, debt management and the day-to-day accounting of the City’s
financial transactions. The finance division oversees the City’s liquor store
operations.
▪ The Human Resources Division enables the City to attract and retain individuals to
maintain a successful service-based organization by: (1) developing innovative
systems for the recruitment, retention and development of staff; (2) providing
solution-driven support to managers; (3) administering competitive benefits and
compensation programs; (4) advising managers and employees on performance
management and employee relations; 5) administering risk and safety programs.
The human resources division oversees the support services division which provides
front desk receptionist duties, dispersing and receiving mail, copy center operations
and back up administrative support throughout the City.
▪ The Information Technology (IT) Division delivers information services, technology
and telecommunication services to maximize the effectiveness and efficiency of City
services. The division is responsible for the operations and support of the City's
servers, electronic communications (e-mail and voicemail), business applications
Eden Prairie Race Equity Report 54
and network infrastructure which provides connectivity for 12 remote locations and
over 300 computing devices.
Community Development Department
The Community Development department supports the long-term vitality of the City through city-wide
land use planning and development review activities, maintaining a positive environment for business,
addressing housing and community service needs, and enhancing revenue generation through
responsible property valuations. The Department creates and administers current and long-range plans
for the City and promotes and facilitates the orderly development, redevelopment, and economic
viability of the City.
▪ The Assessing Division is responsible for establishing annual valuations and classifications of all
real properties in the City for purposes of taxation. This Division is responsible for processes
homestead classification applications, assembles information for the annual Board of Appeal and
Equalization, represents the City in Tax Court matters, and disseminates tax and real estate
information to the public and other government agencies.
▪ The Planning Division is responsible for evaluating and regulating development in the City
according to its Comprehensive Guide Plan, City ordinances, and metropolitan policies. The
Division provides staff services to the City Council, Planning Commission, Heritage Preservation
Commission, Flying Cloud Airport Advisory Commission, Conversation Commission, and
Watershed Districts. These services include the implementation of the Comprehensive Guide
Plan, administration of zoning ordinances and cell towers, development agreements, and the
review of development plans.
▪ The Economic Development Division is responsible for services that promote business growth,
community development and redevelopment, and which support the overall economic vitality of
the community. Division services include: business development, promotion and retention; tax
increment, bond, and other public financing; real estate sale and acquisitions; new development
and redevelopment site location and planning services; and transportation advocacy.
▪ The Housing and Community Services Division has four areas of responsibility: 1) Housing –
Affordable Housing Program for rental and home ownership initiatives; and the Rehab Loan
Community
Development
Assessing Planning Economic
Development
Housing &
Community
Services
Administrative
Assistant
Eden Prairie Race Equity Report 55
Program, which provides low interest loans to eligible homeowners: 2) Community Services –
which matches individual needs with community based resources, and uses a strategic outreach
to service providers, businesses and civic organizations; 3) Immigrant Services – which supports
other city Departments with translation and interpretation of Somali language and culture, and
assists newly arriving immigrants, from all countries, with the basic living needs; 4) Community
Building – which brings together community groups and individuals to address issues related to
human rights, education, transportation, immigration, housing, and organization and resource
procurement.
Public Works Department
The public works department mission is to “Provide and Maintain Dependable, Cost-Effective, High-
Quality Services for Our Customers”. The Department is focused on designing, constructing, record
keeping and maintenance of the street, water, sewer and drainage infrastructure systems in the
community.
▪ The Engineering Division has oversight for all engineering activities including the design,
construction, maintenance and operation of the City's physical facilities. The Engineering
Division is responsible for preparing plans and inspections including: street, water, sewer,
street lighting, street paving, traffic control, and other construction projects in the City.
▪ The Fleet Services Division provides a program of preventive maintenance, repair, and
operational supplies for the City's fleet of over 275 vehicles and 150 pieces of small
equipment. The Division also manages the acquisition and disposal of all fleet vehicles.
▪ The Street Maintenance Division is responsible for the right-of-way maintenance and repair
of City streets, and traffic control systems. Activities include asphalt overlays, application of
seal coats, crack sealing, street sweeping, laying gravel, operation of traffic signals, snow/ice
control, roadside mowing, trail/sidewalk replacement, sign installation/ replacement,
pothole patching, and many miscellaneous services.
Public Works
Engineering Fleet Services Street
Maintenance Utilities
Eden Prairie Race Equity Report 56
▪ The Utility Division has oversight of the water, sanitary sewer and storm sewer systems in
the community. Major water components include sampling and monitoring water quality
to meet safe drinking water standards, treatment of drinking water.
Parks and Recreation Department
The Parks and Recreation Department’s mission is to foster a high quality of life and provide
healthy, safe and enjoyable leisure time opportunities for all segments of the population.
▪ The Community Center Division has the responsibility for managing the Eden Prairie
Community Center, Oak Point Pool, City beaches and Park Facility Rental. The division team
provides a variety of affordable recreation programs and services for all age groups and all
abilities. This division is also responsible for providing support to department Recreation
Coordinators and the programs they manage.
▪ The Parks and Natural Resources Division has a responsibility for providing a comprehensive
park and open space system including: park planning and development, maintenance of the
park and trail system, forestry management, wildlife management, natural resources
management, park property management and cemetery administration.
▪ The Recreation Services Division has the responsibility for managing all recreation facilities and
providing a variety of affordable recreation programs and services for all age groups and people
for all abilities. The staff in this Division are responsible for the management of facilities such as
the Community Center, the Senior Center, and the Outdoor Center, park buildings and
recreation facilities such as swimming beaches, sledding hill, amphitheater and facilities on
school property that are operated in partnership with the School District such as the Oak Point
Pool and tennis courts at CMS.
Parks & Recreation
Community
Center
Parks & Natural
Resources
Recreation
Services
Administrative
Assistant
Eden Prairie Race Equity Report 57
Police Department
The Eden Prairie Police Department’s mission is to protect and serve the community of Eden Prairie
through active and professional engagement. The department values are to: (1) provide customized
service to the community; (2) exercise discretion and fairness in enforcement; (3) build public trust in
the department; and (4) promote the professional development of its members.
▪ The Patrol Operations Division is largest Division in the Police Department. It is made up of
several primary Patrol Units as well as the secondary Animal Control, Canine, Chaplains,
Emergency Response, and Reserve Units.
▪ The Investigative Operations Division is made up of the Criminal Investigations Unit, the
Schools Liaison Unit, the Community Policing Unit, the Professional Development Unit, the
Special Investigations Unit and the Field Training Unit.
▪ The Support Operations Division is made up of the PSAP / Telecommunications Unit, the
Records Unit and the Electronic Communications Maintenance Unit.
Fire Department
The Fire Department mission is to “Provide an array of services related to building and fire code
education and enforcement as well as planning for and responding to a wide variety of emergency
situations.” The Department is focused on a constant cycle of planning, mitigation, responses and
recovery activities to insure a high level of readiness for projects and events which Impact the
community.
The Building Inspections Division provides a public safety function by ensuring that residential and non-
residential buildings are constructed safely. The Division’s activities include plan review, on-site inspections,
approvals for occupancy, permit issuance, collection of fees, and providing information to the public. And,
water meters for new buildings and additional service lines.
Police
Department
Patrol Investigations Support
Operations
Administrative
Assistant
Eden Prairie Race Equity Report 58
▪ The Fire Prevention Division has oversight of the fire inspections, fire investigations and public
education activities within the City. Staff reviews new construction in the city for compliance
with the State Fire Code. This includes participating in the Development Review Committee,
reviewing plans, and performing field inspections, and inspecting existing buildings to assist
owners and tenants in complying with code requirements.
▪ The Fire Suppression Division provides response capability to a wide variety of emergency
situations including; Structure Fires, Hazardous Materials Incidents, Rope Rescue, Trench
Rescue, Confined Space Rescue, Vehicle Extrication, Structural Collapse Operations, Ice and
Water Rescues, Search and Rescue Incidents and Medical Emergencies.
Fire Department
Building
Inspections Fire Prevention Fire Suppression
Administrative
Assistant
Eden Prairie Race Equity Report 59
Appendix C: Possible Framing for the Eden Prairie
Internal Review
Possible Framing for Eden Prairie Internal Review
DYCS is charged with conducting a systemic, quantitative review (processes and documents) for three of the six
areas of inquiry: Recruitment, Hiring and Retention, Emergency Response and Connection to Community. A tool
will be designed to assess Eden Prairie’s practices and give the city feedback regarding where DEI is stronger and
where they have the most opportunity to grow.
Stages in the assessment
Based on the criteria chosen (see below), documents will be assessed slotted into one of the following stages:
Stage One: Emerging—At this stage, the City is beginning to recognize diversity, inclusion and equity as strategic
priorities and is building a city-wide constituency for the effort.
Stage Two: Developing—At this stage the City is focused on ensuring the development of its institutional and
individual capacity to sustain the diversity, inclusion and equity effort.
Stage Three: Transforming—At this stage the City has fully institutionalized diversity, inclusion and equity into
the fabric of its institution, and continues to assess its efforts to ensure progress and sustainability. (It is at this
point that the City has reached its goals, but recognizing the ever-changing environment it continues to assess
its continuing progress and the sustainability of its achievements as it looks toward the future.)
1 - Recruitment, hiring, retention
We suggest framing this inquiry area by reviewing HR functions:
• HR leadership
• Recruitment and selection
• New employees
• Training and development
• Performance management
• Compensation and benefits
• Employee relations
Possible items to include in the review:
• Extent to which sourcing activities target diverse groups
• Accessibility of job application process
• Extent to which diversity of employees is tracked
• Overall recruitment of diverse staff
• Overall retention of diverse staff
Eden Prairie Race Equity Report 60
• Overall and disaggregated engagement scores
• Accessibility of mentoring, development and leadership opportunities
• Extent to which feedback from surveys and exit interviews is incorporated
• Extent to which salaries have been reviewed for pay equity
• Extent to which HR has identified goals/strategies related to DEI
• Existence and language in grievance or complaint policies, whistleblower policy, discrimination policy, etc.
• Evaluation of DEI curriculum including new employee onboarding, supervisor training, etc.
2 - Emergency response
There are six pillars in the 2015 Final Report of The President’s Task Force on 21st Century Policing that can serve
as a framework for the Emergency Response review. The pillars are as follows, each with a list of related issues
mentioned in the report.
Building Trust and Legitimacy
• Acknowledging how the role of policing in the past is a hurdle to building trust
• Transparency in decision-making
• Application of principles of procedural justice
• Engaging in positive nonenforcement activities
• Tracking community trust levels
• Diversity of police force
Policy and Oversight
• Collaboration with community members to develop policies
• Comprehensiveness of policies on the use of force
• Use of peer review of critical incidents
• Tracking demographic data of all detentions
• Degree of civilian oversight
• Practices requiring a preset number of tickets, arrests, etc.
• Policies requiring officers to identify themselves and reason for the stop/search
• Policies prohibiting racial profiling
Technology and Social Media
• Technology is designed considering local needs
Community Policing and Crime Reduction
• Community policing training
• Strategies to adopt community policing philosophy
• Partnerships to be proactive in addressing crime
• Presence of youth voice in decision-making policies
Training and Education
• Presence of community voices in officer training
Eden Prairie Race Equity Report 61
• Leadership training offered to all officers throughout their careers
• Officers receive Crisis Intervention Training
• Training on social interaction
• Training on disease of addiction
• Implicit bias and cultural responsiveness training
Officer Wellness and Safety
• Safety and wellness initiatives at all levels
• Safety equipment provided to every officer; usage enforced
• Track officer injuries and “near misses” in addition to deaths
3 - Connection to community
The table below (a portion of King County Equity and Social Justice Strategic Plan 2016-2022) can inform the
Connection to Community review.
Eden Prairie Race Equity Report 62
Review of communications - factors to consider could include:
• Translation of communications into languages that represent the City’s demographics
• Extent to which communications are focused on projects vs. ongoing engagement
• Bilingual representation among communications staff
• Partnerships with community organizations to guide improvements to communications
• Diversity of communication methods (mailed, website, email, cable TV, PSAs, social media, etc.)
• Extent to which engagement opportunities are publicized via community media outlets and organizations
Review of partnerships - factors to consider include:
• Investment in partnerships that allow the City to apply preventative solutions
• Investment in partnerships that inform decision-making
• Contracting practices that stimulate economic development in underserved communities
• Diversity of City’s vendor pool (tier 1 and tier 2)
• Extent to which City resources are invested in partners’ capacity building
Eden Prairie Race Equity Report 63
Appendix D: Eden Prairie Documentation Review
Summary
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Appendix E: Eden Prairie Race and Equity Project -
Internal Interview Questions (Emergency Response)
Eden Prairie Race and Equity Project - Internal Interview Questions
Area of Inquiry: Emergency Response
Date of Interview:
Interviewee:
Interviewer:
Overview
I am an external consultant from DeYoung Consulting Services with no affiliations or special interests with the
City of Eden Prairie. The City would like to find ways to become more responsive to residents’ diverse needs and
to advance racial equity, diversity, and inclusion. This can be best done by reviewing its policies and procedures
and learning about the community experience. Given this need, Eden Prairie’s Human Rights and Diversity
Commission has begun a project that will assess its current systems and processes by conducting deep listening
with employees and community members. It is hoped that this process and its outcomes will create and
strengthen community relationships, encourage shared decision making and help to minimize disparities.
You have been identified as a staff member who can provide expertise and insights to help us with the study.
Our questions will focus on [TBD once protocol is final].
Your participation is voluntary; you can decline to answer any questions without giving a reason. The input you
provide will be combined with information we hear from others, in order to highlight common themes. We will
share those themes with the Human Rights and Diversity Commission and City staff who are leading this work.
We want to ensure your anonymity, so while I will record your name, please understand that the ideas you
share will not be associated with your name or listed in our report. Any quotes we use will be de-identified. If
you are worried about anything you may say or how I will use it, let me know. If you have a unique perspective
that is not common among others we interview, but that would be valuable to share, we will work with you to
find a way to share it to maintain the level of anonymity you desire. So, after hearing this, are you willing to
participate in this interview?
Recording makes it a lot easier to complete the notes as I cannot always take notes as quickly as I would like. We
will delete the recording immediately after the project is completed. Would it be okay to record this
conversation?
Questions
Intro/Warm-up
1. What is your role with the City, and what motivates you to keep working here?
Eden Prairie Race Equity Report 71
Experiencing an Emergency
2. In general, how would you describe the best experience possible for Eden Prairie residents who
have an emergency and who interact with the City’s emergency response system?
a. What would it look like specifically in your department?
3. In that best experience possible, what would the interactions look like and feel like between
emergency responders and the residents?
a. Ideally, what do you wish residents would be saying about their experience with emergency
responders?
4. How would you compare that ideal with the current experience that your department, and the City
overall, provides to residents who experience emergencies?
a. What differences do you perceive, if any, in the experiences of BIPOC residents compared
to white residents?
5. What are the barriers in the way of achieving that ideal experience?
a. What is currently being done, that you know of, to address these barriers?
b. How successful have those efforts been?
c. What is your role in addressing these barriers?
6. What suggestions do you have for addressing these barriers?
Equitable Service Delivery
4. How do you define equitable service delivery, as it relates to emergency response?
a. In what ways do the City’s systems, protocols, and organizational culture support equitable
service delivery? Organizational culture refers to the underlying beliefs, assumptions, values, and ways of interacting with colleagues. b. What challenges have you seen, if any, related to equitably serving residents from BIPOC groups?
c. What is currently being done, that you know of, to address those challenges?
d. How successful have those efforts been?
5. What is your role in addressing these challenges?
e. What do you need in your role to be successful?
6. What is something you would like the City to try in its efforts to serve communities equitably?
a. What would have to happen to this effort to be successful? Prompt: what supports,
resources, etc.?
Close
7. Is there anything else you’d like to share that we didn’t cover yet?
Eden Prairie Race Equity Report 72
Appendix F: Eden Prairie Race and Equity Project -
Internal Interview Questions (Connection to
Community)
Eden Prairie Race and Equity Project - Internal Interview Questions
Area of Inquiry: Connection to Community
Date of Interview:
Interviewee:
Interviewer:
Overview
I am an external consultant from DeYoung Consulting Services with no affiliations or special interests with the
City of Eden Prairie. The City would like to find ways to become more responsive to residents’ diverse needs and
to advance racial equity, diversity, and inclusion. This can be best done by reviewing its policies and procedures
and learning about the community experience. Given this need, Eden Prairie’s Human Rights and Diversity
Commission has begun a project that will assess its current systems and processes by conducting deep listening
with employees and community members. It is hoped that this process and its outcomes will create and
strengthen community relationships, encourage shared decision making and help to minimize disparities.
You have been identified as a staff member who can provide expertise and insights to help us with the study.
Our questions will focus on community involvement and influence, and community representation.
Your participation is voluntary; you can decline to answer any questions without giving a reason. The input you
provide will be combined with information we hear from others, in order to highlight common themes. We will
share those themes with the Human Rights and Diversity Commission and City staff who are leading this work.
We want to ensure your anonymity, so while I will record your name, please understand that the ideas you
share will not be associated with your name or listed in our report. Any quotes we use will be de-identified. If
you are worried about anything you may say or how I will use it, let me know. If you have a unique perspective
that is not common among others we interview, but that would be valuable to share, we will work with you to
find a way to share it to maintain the level of anonymity you desire. So, after hearing this, are you willing to
participate in this interview?
Recording makes it a lot easier to complete the notes as I cannot always take notes as quickly as I would like. We
will delete the recording immediately after the project is completed. Would it be okay to record this
conversation?
Questions
Intro/Warm-up
1. What is your role with the City, and what motivates you to keep working here?
Eden Prairie Race Equity Report 73
Community Involvement and Influence
2. What value has the City placed on gathering community insight, either directly from community
members or through partnerships with community leaders, to solve problems? How important is
it?
3. What, if any, communication channels or other avenues are available for the community to provide
their insight or give feedback to the City?
a. How well are those communication channels working?
b. What communication channels or other avenues are available to the community to provide
insight and feedback specifically about race, bias, diversity, inclusion, equity and other DEI
related issues?
c. How has the City typically processed and responded to any feedback received?
i. To what degree is this community feedback used to make decisions?
Community Representation
4. What value has the City placed on ensuring that City boards—City Council and city advisory
Commissions—represent the whole community?
5. To what degree do you believe that city boards—City Council and city advisory Commissions—
currently represent the whole community?
a. What, if any, individuals or groups are missing?
b. What would it take to reach desired community representation at the board level? Prompts:
communications, outreach, partnerships, changes in City structures, systems, culture
c. What role does your department or team play in helping the City move toward desired
community representation?
Close
6. Is there anything else you’d like to share that we didn’t cover yet?
Eden Prairie Race Equity Report 74
Appendix G: Eden Prairie Race and Equity Project -
Internal Interview Questions (Recruiting, Hiring and
Retention)
Eden Prairie Race and Equity Project - Internal Interview Questions
Area of Inquiry: Recruiting, Hiring and Retention
Date of Interview:
Interviewee:
Interviewer:
Overview
I am an external consultant from DeYoung Consulting Services with no affiliation or special interests with the
City of Eden Prairie. The City would like to find ways to become more responsive to residents’ diverse needs and
to advance racial equity, diversity, and inclusion. This can be best done by reviewing its policies and procedures
and learning about the community experience. Given this need, Eden Prairie’s Human Rights and Diversity
Commission has begun a project that will assess its current systems and processes by conducting deep listening
with employees and community members. It is hoped that this process and its outcomes will create and
strengthen community relationships, encourage shared decision making and help to minimize disparities.
You have been identified as a staff member who can provide expertise and insights to help us with the study.
Our questions will focus on recruitment and hiring, staff retention, an inclusive and equitable workplace, and
staff learning and development.
Your participation is voluntary; you can decline to answer any questions without giving a reason. The input you
provide will be combined with information we hear from others, in order to highlight common themes. We will
share those themes with the Human Rights and Diversity Commission and City staff who are leading this work.
We want to ensure your anonymity, so while I will record your name, please understand that the ideas you
share will not be associated with your name or listed in our report. Any quotes we use will be de-identified. If
you are worried about anything you may say or how I will use it, let me know. If you have a unique perspective
that is not common among others we interview, but that would be valuable to share, we will work with you to
find a way to share it to maintain the level of anonymity you desire. So, after hearing this, are you willing to
participate in this interview?
Recording makes it a lot easier to complete the notes as I cannot always take notes as quickly as I would like. We
will delete the recording immediately after the project is completed. Would it be okay to record this
conversation?
Questions
Intro/Warm-up
Eden Prairie Race Equity Report 75
7. What is your role with the City, and what motivates you to keep working here?
Recruitment and Hiring
8. How would you define a truly inclusive and equitable recruitment and hiring system?
a. In that truly inclusive and equitable system, what do you imagine job candidates,
interviewees and new hires to be saying and feeling as they navigate the system and
interact with City staff?
9. Can you describe the steps, or “touch points” in the process that an interested candidate
experiences as they apply, interview and accept an offer for a job at the City?
10. How would you compare the truly inclusive and equitable system to the current system you
described. What are the similarities and what is different?
a. What currently works well within the City to attract and hire a diverse and talented
workforce?
b. What are the greatest challenges or barriers you believe the City faces in recruiting and
attracting and hiring a diverse and talented workforce?
c. What ideas do you have for overcoming these challenges?
Staff Retention
11. What practices does the City have in place to retain staff?
a. What differences do you perceive, if any, in how successful the City has been in retaining
white vs BIPOC staff?
i. To what do you attribute those differences (if any)?
b. What, if anything, currently works well to retain BIPOC staff?
c. What, if anything, are the challenges related to retaining BIPOC staff?
d. [Assuming there are challenges] What would you like the City to try in its efforts to increase
retention of BIPOC staff ?
Inclusive and Equitable Workplace
12. How would you describe an inclusive working environment?
13. How would you describe an equitable working environment?
14. What existing City policies support and foster such a working environment?
a. What avenues does a City staff person have to report concerns of workplace discrimination?
Staff Learning and Development
15. What opportunities exist for City staff and leaders to learn and develop their own skills and
knowledge related to DEI concepts? Prompts: Unconscious bias training, opportunities to openly
discuss racism or other systems of oppression, resources related to institutionalized racism, racial
equity, etc.?
Eden Prairie Race Equity Report 76
16. To your knowledge, how much do staff and leaders participate in or otherwise take advantage of
those opportunities?
a. To what do you attribute the rate of participation?
17. To what degree have these efforts been successful? Please give examples.
18. What challenges has the City faced in successfully offering and implementing opportunities exist
for City staff and leaders to learn and develop their own skills and knowledge related to DEI
concepts?
19. What, if any, additional learning opportunities would you like the City to offer its workforce to
further develop its DEI awareness and related skills?
a. What is your role in advancing these efforts?
Close
20. Is there anything else you’d like to share that we didn’t cover yet?
Eden Prairie Race Equity Report 77
Appendix H: Eden Prairie Race Equity Initiative:
Virtual World Café Protocol for Community
Engagement (Community Member)
Eden Prairie Race Equity Initiative: Virtual World Café Protocol for Community
Engagement (Community Member)
Introduction
Thank you all very much for your time today. Your participation is very appreciated and we are
grateful. We also want to acknowledge that you all have the power to make positive change in the
well-being of our communities, and that is why we are here. My name is [ ]. We’re working
with the City on a Race Equity initiative. The purpose of this project is to find ways for the City to
become more responsive to residents’ diverse needs and to advance racial equity, diversity, and
inclusion (DEI). I am with the City’s Human Rights and Diversity Commission; we have been working
with the City of Eden Prairie to review policies and procedures with a DEI lens, and to conduct some
deep listening with city staff and community members to learn about their experiences.
You’ve been asked to participate as community members who have valuable insights to help us with
this project. You are not asked to be an expert in any area—we only seek your perceptions and
personal experiences. Our discussion topics will focus on the City’s emergency response, public
facilities, your connection to the City, developing future leaders, and your overall community
experience.
We’ll be using the World Café method today; it’s a way of organizing a meeting to get community
input. We will break into three virtual rooms, each with different discussion topics, and your small
group will rotate until you’ve visited all three rooms. The facilitator for each breakout room will
remain, as they will “own” and share the discussion notes for each small group to see and build upon.
Your participation is voluntary; you can decline to answer any questions. The input you provide will be
combined with information we hear from others, in order to highlight common themes. We will share
those themes with City leaders. We want to ensure your confidentiality, so the ideas you share will not
be associated with your name or listed in our report. Any quotes we use will be de-identified. If you are
worried about anything you may say or how I will use it, let me know. If you have a unique perspective
that is not common among others, but that would be valuable to share, we will work with you to find a
way to share it to maintain the level of anonymity you desire. So, after hearing this, are you willing to
participate in this session?
Do you have any questions before we get started?
Breakout Room Questions
Eden Prairie Race Equity Report 78
Breakout Room One: Emergency Response
During this session we’ll be talking about Emergency Response Services. Emergency response is when police, fire
fighters and medical responders respond to an unexpected or dangerous occurrence.
1. Based on your experiences and those of your neighbors and friends, what are your perceptions of
how Eden Prairie Police and fire fighters provide emergency response services? How do they
interact with community members, and in particular, with members of Black, Indigenous and
People of Color (BIPOC) communities? (Prompts: being respectful, building rapport and trust,
communication style, equity in who they stop or arrest, availability of resources to navigate the
system)
a. What works well?
b. What are some of the challenges?
2. If you could wave a magic wand, what would you change about how the police, fire fighters and
medical responders build trust between police and community members, especially from BIPOC
communities?
Breakout Room Two: Facility Program Accessibility and Culture, and Connection to the City
Facility/Program Accessibility
During this session we’ll be talking about your experiences utilizing public-facing City facilities. Facilities include
the City Center, Community Center, Art Center, Senior Center, Outdoor Center, parks, and other public-facing
facilities.
1. When you use Eden Prairie’s public facilities, such as the community center, parks, the Art Center
or other facilities, what has made those experiences positive? (Prompts: accessible buildings;
respectful customer service, diversity of programs, code of conduct for participants and enforcers)
2. What challenges have you faced when using those facilities? (Prompts: the reservation process,
interaction with City staff, experience at facilities themselves)
3. If you could wave a magic wand, what would you change to make sure the City provides an
excellent experience for you and your community as you use public facilities?
Connection to Community
Now we will talk about the relationship between the City and its residents. This includes how City leaders
represent residents’ diverse needs when making decisions, and how the City communicates with residents.
4. To what degree do you trust that the City has your interests at heart when making decisions that
might affect you and your family? (Prompts: how well the City Council and Commissions represent
you and your community’s needs, how your and your community’s feedback is heard and taken into
consideration)
a. What experiences have shaped that trust?
5. If you could wave a magic wand, how would the City build trust that the City Council and other
decision-makers understand and value your community’s needs when making decisions?
Eden Prairie Race Equity Report 79
Breakout Room Three: Community Experience and Developing Future Leaders
Community Experience
During this session, we’ll talk about the overall experience of Eden Prairie community members. This includes
how residents relate to one another and their experience with the Eden Prairie community as a whole.
1. Think about your regular interactions with people and places outside your home in Eden Prairie—
your neighbors, your place of worship, businesses you frequent, your children’s teachers, etc.
What factors go into creating an overall positive experience for you as a community member?
(Prompts: sense of belonging and being welcomed everywhere, discrimination, communication and
feeling connected to other community members)
2. What factors exist, if any, that take away from an overall positive experience?
Developing Future Leaders
Now we will talk about developing future leaders in Eden Prairie. This includes how the City can empower youth
and young adults as future leaders, educational equity, and building career pathways for youth.
3. What opportunities exist for youth in Eden Prairie to build leadership skills, or ways in which the City
empowers them to develop their career? (Prompts: student Commissioner program, school programs?)
a. If participants are unaware of opportunities: what opportunities do you wish were in place?
4. What barriers, if any, make it difficult for youth to build leadership skills or participate in career
opportunities?
Debrief (If Groups Finish at the Same Time)
Facilitator initiates a period of discussion with the whole group, sharing ideas and insights of all the groups.
Record concepts on flip chart paper.
Eden Prairie Race Equity Report 80
Appendix I: Eden Prairie Race Equity Initiative:
Virtual World Café Protocol for Community
Engagement (Community Organization)
Eden Prairie Race Equity Initiative: Virtual World Café Protocol for Community
Engagement (Community Organization)
Introduction
Thank you all very much for your time today. Your participation is very appreciated and we are
grateful. We also want to acknowledge that you all have the power to make positive change in the
well-being of our communities, and that is why we are here. My name is [ ]. We’re working
with the City on a Race Equity initiative. The purpose of this project is to find ways for the City to
become more responsive to residents’ diverse needs and to advance racial equity, diversity, and
inclusion (DEI). I am with the City’s Human Rights and Diversity Commission; we have been working
with the City of Eden Prairie to review policies and procedures with a DEI lens, and to conduct some
deep listening with city staff and community members to learn about their experiences.
You’ve been asked to participate as service provider who have valuable insights to help us with this
project. You are not asked to be an expert in any area—we only seek your perceptions and personal
experiences. Our discussion topics will focus on the City’s emergency response, public facilities, your
connection to the City, developing future leaders, and your overall community experience.
Your participation is voluntary; you can decline to answer any questions. The input you provide will be
combined with information we hear from others, in order to highlight common themes. We will share
those themes with City leaders. We want to ensure your confidentiality, so the ideas you share will not
be associated with your name or listed in our report. Any quotes we use will be de-identified. If you are
worried about anything you may say or how I will use it, let me know. If you have a unique perspective
that is not common among others, but that would be valuable to share, we will work with you to find a
way to share it to maintain the level of anonymity you desire. So, after hearing this, are you willing to
participate in this session?
Do you have any questions before we get started?
Facility Program Accessibility and Culture, and Connection to the City
Facility/Program Accessibility
During this session we’ll be talking about your experiences utilizing public-facing City facilities. Facilities include
the City Center, Community Center, Art Center, Senior Center, Outdoor Center, parks, and other public-facing
facilities.
Eden Prairie Race Equity Report 81
1. When clients or community members discuss using Eden Prairie’s public facilities, such as the
community center, parks, the Art Center or other facilities, what feedback have you heard
about what made those experiences positive? (Prompts: accessible buildings; respectful
customer service, diversity of programs, code of conduct for participants and enforcers)
2. What challenges have clients or community members expressed that they experience when using
those facilities? (Prompts: the reservation process, interaction with City staff, experience at facilities
themselves)
3. If you could wave a magic wand, what would you change to make sure the City provides an
excellent experience for your clients and community members as they use public facilities?
Connection to Community
Now we will talk about the relationship between the City and its residents. This includes how City leaders
represent residents’ diverse needs when making decisions, and how the City communicates with residents.
4. To what degree do you trust that the City has your client’s or community member’s interests at
heart when making decisions that might affect them? (Prompts: how well the City Council and
Commissions represent you and your community’s needs, how your and your community’s feedback
is heard and taken into consideration)
a. What experiences have shaped that trust?
5. If you could wave a magic wand, how would the City build trust that the City Council and other
decision-makers understand and value your community’s needs when making decisions?
Community Experience and Developing Future Leaders
Community Experience
During this session, we’ll talk about the overall experience of Eden Prairie community members. This includes
how residents relate to one another and their experience with the Eden Prairie community as a whole.
6. Think about the regular interactions that your clients have with people and places outside your
home in Eden Prairie—their neighbors, their place of worship, businesses they frequent, their
children’s teachers, etc. What factors go into creating an overall positive experience for them as
a community member? (Prompts: sense of belonging and being welcomed everywhere,
discrimination, communication and feeling connected to other community members)
7. What factors exist, if any, that take away from an overall positive experience?
Developing Future Leaders
Now we will talk about developing future leaders in Eden Prairie. This includes how the City can empower youth
and young adults as future leaders, educational equity, and building career pathways for youth.
8. What opportunities exist for youth in Eden Prairie to build leadership skills, or ways in which the City
empowers them to develop their career? (Prompts: student Commissioner program, school programs?)
a. If participants are unaware of opportunities: what opportunities do you wish were in place?
Eden Prairie Race Equity Report 82
9. What barriers, if any, make it difficult for youth to build leadership skills or participate in career
opportunities?
Emergency Response
During this session we’ll be talking about Emergency Response Services. Emergency response is when police, fire
fighters and medical responders respond to an unexpected or dangerous occurrence.
10. Based on your experiences and those of your clients and other community members, what are
your perceptions of how Eden Prairie Police and fire fighters provide emergency response
services? How do they interact with community members, and in particular, with members of
Black, Indigenous and People of Color (BIPOC) communities? (Prompts: being respectful,
building rapport and trust, communication style, equity in who they stop or arrest, availability of
resources to navigate the system)
11. If you could wave a magic wand, what would you change about how the police, fire fighters and
medical responders build trust between police and community members, especially from BIPOC
communities?
Eden Prairie Race Equity Report 83
Appendix J: Eden Prairie Equity and Inclusion
Survey (Summary Report)
Eden Prairie Race Equity Report 84
Eden Prairie Race Equity Report 85
Eden Prairie Race Equity Report 86
Eden Prairie Race Equity Report 87
Eden Prairie Race Equity Report 88
Eden Prairie Race Equity Report 89
Eden Prairie Race Equity Report 90
Eden Prairie Race Equity Report 91
Eden Prairie Race Equity Report 92
Eden Prairie Race Equity Report 93
Eden Prairie Race Equity Report 94
Eden Prairie Race Equity Report 95
Appendix K: Eden Prairie Equity and Inclusion
Survey (Results Disaggregated by Race)
Eden Prairie Race Equity Report 96
Eden Prairie Race Equity Report 97
Eden Prairie Race Equity Report 98
Eden Prairie Race Equity Report 99
Eden Prairie Race Equity Report 100
Eden Prairie Race Equity Report 101
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, DECEMBER 7, 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 Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Nicole
Tingley
Workshop - Heritage Rooms I and II (5:30) I. RENTAL LICENSING
City Manager Getschow provided an introduction to the presentation on rental licensing
noting that the purpose is to provide a briefing on the subject. He noted that there would be
some ordinance clean-up on rental licensing coming before the City Council in the next
month or two.
Chief Gerber stated that the presentation on rental housing and the rental licensing programs
would cover the areas of staffing, licensing, inspections, disorderly use, and ordinance
updates.
First regarding staffing, Gerber shared that the Fire Prevention Division carries out the rental
licensing program. This includes Assistant Chief of Training and Prevention Kurt Buchanan
and 4 Fire Inspectors. He noted that one full-time-equivalent of a Fire Inspector is funded
with rental housing revenue, but that all four Fire Inspectors work on the program. Gerber
added that the Building Inspection Division also contributes to the program. That division
includes the Building Official and four Building Inspectors.
Gerber shared a slide that outlined the areas of responsibilities of the Fire Prevention
Division. These are emergency response, permitting and licensing, inspections, code and
ordinance enforcement, public education, plan reviews, HUD/Environmental review,
hazardous materials storage and use compliance, and fire investigations.
Gerber provided a breakdown of the time allocation for the fire inspectors. Gerber stated that
25% of their time is spent relating to rental housing, 29 percent to new construction, 30
percent on existing buildings, nine percent on combination which includes follow-up and
other types of inspections, and seven percent related to firefighting.
City Council Workshop Minutes December 7, 2021
Page 2
Next, Gerber gave an overview of the licensing process. He stated that the rental housing
licensing program includes multi-family housing and single-family housing established
within two sections of city ordinance: sections 5.72 and 9.11. Gerber explained that today the
license year is January 1 to December 31, but that will be changing from February 1 to
January 3. This is so that the following years fees can be captured as the fee schedule is
approved by the City Council each December.
Gerber stated that today new rental licenses have to be done through a paper process. A new
applicant fills out the form and send it in, the City processes it, the applicant pays the fees,
and then the license is issued.
Mayor Case asked the rental license ordinance stipulates a percentage of the year to mitigate
the short-term vacation rental issue. Gerber responded that the City is not doing short-term
vacation rental licensing clarifying that if someone wants to rent out their home for any
amount of time they have to pay for a license for the whole year.
Gerber shared that the renewal process for rental housing licenses can be completed by paper
or electronically. In the electronic process the new license is automatically sent at the end.
Councilmember Freiberg asked if the license must be displayed on the property. Gerber
replied yes.
Councilmember Narayanan asked why there is a manual process. Gerber explained that they
have to do it this way with the current systems they have. They are bound by LOGIS which
is the IT consortium the City is a part of. Buchanan added that with the electronic system the
license is issued right away and with a new license they want to inspect the property before
the license is issued.
Councilmember Nelson inquired if you can use a rental housing license for short-term rentals
like Air BNB. Gerber stated that the rental housing licensing program is not promoted for the
purposes of short-term rentals, but there is no stipulation on how long a rental must be.
Buchanan added that he does not see anything in the ordinance that would prohibit short-term
rentals with a license.
Case asked if the City has incorporated short-term rental issues into the city code. Getschow
responded that the City has not. He added that every now and then he will do an analysis of
other cities and also check to see which properties on a short-term rental sites like Air BNB
and VRBO. He stated that at this time there are not many Eden Prairie homes on these sites.
Case commented that regulation does not need to be done immediately, but this is something
the City should keep close tabs on.
Freiberg asked if there are people renting in the City without a rental license. Gerber
answered that he believes there are. Buchanan estimated that it is less than five percent. He
City Council Workshop Minutes December 7, 2021
Page 3
explained there are 60 properties that had licenses in the past, but they are having trouble
finding current owner information. These property owners may be renting, but they also may
not be.
Case asked for clarification if a property owner rents out their property only a few times a
year or even once if they need a license. Gerber and Buchanan responded yes and stated that
there are likely people doing that without a license. Councilmember Toomey asked if it
because they do not know. Gerber responded that could be the case.
Nelson asked if property owners can rent out their basements. Buchanan stated that they can,
but they need to be licensed the exception being if it is family. The issue is they only find out
by someone telling them. Sometimes a clue can be if the property is not homesteaded.
Building Official Kevin Schmieg clarified that there needs to be an exchange of money or
services to be a rental. For example, a gardener living in your home would require a rental
license. He also explained there needs to be continual access between the lower and upper
levels of a single-family home. If not, then it would be considered a duplex.
Gerber continued the presentation by explaining that Section 9.11 of the rental housing
ordinance entails of owner and occupant responsibilities as well as occupancy requirements
and standards including both interior and exterior.
Gerber then discussed fees. He stated that the current fees are $60 for single-family and $60
per building plus $11.25 per unit for multi-family housing. Gerber showed a table of other
surrounding cities with their rental licensing fees and stated that Eden Prairie is charging
significantly less. He explained that Minneapolis and St. Paul also charge and additional fee
per inspection. Gerber stated that for 2022, fees are proposed to increase to $80 for single-
family and $80 plus $12.75 per unit for multi-family housing. Narayanan asked when the last
time the fee was changed. Schmieg responded that it is typically changed every two years.
Case inquired why Eden Prairie’s fees are so much lower compared to the other cities.
Gerber answered that each city’s program is different. For example, Minneapolis and St. Paul
have separate rental inspection staff that do detailed rental inspections, so their costs are
different. When Eden Prairie’s program was put into place, it was designed to be cost neutral.
Gerber views lower fees as a good thing. Narayanan commented that it could also be an
incentive for developers.
Gerber displayed the actual rental housing revenue amounts for the years 2018 through 2020,
the estimated revenue for 2021, and the forecasted revenues for 2022 and 2023. Gerber noted
that the revenues in the 140 thousands for 2018 through 2020 meets the target of the program
as the cost of a full-time equivalent fire inspector is approximately $130,000.
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Page 4
Next in the presentation, Buchanan outlined what an inspection for the rental housing
program looks like. Buchanan prefaced that education and prevention are the goal of the
program. For single-family units are inspected once every five years and the focus is on
resident life safety. Case asked if inspections are always announced. Buchanan said they
typically are and added that they use the police department if needed to gain entry. If there
are concerns, then a unit will be inspected annually. The City has approximately 1,600
single-family rentals.
Freiberg questioned if every five years for an inspection is enough. He commented that
increasing the fee to anything under $100 may be able to increase how often an inspection is
completed. Buchanan explained that they do adjust how often inspections occur based on
complaints and what inspectors see while driving by. The majority of single-family homes
are inspected once every five years.
Buchanan then discussed inspections for multi-family rental housing. He noted that one of
the focuses is inspecting the building common spaces which includes fire protection systems.
They also inspect fiver percent of the units also adjusted based on findings. Non-sprinklered
buildings (17) are inspected annually, and sprinklered buildings (192) are inspected every 2
to 3 years.
Buchanan summarized the common elements of an inspection. The first things checked are
the size and location of numbers on the building, ability to access the building and fire
protection systems through a key-audit, and the ability to get water to the building. Alarm
systems are also checked to make sure annual testing and maintenance requirements have
been met. Buchanan provided an overview of a new system added in 2019 called Compliance
Engine. This system for contractors to enter maintenance and testing information which goes
to the owners as well as the Eden Prairie Fire Department as well as provided notifications on
items past-due and deficiencies. Owners pay a $15 charge per “element.” Buchanan added
that it also helps find the most up-to-date owner contact information.
Nelson stated that she believed that the fire inspectors were going into every unit of a multi-
family building. She inquired how the City is making sure that the units have working
appliances, heat, air conditioning, no mold, etc. Buchanan confirmed that the City does not
inspect every unit and that it would take more resources. There are simply too many units.
Getschow stated that there are not any cities that inspect every rental unit. The inspectors
pick the sampling of the rooms which provides a good indication for the condition of the rest
of the building. This is separate from complaints. Buchanan added that there are certain
buildings they complete inspections on more often. Freiberg commented that he shared the
same concerns as Nelson and because other cities do not inspect every unit it does not make
it right or wrong.
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Page 5
Case commented that he did not know of any issues that had been attributed to a single unit.
He has heard more general issues like flooding in a certain part of the building or not
changing carpet enough. He commented that the current practice is adequate, but we need to
advertise to renters what they need to do if there is a problem with their apartment. Buchanan
shared that the department also uses Home Line which helps solve disputes between
landlords and tenants. Freiberg commented that the City needs to do a better job on
communicating how to report issues and make sure people are comfortable as they often feel
awkward and intimated to report issues. He stated that better communication on reporting
and follow-up would help his concerns.
Narayanan commented there needs to be a statistical analysis applied to what is inspected. He
stated that if problems are found in the initial units inspected then there should be a method
to determine how many more to inspect.
Nelson commented that she has heard that there are buildings in which if tenants complain
then the landlords will kick them out. There can also be the fear of this so tenants do not
complain about issues.
Buchanan continued by sharing more inspection components. For inspecting sprinkler
systems, he stated that they make sure they are tagged, there is no corrosion, no leaks, the air
compressors are being maintained, unobstructed, and extra sprinkler heads available. Fire
extinguishers need to be visible, unobstructed, and have annual maintenance tags. Regarding
fire escapes and egresses, fire doors need to close and latch as well as they should not be
propped open or blocked. For smoke and carbon monoxide alarms, they check the location,
age, and operation. Electrical hazards are a common finding and include broken fixtures,
overloaded circuits, and receptacles that are not secure or do not have covers. He stated that
by state statute and code, for rentals, electrical repairs must be made by a licensed contractor
including single-family home rentals. Furthermore, they walk around the building to make
sure there are not any grills on decks and balconies as open flames are prohibited on them.
He noted that the majority of property managers are very good at enforcing that. One
challenge is educating people on improper cigarette disposal. For water leaks they will order
water leak remediations. Concerning mold, the inspectors are not experts so instead a third-
party expert evaluation is ordered, and remediation based on the expert’s findings.
Inspections are not completed for grading.
Buchanan outlined impacts of the rental inspection program which include reduced fire loss
overall, reduced fire loss at unsprinklered buildings, increased safety and quality of life for
residents.
Gerber continued the presentation by talking about rental housing complaints. He stated that
the department receives complaints on maintenance, mold, landlord and tenant issues, and
disputes. He showed bar graphs that depicted the number of complaints received divided by
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Page 6
single-family housing and multi-family housing for the years 2019, 2020, and 2021. He noted
the number of complaints was higher in 2021 than the other years not only because there are
more complaints, but they have done a better job internally of how they track them.
Gerber covered enhancements they are planning for the program. The first is mobileEyes
which is a mobile software that will allow inspectors to do electronic inspections. Tablets and
equipment have been acquired and configured. They are working on implementation
currently and are hoping to go live in 2022. Additionally, ePlan review is currently being
implemented.
Gerber shared additional data regarding the program. The first was a bar graph showing the
number of licensed rental units by single-family housing and multi-family housing for the
years 2014 through 2021. In 2021, there are 7,420 residential rental units in total. Including
businesses rental units there are approximately 10,000 inspectable units in the City. Gerber
then displayed a bar graph with the anticipated rental unit growth. They estimate over the
next 3 years based on current and projected projects an additional 2,216 residential rental
units. Next, Gerber shared data regarding license and permit compliance. They have seen
improvements regarding not only rental license compliance, but also hazardous materials
permit compliance. As of the end of October 2021, they have completed 2,276 inspections.
This is comprised of 809 business inspections, 740 rental inspections, and 727 of all other
types. The other types include hood and duct type inspections and follow-up inspections.
Narayanan asked about the fee for business inspections. Gerber responded that there is not
currently a charge for business inspections. Freiberg followed up with asking why. Gerber
stated that he believed it was not something that had been discussed or directed. Schmeig
talked about the progression of the inspection program pointing out the order of building
inspections, then rental, then exterior maintenance, then rental licensing, then point of sale,
then change in occupancy.
Case asked how often business inspections are complete. Buchanan answered that businesses
are on a three-to-five-year tier depending on priority. All Hazmat high levels have
inspections annually. Based on the conversation, City Council direction was provided to
come back to the City Council with more information on how other cities charge for business
inspections and what it would look like if the City of Eden Prairie did. Case stated that it did
not have to be completed right away noting mid next year as a timeline. Buchanan added that
out of 3,000 businesses, there are 200 businesses that are charged a Hazmat permit fee.
Nelson asked what types of businesses are Hazmat. Buchanan answered that some examples
are fueling and those with diesel generators or refrigerator systems. He noted that the
businesses get rated on a tier system
City Council Workshop Minutes December 7, 2021
Page 7
Narayanan inquired about the possibility of self-inspections in that the business has their own
qualified individual complete the inspection and report the findings. Buchanan replied that
through their education process they find a lot of businesses without any issues.
There was not enough time to cover the disorderly use and ordinance update sections of the
presentation. Gerber stated they could come to another workshop. He stated that in January
the Fire Department will be proposing code changes to improve the program.
Narayanan requested learning how many paper processes the City still has, what they are,
and how the City plans to automate. Case agreed it would be interesting for the City Council
to hear. Getschow responded that there is very little left noting that you can register for all
parks and recreation programs, apply for building permits, and pay your utility bill all online.
Case stated it would be beneficial to have a brief update of what’s left and plans for progress
each year.
Nelson stated that she has heard that there is machinery that can detect mold. She requested
for the Fire Department to look further into it as a possibility.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 7, 2021 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Dan Gregerson I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM FRIENDS OF BIRCH ISLAND WOODS FOR IMPROVEMENTS WITHIN THE BIRCH ISLAND WOODS CONSERVATION AREA (Resolution No. 2021-92) Lotthammer stated the donation is a great example of a grassroots organization which originated about 20 years ago. Over the years, they have cared for and enhanced properties within Eden Prairie. The City has benefited from their work. They are looking to dissolve the entity and donate the remaining funds to the City. The Resolution talks about using the funds within the conservation area. Case asked if the funds would be a dedicated line item. Lotthammer confirmed the funds would be a dedicated line item. Mayor Case noted he had worked with the group since its inception. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2021-92 accepting the donation from the Friends of Birch Island Woods to be used for Improvements within the Birch Island Woods Conservation Area.
CITY COUNCIL MINUTES December 7, 2021
Page 2
Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Nelson, to approve the agenda as published.
Motion carried 5-0.
VI. MINUTES
B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 16, 2021
C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2021 MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of
the Council workshop held Tuesday, November 16, 2021, and the City Council
meeting held Tuesday, November 16, 2021, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE FIRST AMENDMENT TO FLYING CLOUD COMMONS DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION NO. 2021-93 DESIGNATING POLLING PLACES FOR 2022
D. ADOPT RESOLUTION NO. 2021-94 APPROVING DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 20 OF CITY OF EDEN PRAIRIE
E. APPROVE EXCLUSIVE LISTING AGREEMENT WITH AVISION-YOUNG REAL ESTATE COMPANY
F. ADOPT RESOLUTION NO. 2021-95 ACCEPTING VARIOUS DONATIONS AND IN-KIND CONTRIBUTIONS
G. ADOPT RESOLUTION NO. 2021-96 PRELIMINARILY AUTHORIZING THE ISSUANCE OF SEPARATE HOUSING
REVENUE BONDS FOR TWO RE EQUITIES MULTIFAMILY HOUSING DEVELOPMENTS
H. APPROVE FUNDING RECOMMENDATIONS MADE BY THE
CITY COUNCIL MINUTES December 7, 2021
Page 3
HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL
SERVICE PROVIDERS FOR 2022 AND 2023 I. AWARD BID TO HULS BROTHERS TRUCKING INC. FOR LIME RESIDUALS HAULING AND DISPOSAL FOR THREE YEARS J. AWARD CONTRACTS FOR 2022 WATER TREATMENT CHEMICALS K. DECLARE SQUAD #233 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE L. APPROVE ENCROACHMENT AGREEMENT INTO PRAIRIE CENTER DRIVE RIGHT-OF-WAY FOR PARAVEL M. APPROVE PURCHASE OF 2022 FORD TRANSIT VAN FOR PD NEGOTIATIONS IN CAPITAL IMPROVEMENT PLAN N. APPROVE AMENDMENT TO 2019 CLEAN WATER FUND WATER EFFICIENCY GRANT TO ACCEPT ADDITIONAL FUNDS FOR WATER CONSERVATION REBATE PROGRAM O. ADOPT RESOLUTION NO. 2021-97 APPROVING 2022-2025 RESIDENTIAL WASTE REDUCTION AND RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY
P. APPROVE AMENDMENT TO AGREEMENT WITH STANTEC, INC. FOR 11579 WELTERS WAY EROSION REPAIR
Q. AUTHORIZE AGREEMENT WITH USDA FOR DEER MANAGEMENT PROGRAM
R. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION DOCUMENT PREPARATION FOR NESBITT PARK SPLASH PAD MOTION: Toomey moved, seconded by Narayanan, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. OLYMPIC HILLS GOLF CLUB STORAGE ADDITION by Aulik Design Build. Resolution for Site Plan Minor Amendment Review on 82.31 acres (Resolution No. 2021-98 for Site Plan Minor Amendment Review)
CITY COUNCIL MINUTES December 7, 2021
Page 4
Getschow stated the applicant recently received City Council approval for an
exterior façade remodel of the current clubhouse building. However, the
applicant realized they need an addition for more storage. The vast majority of
the plan is the same, but they need an amendment to account for increased
storage.
Charlie Peterson, Architect with Aulik Design Group working on the project,
stated they needed to add 400 square feet on the back of the current storage
building to create more storage for the property.
Case stated the request was rather perfunctory.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Toomey, to close the public hearing,
and to adopt Resolution No. 2021-98 for a Site Plan Review on 82.31 acres. Motion carried 5-0.
B. SHUTTERFLY by Tempus Eden Prairie, LLC. Resolution for Planned Unit
Development Concept Review on 16.2 acres; First Reading of Ordinance for
Planned Unit District Review with Waivers on 16.2 acres (Resolution No. 2021-99 for PUD Concept Review, Ordinance for PUD District Review)
Getschow stated the applicant is requesting approval to demolish an existing
office building at 11000 Viking Drive. The property is located north of I-494
and south of Lake Smetana. The property is zoned and is guided for Office
use. The applicant is requesting a Planned Unit Development waiver for
impervious surface coverage. Shutterfly is the current tenant of the site. The
proposed alterations to the site are being requested to better meet Shutterfly’s
needs. Getschow noted the applicant was at the meeting with a presentation
for the Council.
Terry Helland, representative of RSP Architects and member of the design
team, stated the project approach is creating a path forward for Shutterfly to
use the building. He noted it was originally a building used by LifeTouch.
The proposal consolidates the existing campus and solves some of the parking
challenges which is well below average suburban office standards. They will
be introducing new green space with native grasses and plants as well as
reducing the pressure on the stormwater management system by introducing
more permeable surface area.
Helland stated the consolidation is to make better use of the spaces as many
offices remain unused. The connected building would be enhanced with a
canopy, and they will extend the pedestrian connection and bike path along
CITY COUNCIL MINUTES December 7, 2021
Page 5
Viking Drive. Finally, there will be parking lot improvements to bring the
parking up to a current standard.
Helland explained the ownership team and design team are seeking several
waivers to City Code for the project. He showed a slide with an overhead
photo of the property and proposed landscape plans. The new green space
provides a patio for the tenant. From the street, there will be a better view of
the campus.
Helland stated the biggest challenge with the current campus is the parking
ratio. It was originally approved at 2.8 per thousand and will be increased to
almost five per thousand. He showed a slide with the proposed pedestrian path
and bike path along Viking Drive and renderings of the proposed facades and
landscaping.
Case stated it seems pretty straightforward, albeit unique to take down a
building. Nelson thanked Helland for the thorough presentation and noted it
answered most of her question.
Narayanan thanked Helland for the long-term lease in Eden Prairie and the
additions of the bike path and greenery. He asked if they plan to put any
charging stations in the parking lot. Helland stated there are presently no plans
to include charging stations. Narayanan asked why, and Helland stated it
hadn’t been part of the project.
Karen Frey, representative with Shutterfly, stated there is not an immediate
need for a charging station, but they plan to have some down the line. They
plan to do special parking for carpooling. Case noted they will have proximity
to the new transit station.
There were no comments from the audience.
MOTION: Toomey moved, seconded by Freiberg, to close the public hearing,
to adopt Resolution No. 2021-99 for a Planned Unit Development Concepts
Review on 16.2 acres, approve the first reading of an Ordinance for Planned
Unit Development District Review with waivers on 16.2 acres, and direct Staff
to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions. Motion carried 5-0. C. THE ELLIE by United Properties. Resolution for Comprehensive Guide Plan
Change from Low Density Residential and Industrial Flex-Tech to Medium High
Density Residential on 6.4 acres; Resolution for Planned Unit Development
Concept Review on 6.4 acres; First Reading of Ordinance for Planned Unit
Development District Review with Waivers and Zoning Change from R1-22 and
1-2 to RM-2.5 on 6.4 acres; Resolution for Preliminary Plat of seven Parcels into
CITY COUNCIL MINUTES December 7, 2021
Page 6
one Lot and one Outlot on 6.4 acres (Resolution No. 2021-100 for Comprehensive Guide Plan Change, Resolution No. 2021-101 for PUD
Concept Review, Ordinance for District Review with Zoning Change, Resolution No. 2021-102 for Preliminary Plat)
Getschow stated the applicant, United Properties, is requesting approval to
construct a 239-unit apartment building at Lincoln Lane. The property is
located on the east side of Eden Prairie Road about one quarter mile south of
Highway 5. The property is just north of the historic Smith Douglas More
House and the Applewood Pointe development. The total project site is 6.4
acres and involves the redevelopment of seven single family homes around
Lincoln Lane and the removal of the street. There are industrial uses to the
north and east, commercial and residential uses to the south and residential to
the west. The applicant is proposing to raze the single-family homes and build
a 349,800 square foot apartment building. The proposal includes a 4-story
building over one level of underground parking.
Scott Peterson, representative of United Properties, noted the real estate
development firm is based in Minneapolis and St. Paul and has been around for
numerous years. They develop an array of site types and have developed
properties in Eden Prairie before. He noted Staff had been great to work with
on the project.
Matt Johnson, architect with DRL Group, showed a slide with a proposed
rendering of the outside of the building. Nathan Kaye, designer with DRL
Group, explained everything in the building is tied back to Eden Prairie. For
example, the name of the building was chosen as homage to the woman
credited with giving Eden Prairie its name. Elizabeth Fries Ellet was an author
from the east coast who visited Eden Prairie, and, in her book, “Summer
Rambles in the West” she wrote about the area being the garden of the prairie
land.
Johnson showed an overhead photo of the site. He explained the building will
include a variety of unit types making up the 239 units. There are 404 parking
spots, and there is a large courtyard of usable and open space. They hope to
align the intersection and add a turn lane to create a safer area. As for
sustainability, they plan to preserve 16 significant trees, install multiple electric
vehicle charging stations, use stormwater recapture for watering the gardens,
build a green roof, incorporate native plants, and use higher density housing to
reduce urban sprawl. Most importantly, the site does include several
affordable units.
Johnson showed an image of the proposed site plan. Since meeting with the
Planning Commission, they did add a screening fence along the east property
line. Johnson showed a rendering of the open usable courtyard which would
CITY COUNCIL MINUTES December 7, 2021
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include a pool, pickle ball court, bocce ball court, culinary garden bets, an
outdoor kitchen, a playground, and more amenities.
Kaye noted the material palette was pulled from existing buildings in Eden
Prairie which includes masonry, natural colors, and an accent of darker colors.
He showed a slide of the proposed external materials.
Johnson continued the presentation by showing other renderings of the site. He
noted the native plants they plan to incorporate in the landscaping and green
roof. Case asked about the watering, maintenance, and upkeep for the green
roof. Johnson stated it is low maintenance after it is established. It is watered
ahead of time, but it is designed to be mostly self-sustaining overall. There
would need to be minor weeding to care for the green roof. Case asked how
the green roof would be accessed. Johnson explained it could be accessed by a
lift from the ground below and noted it was not accessible from within the
building.
Nelson asked what percentage of the property are affordable units. Peterson
stated they are working with the Housing and Redevelopment Authority on
those details, but they are planning on 20 percent of the units being affordable
units at 50 percent of the area median income. Nelson asked if the affordable
housing would be spread across the different types of units. Johnson stated the
affordable housing is split and prorated across a mix of units available in the
building.
Toomey asked if there will be a fence on the north side of the building near
Birchwood Labs. Toomey noted Birchwood Labs had a concern about tenants
crossing through their property to access Dairy Queen. Johnson stated they did
put a fence on the north side originally, but Staff requested they remove it
because it was inside of an easement. Toomey asked if they could plant trees
on the north side.
Klima stated some of the initial plans showed a dog run on the area. An outlet
is being created to preserve a potential future road connection to Eden Prairie
Road. Therefore, Staff asked for the dog run to be removed from the north side
of the property. She noted the dog run included a fence which was within the
easement area. Case asked if a fence could be placed in a different spot to stop
people from crossing the property to access Dairy Queen. Klima stated Staff
could look at alternatives later on and perhaps the fence could be located south
of the outlot. She added the Staff could discuss the concerns before the second
reading.
Toomey asked how the developers were going to reuse materials from the
homes they will take down, as noted in the proposal. Peterson stated there are
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organizations which salvage those materials. For example, Habitat for
Humanity has reused cabinetry from previous sites.
Freiberg noted there is a concerned homeowners association across the
intersection from the proposed site. He stated there is a lot of traffic pressure
on Eden Prairie Road. Peterson stated the current traffic light is oversized for
the current set up. The City’s traffic study shows the traffic light will operate
at an acceptable level of service and should be through 2030. Peterson stated
the plan includes a turn lane to help residents get into the site and widening the
intersection to better align with the street. Additionally, the parking on the
west side of the site does not face across Eden Prairie Road. Freiberg stated it
can be difficult to turn left onto Eden Prairie Road and explained the City
cannot do much as it is a County road. The light backs up traffic all the way to
a nearby school.
Case asked if Freiberg was concerned about the 400 additional cars frequenting
the traffic light and its impact in relation to school traffic. Freiberg confirmed
Case’s clarification. He added the right turn lane has potential to mitigate
those concerns.
Peterson stated the City’s traffic report showed the traffic light is acceptable
and will continue to be acceptable for the foreseeable future. He added the
developers liked the site because there is already a light on the intersection as it
adds safety for their potential residents. Case stated there is a site near
Menards which will potentially an apartment building. If the space does get
developed, they have a more difficult intersection. It is a better situation in the
current proposal than other sites in Eden Prairie.
Donald Hanson, 7936 Timber Lake Drive, explained he is a resident who lives
across the street from the proposed development. He stated he went to the
Planning Commission and gave a presentation to them about natural beauty.
He met with an architect on the project, and the architect stated they would
consider a natural beauty site. After all, the word “eden” means natural beauty,
and “prairie” includes natural elements. However, the architect did not take his
comments into account. He explained black is not a natural color, and the
building should be complementary to the sky which would be earth tones.
Hanson explains he is concerned about the colors of the exterior. He added
Applewood Pointe, the neighboring development, nailed the colors of the earth
tones. Case thanked Hanson for his comments and added he was leaning in his
favor.
Scott Malmsten, 16309 Lincoln Lane, stated he is one of seven residents of the
potential building site. He pointed out there were a few more residents in
attendance from the seven current residences. He stated Applewood Pointe is a
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great addition to the community and explained the project was a reason why
the current residents wanted to go with the same property group. Malmsten
noted the developers included electric vehicle charging stations in the proposed
plans.
Mark Thieroff, representative of Birchwood Labs, stated the developers added
a privacy fence on the east side at their request, but it turns the corner at the
north side and stops. Thieroff explained they would like the fence to continue
on the north side. He added a planned unit development is a give and take and
the developer is asking for rather substantial waivers, so they would encourage
the Council to use its authority to ensure a fence on the northern side of the
property.
Case asked Staff to speak to the viability of a fence on the northern side. Ellis
stated the outlot on the north site of the property will ultimately be possessed
by the City to be used as a potential road. Therefore, Staff does not want the
fence to be on City property. There is also a drainage and utility easement, and
the City prefers to keep those free and clear of any obstructions. The developer
would have to move the fence ten feet south of their property line which is
where the parking lot would start. The developer would have to see if they
could fit both a fence and parking in the area. Case asked if the fence could be
a couple of feet off the parking curb. Ellis stated the parking lot goes right up
to the easement line.
Case asked if the City could allow the fence on the easement. Ellis stated the
City could allow the fence, but someone would have to remove the fencing
someday. This would create the issue of who is responsible for removing and
reinstalling the fence. Considering a fence would have to be replaced down the
line anyways, is there a planning use of the easement or northern portion of the
property sooner than ten or fifteen years. Ellis stated he would prefer for the
developer to attempt to place the fence on their side of the property. If the
parties have exhausted all options, then there could discussion about putting a
fence on the easement. Case thanked Ellis for looking out for the best interests
of the City. He asked if there could be a compromise where both Staff and the
developers could give up a foot or so. Ellis confirmed Staff could consider
such a compromise.
Ann Berne-Rannow, 17150 Cedar Crest Lane, stated she drives on Eden Prairie
Road all of the time. There are ten stop lights between her house and the
Community Center, and having a more frequented traffic light there would
impact her. It is a tough commute up and down Eden Prairie Road, and more
traffic creates more issues. She stated the traffic light does not seem like it
could handle so much more traffic.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing.
CITY COUNCIL MINUTES December 7, 2021
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Motion carried 5-0.
Freiberg noted one of the trees to be removed is 795 caliper inches. He added
he is not a fan of the cash in lieu of option for tree removal. He noted some of
the beautiful trees on the proposed site, and he would like further consideration
to save more of the trees in the area. Freiberg asked if there is an alternative.
Klima stated saving trees becomes challenging on the site as it is a majority
parking lot. She added one of the proposed waivers is in regards to the
landscaping requirements. City Code allows the opportunity for the tree
replacement to be done as a cash in lieu of option, a change the Council
enacted a few years ago in response to problems at infill sites or overgrowth.
Looking at the total number of caliper inches provided on the site, it would
exceed the required amount by City Code.
Nelson thanked Klima for the clarification on the trees and noted her
appreciation of the landscaping. She added she likes the planned outdoor
amenities for the unit, especially post-COVID-19. Nelson asked if there was
enough space between the Smith Douglas More House and the edge of the
proposed site. Klima stated the plan does meet the setback requirements for
the zoning district.
Case asked if the Council pushes back on the design, what kind of flexibility
does it have at the current point in the process. Klima stated if there are
specific recommendations by the Council, Staff can work on the input with the
developers before the second reading. The proposed building materials do
comply with the building material requirements. Case stated the Council are
not design experts, but it does represent the people of the City. He is not
asking for a complete redesign but for something still remarkably different.
Klima stated Staff has worked with developers on similar requests in the past
between the first and second reading, so Staff can do something similar for this
proposal.
Narayanan asked if they are going to have charging stations. Toomey stated
they are going to have twelve charging stations. Narayanan stated he was
pleased with the amount of charging stations. Case thanked Narayanan for his
continued persistence in relation to charging stations.
Toomey asked when the traffic study was completed and noted COVID-19 has
affected traffic. Ellis stated the City used pre-pandemic traffic volumes and
inflated the numbers up to 2030. The analysis indicated the intersection would
be a consistently high level of service. Ellis noted the City is looking at traffic
problems at the intersection of Eden Prairie Road and Highway 5 and
resolutions for the issue which is causing spill back issues at neighboring
intersections.
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Freiberg thanked Ellis for his clarification. Nelson stated the black and white
comes with a very modern, and she would prefer for it to look more like the
Smith Douglas More House than the storage building. With some color
changes, it could be perfect.
Case thanked the developers for honoring Eden Prairie’s history in the naming
of the building. He noted it would be helpful to have a plaque with the same
information in the lobby. Case stated the building feels stark and commercial,
likely due to the white panels. Applewood Pointe did a better job of
representing the gables of homes in the area. Case noted his preference for the
varied decks. Additionally, he noted the brown and black seems very dark for
the exterior.
Getschow stated the developer may have a response to the color question.
Peterson stated they are looking at over one acre of green space in the plan.
Additionally, they are planning to plant eleven trees at Applewood Pointe.
Peterson explained they spent a lot of time designing the exterior, reviewed
Hanson’s presentations, completed a site walk, and met with people from
Smith Douglas More House. He noted there is no white anywhere on the
project, and the colors they chose are primarily earth tones. As for the parapet
roof, it is economically difficult to do a gabled roof with affordable units with
the scale of the building. The parapet is a nod to the gable roofs and a step
away from a straight line roof. Additionally, the color palette does
complement the sky.
Case asked if the rendering on the presentation, which appeared white, is
actually the tan color on the sample materials board. Kaye stated the rendering
is meant to depict direct sunlight hitting the building. He explained the darker
gray panels would be only on certain vertical portions of the building while the
majority of the exterior would be tan and light gray. Case stated the cream
portion of the building still looked industrial and cold rather than warm like
Applewood.
Toomey asked about the lighter color not shown on the panel. Kaye stated
there are only two colors of fiber cement being used, neither of which are
white.
Case explained the Council has to live with the decision for quite some time.
He noted the Council’s comments are somewhat subjective, but it would like
for it to be slightly altered and more pleasing. Toomey added it is a large
building and large project which will be in Eden Prairie for many years to
come. She stated she would like for there to be more character. Case added he
was fine with the colors, but he agreed it could use more character. He
proposed there could be more stonework or another material on the verticals.
The parapet adds to the starkness of the building.
CITY COUNCIL MINUTES December 7, 2021
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Nelson stated the parapets do not bother her. She stated she does not want the
building to look old-fashioned, but she believed it would be nicer if there was
more blending. She encouraged the developers to look more at buildings in the
area.
Case asked Klima to bring back a few possibilities for the project with
potential costs for the second reading. Freiberg asked if Case was asking for a
color change or a total redesign. Case stated he was talking about color but
would like other possibilities for the roof line.
Nayaranan stated it looked like there was too much cream and there needed to
be more detail. Freiberg stated it does not bother him the same way it bothers
Case. He noted his approval of new color proposals, but he doesn’t see merit
in a total redesign. Nayaranan stated he supports the idea of affordable
housing and is excited about the green roof. He appreciates the charging
station and the community space in the center of the development.
Nelson stated she was not looking for a complete redesign but taking another
look at the color and material choices would be wise. She explained she likes
the project overall and the green elements. Overall, the change doesn’t need to
be drastic.
Peterson stated he supports a fence on the north end of the site and would like
to see a fence on the northern property line. The developers have looked at
putting a fence past their proposed curb, and it is incredibly difficult. It would
negatively impact snow removal, the green space area, and the residents. It is
an easier decision to have it on the property lines in terms of working with the
neighbor. Overall, it would be clearer to have a fence on the northern property
line.
Case asked what the ramifications would be of no fence on the north side.
Klima stated the concern expressed by Birchwood Labs and its representatives
is having their property be a shortcut for access to commercial uses farther up
on Eden Prairie Road. There is a designated trail to access those facilities, but
the City cannot ensure people will not take a shortcut. The eastern property
line divides land on the proposed site and undeveloped land owned by
Birchwood Labs. The northern property line divides land on the proposed site
and developed land owned by Birchwood Labs. The developed land to the
north could discourage shortcuts.
Case asked Staff if there was an option for a fence on the north property line
which could be easily removed in future years. Ellis asked if the question was
referring to the building of a fence on the developer’s land or on the City’s
oulot.
CITY COUNCIL MINUTES December 7, 2021
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Peterson stated the fence would be on the other side of the outlot. He
explained they have worked extensively with the City in regards to the outlot.
Ellis stated he does not know if the City has allowed a private fence to be built
on public property before.
Toomey suggested the developer plant bushes and put up a sign warning
people against trespassing. Ellis stated he does not see a huge need for a fence
or barrier on the north side of the proposed development. The argument saying
people may use the northern property as a shortcut rather than the adjacent trail
doesn’t make sense.
Mike Shelton, CEO and President of Birchwood Labs, stated the north
boundary is a tree-covered hillside. Therefore, it is a perfect spot for people to
walk through to the Starbucks, Burger King, and Dairy Queen. Additionally,
the easement goes up to a pond off Fuller Road which is a danger for children.
Case asked if Shelton’s preference would be for the fence to be on the curb of
the new development. Shelton stated the property line would be a great
location for a fence to eliminate traffic. Shelton added he lives in Edina and
noted the City recently had a child drown in a retaining pond. Shelton stated
Birchwood Labs was the first building on Fuller Road, and they have been
providing jobs and taxes for the City for over fifty years. They merely want a
fence to protect their property.
Klima showed a slide with a picture of the overhead view of the proposed site.
She pointed out people would have to navigate a couple of parking lots and
green spaces to access the businesses or they would have to use the trail on
Eden Prairie Road.
Case asked Ellis why the City wouldn’t consider putting up a fence if it was a
safety issue for children, if it made the project work, and if the proponent were
to pay for it. Ellis stated the City has not fenced any other development for the
proposed issues. He noted he is questioning the legitimacy of the problem.
Even if the City puts in a fence, a child may still climb the fence. If a fence
needs to go in, it should be on the owner’s property. If the fence is put on the
City’s property, then it is the responsibility and liability of the City.
Additionally, if they add a road down the line, the City is creating a future
issue of where to move the fence. If there is a real need for the fence, it should
go on the developer’s property. If there is an option between putting it on the
City easement lot or the drainage and utility lot, he would prefer for it to go on
the drainage and utility lot.
Case asked Council if it would be interested in directing Staff to evaluate
potential compromises or other options for the fence. Nelson agreed with the
direction for Staff.
CITY COUNCIL MINUTES December 7, 2021
Page 14
MOTION: Toomey moved, seconded by Narayanan, to adopt a Resolution for
a Guide Plan Change from Low Density Residential and Industrial Flex Tech
to Medium-High Density Residential on 6.4 acres, adopt a Resolution for a
Planned Unit Development Concept Review on 6.4 acres, approve the first
reading of a Planned Unit Development District Review with waivers and
Zoning Change from R1-22, and I-2 to RM-2.5 on 6.4 acres, adopt a
Resolution for a Preliminary Plat of seven parcels into one lot and one outlot
on 6.4 acres, and direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations and Council conditions
including color variations and fence possibilities on the north side. Motion carried 5-0.
Case thanked the residents of Lincoln Lane for their time in Eden Prairie and
hoped they would remain in Eden Prairie.
D. CODE AMENDMENT FOR NEIGHBORHOOD COMMERCIAL by City
of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11
Relating to Gas Stations within Neighborhood Commercial Zoning District (Ordinance)
Getschow stated at its October 26, 2021 meeting, the City Council directed Staff
to prepare and bring forward an amendment to the City Code which removes gas
stations as a permitted use in the neighborhood commercial zoning district.
Klima stated the text amendment would add language to Section 11.25 stating
gasoline/convenience stores are not a permitted use in the neighborhood
commercial zoning district. The City currently has three gasoline/convenience
stores in neighborhood commercial zoning districts, and there would be
additional language added to allow those to remain as permitted uses. The
amendment also addresses what design standards should look like for gas
stations and removes the neighborhood commercial zoning district from the
list. Klima noted the Planning Commission voted 9-0 to recommend approval
of the project at the November 8, 2021 meeting.
Klima showed a slide with a map of parcels zoned neighborhood commercial
zoning districts throughout Eden Prairie. Out of parcels zoned commercial, 7
percent of the acreage is zoned as neighborhood commercial zoning districts.
She also showed a map of the 13 gas stations located in Eden Prairie broken
down by zoning district of each gas station location.
Narayanan asked if the zoning defines hours of operation for the convenience
stores. Klima stated the neighborhood commercial zoning districts refers to
gasoline/commercial convenience stores. In the other section up for
amendment, it does not give a defined use. The Planning Commission talked
about the issue as well, and there was a general consensus that if there are gas
CITY COUNCIL MINUTES December 7, 2021
Page 15
pumps then it would be a gas station. Lima stated the Ordinance does not
address operating hours for convenience stores.
Case stated the Council has always been concerned about landowner rights.
He asked if as long as the landowner can fully actualize the value of their
property by proposing other permitted uses, then the City Council would not be
putting an undue burden on the landowner with the Ordinance. Gergerson
stated the Ordinance in question creates a couple of legal nonconformities.
The current owners of neighborhood commercial zoning districts with existing
gas stations can repair or renovate, but they cannot enlarge. There are other
permitted uses in the code which landowners could use the land for. Case
stated there are other neighborhood commercial zoning district parcels across
the City which have other permitted uses allowing the landowner to actualize
the value of their land and not submit them to an undue burden. Gergerson
stated Case was correct.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Nelson, to close the public hearing
and to approve the first Reading of the Ordinance to Amend City Code Chapter
11 relating to Neighborhood Commercial Zoning District Gas Stations. Motion carried 5-0.
E. FIRST AND SECOND READINGS OF ORDINANCE NO. 15-2021 APPROVING 2022 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION NO. 2021-103
APPROVING SUMMARY ORDINANCE FOR PUBLICATION
Getschow stated this Ordinance establishes a fee schedule for the City’s costs
in administering Official Controls pursuant to Minnesota Statutes Section
462.353, Subd. 4. He added most of the fees are related to Eden Prairie’s
building codes.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing
and to approve first and second readings of the Ordinance Updating the Fee
Schedule for Administration of Official Controls and adopt resolution
approving the Summary for Publication. Motion carried 5-0. F. 2022 FEE RESOLUTION 2021-104 FOR CITY SERVICES (Resolution
No. 2021-104)
Getschow stated this Resolution updates the fee schedule for the City’s
services not covered by ordinance. The fees are for various Parks and
CITY COUNCIL MINUTES December 7, 2021
Page 16
Recreation services, public fees for police and fire services, rental fees, and
other similar fees.
Case asked if there was a percentage increase for the fees or if they stayed the
same. Getschow stated there were not any increases in fees beyond the three
percent inflation. There were some where Staff would compare its fees to
other cities to ensure Eden Prairie’s are in the same range. For the most part,
the fees were increased in the two or three percent range. Case stated the City
gathers funds to do its work from taxes and fees and tries to keep a balance so
not all of the burden is on taxpayers.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public
hearing and to adopt the 2022 Fee Resolution. Motion carried 5-0. G. RESOLUTION NO. 2021-105 CERTIFYING 2022 PROPERTY TAX
LEVY, ADOPTING 2022 BUDGET, AND APPROVING 2022 HRA TAX LEVY
Case stated the Council had done many important things throughout the
evening, none of which were more important than setting the budgets and levy
to ensure the residents have a quality standard of life.
Getschow introduced Tammy Wilson, Finance Manager, to make the Staff
presentation. Wilson stated the purpose of the meeting was to solicit public
input on the City’s proposed tax levy and budget for 2022. It is a requirement
of State law and must be held after property owners receive their proposed
property tax statements for the following year.
Wilson stated Staff has met with Council multiple times to discuss both the
2022 and 2023 budget, but the current presentation and discussion is regarding
2022 budget. The proposal is for a $53 million budget with a $50.1 million
general fund, $2.5 debt, and $400,000 in capital levy. The market value has
increased from 2021 to 2022, and the adjusted net tax capacity increased as
well. The City’s tax rate is 32.32 percent for 2022.
Wilson showed a slide breaking down the general fund revenue including
taxes, license and permits, intergovernmental revenue, charges for services,
and the revenue. She noted the largest portion in the licenses and permits
category relates to cable television. The City proposed a decrease in charges
for services due to the impact of COVID-19 on the Community Center. Staff
anticipates some of the American Rescue Plan Act funds from the
intergovernmental revenue portion will be used to fill in for the loss in revenue
for charges in services. Overall, there is a proposed 9.6 percent increase in
CITY COUNCIL MINUTES December 7, 2021
Page 17
general fund revenues.
Wilson stated the proposed general fund expenditures is $52.6 million with an
increase of $2.5 million or 5.1 percent. The budget maintains services from
prior years. The budget also includes a 3 percent base wage increase for City
employees and new positions of dispatcher, assistant fire chief, and forester. It
also includes a health insurance engagement, a contract with Hennepin County
for social service outreach employee for Police, worker’s compensation
insurance increase, increased technology services for body cameras, increase
resources for Yard Waste Drop-Off Site programs, and increased election
budget due to 2022 being an election year. Wilson showed a pie chart of the
general fund expenditures.
Wilson stated the proposed debt summary includes a $2.5 million levy. Eden
Prairie has not changed the amount since 2017. The overall property tax levy
is an increase of 4.7 percent. She showed a slide of the City tax impact based
on the property type. There would be an increase for residential and apartment
properties, and commercial would see a decrease. The median residential
home would see an increase of $82, an apartment building valued at $5 million
would see an increase of 6.9 percent, and a $2 million commercial property
would see a decrease of $615.
Case noted the City collects taxes off the entire tax base. Commercial went
down not only because of their value decrease, but also because the State sets a
formula which the City does not have a say in. Narayanan stated the taxes
being addressed is only the City’s portion of the taxes. He explained the
residents will still be impacted by other tax changes.
Case asked what proportion of residents’ taxes is accounted for by the City.
Staff stated the City accounts for 27 percent of the taxes. Wilson explained a
median residential home in Eden Prairie would see an increase in $199 for their
property taxes. Furthermore, apartments would see an increase of 4.6 percent,
and a commercial building would have a 4.9 percent decrease in property
taxes.
Narayanan stated the City is responsible for $82 of the $199 for median
residential homes. For a typical residential property, the County receives 31
percent of the property tax, School District 272 receives 34 percent of the
property tax distribution, and other taxing districts are responsible for 8
percent.
Case stated the City of Eden Prairie may have slightly higher tax rates than the
surrounding areas, but its median price house is also higher than the
surrounding areas.
CITY COUNCIL MINUTES December 7, 2021
Page 18
Wilson stated for commercial properties, the County receives 14 percent of the
property taxes, the City receives 12 percent, the State receives 22 percent, and
the school district receives 15 percent. 33 percent of the commercial property
tax distribution accounts for fiscal disparities, and another four percent is due
to taxing districts.
Wilson stated the monthly cost of City services for the median residential
home is $118.67. She showed a slide breaking down the cost of the City
services based on various portions of the City’s general fund services. Case
noted his appreciation for the slide and stated the City provides an array of
quality of life services for its residents.
Getschow stated the City puts together a two-year budget for efficiency
purposes, but the discussion at hand is only for 2022. Getschow showed a
slide with an overview of the 2021 schedule used to determine the budget and
levy. He noted the first step in the process was a community survey. The
process also included various discussions with the Council and Staff nearly
every month.
Getschow stated the key was to maintain the high quality of life in Eden
Prairie. He noted the City ranks very well throughout the country.
Additionally, it is a very safe City, and the residents wants the City to continue
investing in public safety. There are concerns about upcoming light rail and
public transportation changes. The community parks and natural environment
continue to be nationally-renowned.
Getschow stated there were six main goals in the development of the budget.
In the goal of community well-being and safety, the City have invested into
public safety. The budget includes adding police officers, a social worker, a
dispatcher, and an assistant fire chief. The City is also focused on providing
high quality and efficient services and noted they use quite a bit of technology
to provide around-the-clock services. The City takes a lot of pride in investing
in its employees, and those employees, in turn, provide exceptional services. A
preserved, beautiful environment is another goal of the budget, so they are
adding to the forestry program with an additional position. A sense of
community was addressed by providing more community events and working
on a race equity plan. Eden Prairie is a leader in sustainability with its water
usage, electric fleet, or recycling efforts. Finally, Eden Prairie has seen a
growth in its tax base. The City has been reaffirmed with the highest bond
rating possible, it has some of the lowest debt, and it has been able to build up
the business development funds. Getschow noted there is much more to the
budget such as trails and elections.
Getschow stated the proposed budget is a 4.8 percent increase and the proposed
levy is 4.7 percent. He noted it is higher than what the City has had
CITY COUNCIL MINUTES December 7, 2021
Page 19
historically. Because of the flat growth in commercial property and robust
growth in residential property, there is a bit of a shift. Getschow showed a
slide comparing 2021 city tax levies across similar cities in the metro area.
Eden Prairie is in the bottom third of the 20 comparison cities. Getschow also
showed a slide comparing 2022 city tax levies for Eden Prairie and similar-
sized cities.
Getschow stated the City is part of a program where it has to put a portion of
its value into a Metro-wide pool. Then the property tax is redistributed.
Because Eden Prairie has seen positive growth in commercial property over the
decades, Eden Prairie is the number four contributor. The concept is intended
to ensure cities avoid luring businesses to its own city in hopes of tax breaks or
more employment opportunities. It does ultimately affect the residents’ taxes.
Without the fiscal disparities, the City tax would be 7.5% less for a median
value home in Eden Prairie.
Case asked for clarification on the community survey about comments made
related to public transportation and the light rail. Getschow stated people are
excited about seeing the light rail in the community. There were a few with
concerns about how the community could be different with the addition of a light
rail.
Case stated Eden Prairie has received and will continue to receive American
Rescue Plan Act funds. He asked if the budget is relying too heavily on those
funds which would result in a heavier tax increase in 2023. Getschow stated the
one-time revenue is being used for one-time expenses or loss of one-time
revenue.
Case noted tax rates are difficult for people to understand. He explained a
healthy community would have a declining tax rate. The tax rate for 2022 is
lower than in 2018, which is significant and a reflection of responsible spending.
Steven Wagner, 9325 Wilderness Cove, stated his tax increase for 2022 is
11.25 percent while his property value has increased 7.2 percent. He explained
he attended the meeting to get a better understanding of the increase.
Getschow stated the City rate is lower than the County rate. The increase in
value for Wagner’s home is quite a bit higher than average. Getschow
recommended Wagner meet with the assessor for more clarification and
information about the tax increases.
Case thanked Wagner for his questions. Case asked if Wagner agrees most of
the 11.25 percent increase is accounted for by the increase in property value.
Wagner stated he did not do the math to answer the question. Case explained
the City collects taxes from the whole tax base. When the state provides a
formula for a lower commercial tax rate, then it affects the residential
CITY COUNCIL MINUTES December 7, 2021
Page 20
properties. Combined with a hefty home value increase, it ultimately resulted
in Wagner’s large property tac increase. Case encouraged Wagner to meet
with the assessor to have more of his concerns addressed.
MOTION: Narayanan moved, seconded by Toomey, to close the public
hearing, adopt a resolution certifying the 2022 Property Tax levy to be
$43,102,554, approve the 2022 Budget of $55,617,390 as reviewed by the
Council, and approve the HRA tax levy and budget of $200,000.
Narayanan stated there is inflation due to lack of materials. He asked if the
shortage will impact the City in the coming year. Getschow stated Staff kept
material scarcity in mind, and the budget can withstand the potential pressures
of inflation.
Narayanan stated the number one thing brought up by residents is quality of
life in Eden Prairie. He stated the Staff has done an awesome job in keeping
the taxes as low as possible while maintaining a high level of service quality.
For example, snow plowing is very quick. He stated he is proud to be a
member of Eden Prairie’s City Council.
Case stated Staff has done an excellent job. He noted the budget is a
culmination of the Council’s involvement and community input which started
back in March.
VOTE ON THE MOTION: Motion carried 5-0.
H. VACATION OF EASEMENTS (Resolution No. 2021-106)
Getschow the developer of Outlot B, Castle Ridge 3rd Addition has requested
the vacation of the drainage and utility easements over this lot to facilitate the
plat of Castle Ridge Fifth Addition for the new Flying Cloud Commons
development.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing,
and adopt the Resolution vacating Drainage and Utility Easements. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Toomey 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.”
CITY COUNCIL MINUTES December 7, 2021
Page 21
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBER B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:47 p.m.
Respectfully submitted, ___________________________ Nicole Tingley, City Clerk
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
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
2022 Renewal Licenses Commercial Kennel
Dog Camp Inc
DBA: Camp Bow Wow Eden Prairie
10100 Viking Drive #200 Private Kennel
Becky Beiersdorf
6961 Raven Court Kathy Meyer 7320 Bagpipe Boulevard
Michael & Elaine Perry 9618 Portal Drive Annette & John Thayer
9263 Preston Place Debra Wegler 8571 Saratoga Lane
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of City Manager
Administration
ITEM DESCRIPTION:
Designate Official Meeting Dates, Times and
Locations for Board & Commission Meetings
ITEM NO.:
VIII.B.
Requested Action Move to: Adopt Resolution designating the official meeting dates, time and location for City
Council appointed Boards and Commissions during 2022. Synopsis The schedule of regular meetings for the City’s Boards and Commissions is established by the
City Council on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION
FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2022
BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights
and Diversity Commission will meet at the Eden Prairie Center mall, Housing and Human
Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail.
Board / Commission Scheduled Meeting Dates
Local Board of Appeal and Equalization Wednesday, April 6 and Tuesday, April 26
Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, July, and
October)
Heritage Preservation Commission 3rd Monday (4th Monday of January and February)
Human Rights & Diversity Commission 2nd Thursday
Parks, Recreation & Natural Resources
Commission
1st Monday (2nd Monday of July and September)
Planning Commission 2nd and 4th Mondays (No meeting on 4th Monday of December)
Sustainability Commission 2nd Tuesday
ADOPTED by the Eden Prairie City Council this 4th day of January 2022.
______________________________ Ronald A. Case, Mayor ATTEST:
_____________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize Treasurer or Deputy Treasurer to Invest City of Eden Prairie Funds
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis
This resolution requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in
Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or
any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited.
ADOPTED by the City Council of the City of Eden Prairie on this 4th day of January 2022.
____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize Treasurer or Deputy Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie
ITEM NO.:
VIII.D.
Requested Action
Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to
make electronic fund transfers for the City of Eden Prairie. Synopsis
This resolution requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR
THE CITY OF EDEN PRAIRIE
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any
bank, or other financial institution authorized to do business in the State of Minnesota, for
investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer.
ADOPTED by the City Council of the City of Eden Prairie on this 4th day of January 2022.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize City Officials to Transact Banking
Business
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie
in the transaction of any banking business with the official depositories.
Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS
BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the
City provides written notice to the contrary, this authorization includes the authority to sign checks
against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of
the check.
BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of January 2022. ____________________________
Ronald A. Case, Mayor ATTEST:
____________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Designate Official Depository
ITEM NO.:
VIII.F.
Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie.
Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository.
ADOPTED by the City Council of the City of Eden Prairie on this 4th day of January 2022.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize Use of Facsimile Signatures by Public
Officials
ITEM NO.:
VIII.G.
Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or
other orders on public funds deposited.
Synopsis This resolution requires approval on an annual basis.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
BE IT RESOLVED, that the use of facsimile signatures by the following persons: Ronald A. Case, Mayor
Rick Getschow, City Manager
Tamara Wilson, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such
instrument bearing her/his facsimile signature in such form as she/he may designate and to charge
the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority.
ADOPTED by the City Council of the City of Eden Prairie on this 4th day of January 2022.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize Payment of Certain Claims by Finance Department Without Prior Council Approval
ITEM NO.:
VIII.H.
Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance division without prior Council approval.
Synopsis This resolution requires approval on an annual basis. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL
BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council.
Contracted items (utilities, rent, land, school, conference and related travel expenses, easements,
construction, etc.) Payroll Liabilities Refunds
Postage Programmed Professional Performances
Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts
Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance
Amounts due to other government agencies Liquor store inventory items
Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment
ADOPTED by the City Council of the City of Eden Prairie on this 4th day of January 2022.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Tammy Wilson
Finance
ITEM DESCRIPTION:
Authorize the financing of 109 sets of protective equipment (turnout gear) and the execution of the required documents
ITEM NO.:
VIII.I.
Requested Action Move to: Approve agreement for financing of 109 sets of turn-out gear. Synopsis
The Fire Department proposes to acquire 109 new sets of turn-out gear. The importance of maintaining levels of protection that minimize risk and allow for safe response is critical. The gear selected has been negotiated by the South Metro Joint Powers Association, which the City plays an
active role in. The City will benefit through multiple jurisdictions working together to enhance response, improve interoperability and lower costs. The proposal addresses the following:
1. All Eden Prairie Firefighters will be brought up to the current NFPA standards with regard to protective structural firefighting equipment. 2. The NFPA 1851 standard that requires cleaning, maintenance and testing of the gear once a year is fulfilled including all data tracking, records storage and reporting by individual firefighter by the supplier.
3. Price guarantees with a fixed maximum increase per year for additional gear. 4. A financing program which allows for all firefighters to be brought to this current level of protection while still maintaining current budget allocations. Attachments
• Lease agreement
• Resolution
Master Tax-Exempt Lease/Purchase Agreement
Between: U.S. Bancorp Government Leasing and Finance, Inc. (the “Lessor”) 13010 SW 68th Parkway, Suite 100 Portland, OR 97223
And: City of Eden Prairie (the “Lessee”) 8080 Mitchell Road Eden Prairie, Minnesota 55344 Attention: Tammy Wilson Telephone: (952) 949-8376
Dated: January 12, 2022
ARTICLE I DEFINITIONS The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Master Tax-Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto. “Code” is defined in Section 3.01(f). "Commencement Date" is the date when the term of a Property Schedule and Lessee's obligation to pay rent thereunder commences, which date shall be set forth in such Property Schedule. “Event of Default” is defined in Section 13.01.
“Lease Payments" means the Lease Payments payable by Lessee under Article VI of this Agreement and each Property Schedule, as set forth in each Property Schedule. “Lease Payment Dates" means the Lease Payment dates for the Lease Payments as set forth in each Property Schedule.
"Lease Term" means, with respect to a Property Schedule, the Original Term and all Renewal Terms. The Lease Term for each Property Schedule executed hereunder shall be set forth in such Property Schedule, as provided in Section 4.02. "Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns. "Lessor" means the entity identified as such in the first paragraph hereof, and its successors and assigns. “Nonappropriation Event” is defined in Section 6.06. "Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively, the property lease/purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such Property Schedule, and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX. "Property Schedule" means a Property Schedule in the form attached hereto for Property Schedule 1. Subsequent Property Schedules pursuant to this Agreement shall be numbered consecutively, beginning with Property Schedule 2. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Property Schedule, as provided in Section 11.01 and as set forth in the Property Schedule. "Renewal Terms" means the renewal terms of a Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year. "State" means the state where Lessee is located. "Vendor" means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedules Separate Financings. Each Property Schedule executed and delivered under this Agreement shall be a separate financing, distinct from other Property Schedules. Without limiting the foregoing, upon the occurrence of an Event of Default or a Nonappropriation Event with respect to a Property Schedule, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Lease Payments payable under such Property Schedule, and except as expressly provided in Section 12.02 below, Lessor shall have no rights or remedies with respect to Property financed or Lease Payments payable under any other Property Schedules unless an Event of Default or Nonappropriation Event has also occurred under such other Property Schedules. ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder.
(c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the
Property Schedule and the acquisition by Lessee of the Property thereunder. On or before the Commencement Date for the Property Schedule, Lessee shall cause to be delivered an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2. (d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Lease Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule. (g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property Schedule, for the Lease Term set forth in such Property Schedule. 4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Lease Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery, Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 5.01 Enjoyment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor shall not interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule. 5.02 Location; Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Lease Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Lease Payments for a fiscal year, the Lease Payments for said fiscal year, and only the Lease Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.02 Payment of Lease Payments. Lessee shall promptly pay Lease Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessor's address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Lease Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Lease Payments and interest on said delinquent amounts from the date such amounts were due until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. 6.03 Interest Component. A portion of each Lease Payment due under each Property Schedule is paid as, and represents payment of, interest, and each Property Schedule hereunder shall set forth the interest component (or method of computation thereof) of each Lease Payment thereunder during the Lease Term. 6.04 Lease Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Property Schedules can be obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Lease Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Lease Payments for a Property Schedule pursuant to Section 6.06, such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term. Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Nonappropriation. If during the then current Original Term or Renewal Term, sufficient funds are not appropriated to make Lease Payments required under a Property Schedule for the following fiscal year, Lessee shall be deemed to not have renewed such Property Schedule for the following fiscal year and the Property Schedule shall terminate at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease Payments under said Property Schedule beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property under said Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of a Nonappropriation Event, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver
possession as required. In addition, Lessor may, by written instructions to any escrow agent who is holding proceeds of the Property Schedule, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. 6.07 Defeasance of Lease Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under a Property Schedule, a sum of cash and non-callable securities consisting of direct obligations of, or obligations the principal of an interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Lease Payments on said Property Schedule is not adversely affected. 6.08 Gross-Up. If an Event of Taxability occurs with respect to a Property Schedule, the interest component of Lease Payments on the Property Schedule shall thereafter be payable at the Taxable Rate, and Lessee shall pay to Lessor promptly following demand an amount sufficient to supplement prior Lease Payments on such Property Schedule so that Lessor receives the interest component of such Lease Payments, retroactive to the date as of which the interest component is determined to be includible in the gross income of Lessor for federal income tax purposes, calculated at the Taxable Rate, together with any penalties and interest actually imposed on Lessor as a result of the Event of Taxability. For purposes of this Section, “Event of Taxability” means, with respect to a Property Schedule, (a) a final determination by the Internal Revenue Service or a court of competent jurisdiction that the interest component of Lease Payments on the Property Schedule is includible for federal income tax purposes in the gross income of Lessor, or (b) receipt by Lessor of a written opinion of a nationally recognized public finance lawyer or law firm to the effect that there exists substantial doubt whether the interest component of Lease Payments on the Property Schedule is excludible for federal income tax purposes from the gross income of Lessor, in each case due to any action or failure to take action by Lessee. “Taxable Rate” means an interest rate calculated to provide Lessor with an after-tax yield equivalent to the yield provided to Lessor by the interest rate at which the interest component of Lease Payments on a Property Schedule was originally calculated. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, title to the Property shall vest in Lessee, subject to Lessor's interests under the applicable Property Schedule and this Agreement. 7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest. To the extent permitted by law and to secure the performance of all of Lessee's obligations under this Agreement with respect to a Property Schedule, including without limitation all Property Schedules now existing are hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee's interest in all of the Property under the Property Schedule, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property. Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturer's specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers.
8.02 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Lease Payments payable by Lessee under this Agreement and the Property Schedules hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property.
8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) worker's compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self-insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor's prior written consent. Lessee shall furnish to Lessor, on or before the Commencement Date for each Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self-insures, a written description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the applicable Property Schedule and shall be due and payable on the next Lease Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. ARTICLE IX 9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have exercised its option to purchase Lessor's interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. For purposes of Section 8.03 and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. 9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase
Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee. ARTICLE X 10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Property Schedules. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Property, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessor's entire interest in all of the Property subject to a Property Schedule and to terminate any restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule, if the Property Schedule is still in effect on such day, upon payment in full of the Lease Payments due thereunder plus payment of One (1) Dollar to Lessor. Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to such Property Schedule to Lessee. 11.02 Option to Prepay. Lessee shall have the option to prepay in whole the Lease Payments due under a Property Schedule, but only if the Property Schedule so provides, and on the terms set forth in the Property Schedule. Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for applicable Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any assignment shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules. 12.02 Property Schedules Separate Financings. Assignees of the Lessor's rights in one Property Schedule shall have no rights in any other Property Schedule unless such rights have been separately assigned. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by applicable law, Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, “Losses”) arising out of or resulting from the entering into this Agreement, any Property Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessor's own willful or negligent conduct, or for Losses arising out of or resulting from Lessor's preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason. ARTICLE XIII 13.01 Events of Default Defined. Any of the following shall constitute an “Event of Default” under a Property Schedule: (a) Failure by Lessee to pay any Lease Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made;
(d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force majeure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than any obligations on the part of Lessee to make any payments hereunder) Lessee shall not be in default during the continuance of such inability. The term "force majeure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. A Nonappropriation Event is not an Event of Default. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Lease Payments and other amounts payable by Lessee thereunder to the end of the then-current budget year of Lessee to be due, including without limitation delinquent Lease Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less;
(b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay off any outstanding principal component of Lease Payments, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee except with respect to unpaid costs and expenses incurred by Lessor in connection with the disposition of the Property;
(c) By written notice to any escrow agent who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule; (d) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement.
Notwithstanding the foregoing, if the proceeds are insufficient to pay items (i) to (iii) in Section 13.02(b) in whole, Lessee shall remain obligated after application of proceeds to items (i) and (ii), to pay in whole the amounts for item (iii). 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. 13.04 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. ARTICLE XIV 14.01 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses as specified on the first page of this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee at its address as it appears on the registration books maintained by Lessee. 14.02 Arbitrage Certificates. Unless a separate Arbitrage Certificate is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Property Schedule: (a) The estimated total costs, including taxes, freight, installation, and cost of issuance, of the Property under the Property Schedule will not be less than the total principal amount of the Lease Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months after the Commencement Date and the Property is expected to be delivered and installed, and the Vendor fully paid, within eighteen months from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Lease Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Lease Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Lease Payments under the Property Schedule. (e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth in herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedules, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Property Schedules. 14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.
14.05 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
14.06 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement hereof. 14.07 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification. The consent of all assignees shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule. 14.08 Execution in Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. 14.11 Continuing Disclosure. Lessor acknowledges that, in connection with Lessee’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), Lessee may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice of its incurrence of its obligations under this Agreement and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with this Agreement, in each case including a description of the material terms thereof (each such notice, an “EMMA Notice”). Lessee shall not file or submit or permit the filing or submission of any EMMA Notice that includes any of the following unredacted information regarding Lessor or the Escrow Agent: physical or mailing addresses, account information, e-mail addresses, telephone numbers, fax numbers, tax identification numbers, or titles or signatures of officers, employees or other signatories. Lessee acknowledges and agrees that Lessor is not responsible in connection with any EMMA Notice relating to this Agreement for Lessee’s compliance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities laws, including but not limited to those relating to the Rule. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: U.S. Bancorp Government
Leasing and Finance, Inc.
Lessee: City of Eden Prairie
By: By:
Name: Name:
Title: Title:
Attest: By:
Name:
Title:
4862-8904-2951\4
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___
RESOLUTION RELATING TO THE FINANCING OF FIREFIGHTING EQUIPMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT AND RELATED DOCUMENTS
BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie,
Minnesota (the “City” or the “Lessee”), as follows:
Section 1. Authority; Purpose. The City is authorized by Minnesota Statutes, Section 465.71 to enter into lease-purchase agreements for the purpose of financing real and personal property. The City has heretofore determined to acquire certain firefighting equipment
(the “Equipment”).
Section 2. Documentation. In order to finance the costs of the Equipment, there has been prepared and presented to this Council a copy of a Master Tax-Exempt Lease/Purchase Agreement (the “Lease”), dated January 12, 2022, with U.S. Bancorp Government Leasing and Finance, Inc.,
in Portland, Oregon (the “Lessor”), together with such other documents as the Lessor and Dorsey
& Whitney, LLP, as bond counsel to the City (“Bond Counsel”), require for financing the Equipment, including an Escrow Agreement dated January 12, 2022, by and among the Lessor, the Lessee, and U.S. Bank National Association, as escrow agent (“Escrow Agent”) (such Escrow Agreement together with the Lease, the “Documents”).
The City’s payment obligations under the Lease total $408,067.65 and shall be payable in
five equal installments of $81,613.53 commencing on January 12, 2023 and on each January 12 thereafter ending on January 12, 2027 (the “Lease Payments”). This Council hereby finds, determines and declares that it is necessary and desirable and in the best interests of the City to enter into the Lease with the Lessor to finance the Equipment.
Section 3. Execution. The Mayor and City Manager, or other designated signatories
acting on their behalf, are hereby authorized to execute and deliver the Documents on behalf of the City. The Mayor and City Manager are hereby further authorized to execute, on behalf of the City, such other contracts, certifications, documents or instruments as Bond Counsel shall require, and all certifications, recitals, warranties and representations therein and in the Documents shall
constitute the certifications, recitals, warranties and representations of the City. Execution of any
contract, certification, document or instrument by one or more appropriate officers of the City will constitute and be deemed conclusive evidence of the approval and authorization by the City and the Council of the contract, certification, document or instrument so executed. Without limiting the generality of the foregoing, in the absence or other unavailability of the Mayor, any document
authorized in this resolution to be executed by the Mayor may be executed by the acting Mayor or
a person designated by the Mayor and, in the absence or other unavailability of the City Manager, any document authorized in this resolution to be executed by the City Manager may be executed by the acting City Manager or a person designated by the City Manager.
4862-8904-2951\4 2
Section 4. Payment of Rental Payments; No General Obligation; Capital Expenditure Levy. Subject to the provisions of the Lease, the City shall pay promptly when due, all of the
Lease Payments and any other amounts required by the Lease. The Lease and the obligations of
the City thereunder will be special, limited obligations of the City payable in each fiscal year solely from funds of the City legally appropriated for such purpose in the annual budget of the City; provided, however, that the City shall not be obligated to make any such appropriation. The full faith and credit and ability of the City to levy ad valorem taxes without limitation as to rate or
amount are not pledged to the payment of the Lease or any obligation of the City thereunder.
Section 5. Tax Covenants and Arbitrage Matters.
(a) Covenant. The City covenants and agrees with the Lessor that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest component of the Lease Payments payable under the Lease to become subject to taxation
under the Internal Revenue Code of 1986 (the “Code”) and any regulations issued thereunder (the
“Regulations”), in effect at the time of such action, and that it will take, or it will cause its officers, employees or agents to take, all affirmative actions within their powers which may be necessary to ensure that the interest component of the Lease Payments payable under the Lease will not become subject to taxation under the Code and the Regulations, as presently existing or as hereafter
amended and made applicable to the Lease. So long as the Lease is outstanding, the City will not
enter into any lease, use agreement or other contract or agreement respecting the Equipment which would cause the Lease to be considered a “private activity bond” or “private loan bond” pursuant to the provisions of Section 141 of the Code.
(b) Tax Certificate. The Mayor and City Manager, or their respective authorized
designees, being the officers of the City charged with the responsibility for issuing the Lease
pursuant to this resolution, are authorized and, if counsel deems the representations in the Documents to be insufficient, hereby directed to execute and deliver a certificate (the “Tax Certificate”) in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating, among other things, the facts, estimates and circumstances in existence
on the date of issue and delivery of the Lease which make it reasonable to expect that the proceeds
of the Lease will not be used in a manner that would cause the Lease to be an arbitrage bond within the meaning of the Code and the Regulations.
(c) Arbitrage Rebate. The City acknowledges that the Lease is subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records,
make such determinations, file such reports and documents and pay such amounts at such times as
are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Lease from gross income for federal income tax purposes, unless the Lease qualifies for an exception from the rebate requirement pursuant to one of the exceptions set forth in the Code and the Regulations.
(d) Not Qualified Tax-Exempt Obligation. The Lease is not designated as a “qualified
tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.
(e) Reimbursement. The City certifies that the proceeds of the Lease will not be used by the City to reimburse itself for any expenditure with respect to the Equipment which the City
4862-8904-2951\4 3
paid or will have paid more than 60 days prior to the issuance of the date hereof unless, with respect to such prior expenditures, the City has made a declaration of official intent which complies with
the provisions of Section 1.150-2 of the Regulations; provided, however, that this certification
shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the Equipment as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses,
which in the aggregate do not exceed 20% of the “issue price” of the Lease.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
______________________________
Ronald A. Case, Mayor ATTEST: __________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 4, 2022
DEPARTMENT / DIVISION
Rick Getschow
City Manager, Administration
ITEM DESCRIPTION
Resolution to support and opt-in to the national opioid settlements, and ratifying execution of two national opioid settlement agreements, execution of the State of
Minnesota Memorandum of Agreement by
the City Manager
ITEM NO.
VIII.J.
Requested Action Move to: Adopt a resolution to support and opt-in to the national opioid settlements, and to ratify the City Manager’s execution of (1) opioid litigation settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Johnson
& Johnson, and (2) Memorandum of Agreement (“MOA”) between the State of Minnesota and local governments relating to the distribution of settlement funds to fight the opioid crisis. Synopsis
The State of Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three largest opioid distributors McKesson, Cardinal Health and Amerisource Bergen, and with opioid manufacturer Johnson & Johnson. If the settlements are fully adopted nationally then the distributors will pay $21 billion over 18 years and Johnson & Johnson will pay $5 billion over 10 years. In order to
participate in any settlement, the City of Eden Prairie (as well as other cities and counties across the county) must electronically opt-in to the settlements and execute the MOA by January 2, 2022. The City Manager has already electronically opted-in to both settlements and executed the MOA. If the settlements move forward, Minnesota stands to recover an amount in excess of $300 million over
18 years with the vast majority paid directly to cities and counties, depending on how many cities and counties participate. Distribution within Minnesota will be determined by the MOA. Settlement payments may start as early as April 2022. Settlement funds received by the State of Minnesota are proposed to be distributed as follows:
A. Seventy-Five percent (75%) of the funds will be paid directly to counties and participating cities that (1) have populations of 30,000 or more, (2) have filed lawsuits against the settling defendants, or (3) have public health departments. Eden Prairie is a qualifying city because its population is greater than 30,000.
B. Twenty-Five percent (25%) of the funds will be paid to the State of Minnesota and will go into a
special opioid abatement account.
The allocation percentages to which each city and county in Minnesota that participates is to receive,
including Eden Prairie, was determined by counsel for the subdivisions negotiating the national settlement agreements and were calculated using data to reflect the impact of the opioid crisis on the subdivisions. Eden Prairie’s percentage of the settlement funds, if it participates, is approximately 0.255%.
If Eden Prairie participates, then it may use the opioid settlement funds on a number of pre-approved uses
detailed in the MOA, including: opioid prevention, treatment of use, support of people in treatment and
recovery, connections to care, address the needs of criminal justice for involved persons, address the needs of the perinatals, caregivers and families with babies with neonatal opioid withdrawal syndrome. While the MOA sets forth a list of settlement fund uses, they are not exclusive, and the City would have some flexibility to modify its preferred abatement approach as needed.
Attachments Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ RESOLUTION APPROVING AND RATIFYING THE EXECUTION OF, AND PARTICIPATION IN, THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN
THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND THE NATIONAL OPIOID SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture,
marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable
for their misconduct; and
WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a
Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the
State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize
Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid
epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Eden Prairie, and the County of Hennepin, that the City participate in the national opioid
litigation settlements.
BE IT REOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: 1. Participation in the opioid litigation settlements promotes the public health, safety,
and welfare of the residents of the City of Eden Prairie.
2. The City of Eden Prairie supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson and ratifies the execution
of the same by the City Manager.
3. The Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Eden Prairie and the execution of the same by the City Manager is
ratified.
4. City Staff is hereby authorized to take any such further measures as is necessary to otherwise participate in the national opioid settlements.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of January, 2022.
____________________________________ Ronald A. Case, Mayor
ATTEST:
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director Parks and Recreation
ITEM DESCRIPTION:
Declaration of Property Restriction for Round
Lake Park
ITEM NO.:
VIII.K.
Requested Action Move to: Enter into Declaration of Property Restriction for Round Lake Park in Accordance with State of Minnesota Grant Agreement Requirements
Synopsis The Minnesota Department of Natural Resources Grant Agreement for Emerald Ash Borer Mitigation requires entering into a Declaration Agreement that restricts the use, and the ability to sell
the property without approval from the Commissioner of Management and Budget for a period of
time based on the length of the general obligation bonds. Because Round Lake Park was acquired and developed with the use of LAWCON funds, it is already restricted and entering into this agreement would not further restrict or hinder the property. Staff recommends entering into the agreement.
Attachment Declaration Agreement
ATTACHMENT IB
State of Minnesota General Obligation Bond Financed Property DECLARATION
The undersigned has the following interest in the real property located in the County of
Hennepin, State of Minnesota that is legally described in Exhibit A attached and all facilities situated
thereon (collectively, the “Restricted Property”):
v
a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted
Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec.
16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage,
encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain General Obligation Bond Proceeds Grant Agreement – Construction Grant for the City of Eden Prairie Shade Tree Project under the MN Natural Resources Shade
Tree Program between the City of Eden Prairie and the Minnesota Department of Natural
Resources dated August 16, 2021.
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted
Property is sold with the written approval of the Commissioner of Minnesota Management and Budget,
at which time it shall be released therefrom by way of a written release in recordable form signed by
both the Commissioner of the Minnesota Department of Natural Resources and the Commissioner of
Minnesota Management and Budget, and such written release is recorded in the real estate records
relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way
modified without the specific written consent of the Commissioner of Minnesota Management and
Budget.
CITY OF EDEN PRAIRIE, a Minnesota municipal corporation
By: _________________________ Its City Mayor
Dated: __________________, 20__
By: _________________________ Its City Manager
Dated: __________________, 20__
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of _____________,
20__, by Ronald Case, the Mayor, and Rick Getschow, the City Manager, respectively, of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
____________________________
Notary Public
This instrument was drafted by:
Emma Schultz Community Forest Project Specialist Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road
St. Paul, MN 55155
Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
Parcel ID No.: 08-116-22-42-0012
THE SOUTH 430.00 FEET OF THE EAST 340.00 FEET OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 08 TOWNSHIP 116 NORTH RANGE 22 WEST
HENNEPIN COUNTY MINNESOTA ALSO THAT PART OF LOT 1 BLOCK 1 LORENCE SECOND
ADDITION LYING SOUTHERLY AND SOUTHEASTERLY OF A LINE DESCRIBED AS
COMMENCING AT THE SOUTHEAST CORNER THEREOF THENCE NORTH 88 DEGREES 05
MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST
CORNER THEREOF AND THE POINT OF BEGINNING OF SAID DESCRIBED LINE THENCE
NORTH 83 DEGREES 55 MINUTES 46 SECONDS EAST 77.40 FEET THENCE SOUTH 88
DEGREES 05 MINUTES 12 SECONDS EAST 85.41 FEET THENCE NORTH 28 DEGREES 02
MINUTES 45 SECONDS EAST TO THE EAST LINE OF SAID LOT 1 AND SAID LINE THERE
ENDING ALSO THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 08
DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER THENCE NORTHERLY ALONG THE WEST LINE THEFEOF TO
THE SOUTHEAST LINE OF LORENCE THIRD ADDITION THENCE NORTHEASTERLY ALONG
SAID SOUTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID LORENCE THIRD
ADDITION THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE OF THEREOF TO THE
WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER THENCE
NORTHERLY ALONG SAID WEST LINE TO A POINT DISTANT 654.29 FEET NORTH OF THE
POINT OF BEGINNING THENCE DEFLECT RIGHT 127 DEGREES 07 MINUTES 29 SECONDS
DISTANT 184.26 FEET THENCE EASTERLY 527.79 FEET ALONG A TANGANTIAL CURVE TO THE
LEFT HAVING A RADIUS OF 560.00 FEET THENCE EASTERLY ALONG A REVERSE CURVE
HAVING A RADIUS OF 1010.00 FEET TO ITS INTERSECTION WITH THE WEST LINE OF THE
EAST 80.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER THENCE
NORTH ALONG SAID WEST LINE 526.46 FEET THENCE EASTERLY PARALLEL WITH THE
SOUTH LINE OF THE NORTH HALF OF SAID SECTION 8 TO THE CENTER LINE OF EDEN
PRAIRIE ROAD THENCE SOUTHERLY ALONG SAID CENTER LINE TO A POINT 400.00 FEET
NORTH AS MEASURED ALONG SAID CENTER LINE FROM SAID SOUTH LINE THENCE
WESTERLY PARALLEL WITH SAID SOUTH LINE TO ITS INTERSECTION WITH A LINE
DRAWN PARALLEL WITH SAID CENTER LINE FROM A POINT ON SAID SOUTH LINE
DISTANT 1666.07 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 08 THENCE SOUTH ALONG SAID PARALLEL LINE TO THE SOUTH
LINE THEREOF THENCE WESTERLY ALONG SAID SOUTH LINE TO THE BEGINNING EXCEPT
THAT PART DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF
VALLEY VIEW ROAD AND THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 8
TOWNSHIP 116 RANGE 22 THENCE NORTHERLY ALONG SAID WEST LINE 177.36 FEET
THENCE DEFLECT RIGHT 38 DEGREES 20 MINUTES 05 SECONDS A DISTANCE OF 105.94 FEET
TO THE POINT OF BEGINNING OF SAID EXCEPTION THENCE DEFLECT LEFT 90 DEGREES A
DISTANCE OF 129.00 FEET THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 258.00
FEET THENCE DEFLECT RIGHT 90 DEGREES A DISTANCE OF 129.00 FEET TH DEFLECT RIGHT
90 DEGREES A DISTANCE OF 258.00 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION
SUBJECT TO ROAD ALSO THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 08 DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 6
BLOCK 5 ROUND LAKE ESTATES 2ND ADDITION SAID NORTHEAST CORNER BEING ON THE
NORTH LINE OF SAID NORTH HALF OF THE SOUTHWWEST QUARTER THENCE SOUTHERLY
AT RIGHT ANGLES TO SAID NORTH LINE 100.00 FEET THENCE 593.12 FEET ALONG A
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1857.00 FEET THENCE 480.56 FEET
ALONG A COMPOUND CURVE TO THE LEFT WITH A RADIUS OF 703.00 FEET THENCE 190.07
FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET THENCE
EASTERLY TANGENT TO SAID CURVE TO THE NORTHEAST CORNER OF LOT 4 BLOCK 2 OF
SAID ROUND LAKE ESTATES 2ND ADDITION SAID CORNER BEING ON THE EAST LINE OF THE
WEST 293.80 FEET OF THE EAST HALF OF SAID NORTH HALF OF THE SOUTHWEST QUARTER
THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1138.00
FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER THENCE EASTERLY ALONG SAID
SOUTH LINE TO A LINE RUNNING FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST
QUARTER DISTANT 997.80 FEET WEST FROM THE NORTHEAST CORNER THEREOF TO A
POINT IN THE CENTERLINE OF HIGHWAY NO 5 DISTANT 1067.20 FEET WEST FROM THE EAST
LINE OF SAID SOUTHWEST QUARTER THENCE CONTINUE EASTERLY ALONG SAID SOUTH
LINE OF THE NORTH 1138.00 FEET TO THE EAST LINE OF SAID NORTH HALF OF THE
SOUTHWEST QUARTER THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST
CORNER THOF THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTH HALF OF THE
SOUTHWEST QUARTER TO THE POINT OF BEGINNING ALSO THAT PART OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 08 LYING NORTH
OF THE NORTH LINE OF KIRK MEADOWS AND WESTERLY OF THE CENTERLINE OF COUNTY
ROAD NO 4 ALSO THAT PART OF SECTION 8 TOWNSHIP 116 NORTH RANGE 22 WEST
DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 THENCE NORTH 2 DEGREES 45
MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET THENCE SOUTH
55 DEGREES 37 MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL
CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF
54 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET THENCE
EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC
LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 8 THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST
LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET THENCE ON
A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8
A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING THENCE NORTH 35 DEGREES 54
MINUTES 45 SECONDS EAST A DISTANCE OF 63.99 FEET THENCE SOUTH 69 DEGREES 31
MINUTES 23 SECONDS EAST A DISTANCE OF 15.45 FEET THENCE EASTERLY ALONG A
TANGENTIAL CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 54.11 FEET A CENTRAL
ANGLE OF 88 DEGREES 44 MINUTES 26 SECONDS AND AN ARC LEGNTH OF 83.80 FEET
THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 11.25 FEET A CENTRAL ANGLE OF 89 DEGREES 06 MINUTES 08 SECONDS AND AN ARC
LENGTH OF 17.50 FEET THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A
DISTANCE OF 26.53 FEET THENCE NORTH 21 DEGREES 04 MINUTES 03 SECONDS EAST A
DISTANCE OF 8.00 FEET THENCE SOUTH 69 DEGREES 09 MINUTES 41 SECONDS EAST A
DISTANCE OF 70.67 FEET THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 807.91 FEET A CENTRAL ANGLE OF 40 DEGREES 10
MINUTES 24 SECONDS AND AN ARC LENGTH OF 566.47 FEET THENCE SOUTH A DISTANCE
OF 49.02 FEET THENCE WEST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF
SECTION 8 A DISTANCE OF 784.26 FEET TO THE POINT OF BEGINNING EXCEPT THAT PART
OF SECTION 8 TOWNSHIP 116 NORTH RANGE 22 WEST DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8 THENCE NORTH 2 DEGREES 45 MINUTES 21
SECONDS WEST ALONG THE WEST LINE SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8 A DISTANCE OF 654.29 FEET THENCE SOUTH 55 DEGREES 37
MINUTES 52 SECONDS EAST A DISTANCE OF 184.26 FEET TO A TANGENTIAL CURVE
CONCAVE TO THE NORTH HAVING A RADIUS OF 560.00 FEET A CENTRAL ANGLE OF 54
DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 527.79 FEET THENCE
EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
1010.00 FEET A CENTRAL ANGLE OF 38 DEGREES 00 MINUTES 00 SECONDS AND AN ARC
LENGTH OF 669.80 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 8 THENCE NORTH 2 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID WEST
LINE OF THE NORTHEAST QUARTER OF SECTION 8 A DISTANCE OF 549.62 FEET THENCE ON
A BEARING OF EAST PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF SECTION 8
A DISTANCE OF 111.89 FEET TO THE POINT OF BEGINNING THENCE SOUTH 35 DEGREES 54
MINUTES 45 SECONDS WEST A DISTANCE OF 308.83 FEET TO A LINE 80.00 FEET WEST OF
AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8
THENCE NORTH 02 DEGREES 27 MINUTES 52 SECONDS WEST ALONG SAID PARALLEL LINE A
DISTANCE OF 250.36 FEET THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID NORTH
HALF OF SECTION 8 A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING SUBJECT TO
HIGHWAY
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director Parks and Recreation
ITEM DESCRIPTION:
Authorize Agreement with Michael
McGlaughlin for the Construction and Installation of a Public Art Sculpture at Elevate Apartments
ITEM NO.:
VIII.L.
Requested Action Move to: Authorize Agreement with Michael McGlaughlin for the Construction and
Installation of a Public Art Sculpture at Elevate Apartments.
Synopsis The development agreement with Elevate Apartments stipulated funding for a public art sculpture at
the northwest corner of Technology and Prairie Center Drive. City staff worked with Elevate staff to
recruit proposals from ten artists for the construction and placement of a sculpture. A committee selected several finalists and through the process Michael McGlaughlin became the selected artist. Mr. McGlaughlin has produced and installed many nature-themed sculptures throughout the United States. The selected sculpture depicts two cranes with a fish in their beaks.
Attachment Standard Contract for Goods and Services
Contract for Goods and Services
This Contract (“Contract”) is made on the _____day of______________, 20____, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Michael McLaughlin, a sole proprietor (hereinafter
“Vendor”) whose business address is 31 Torrington Heights Road, Torrington, CT 06790.
Preliminary Statement The City adopted a policy regarding the selection and hiring of vendors to provide a variety of
goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for: one (1) public art sculpture to be installed at the Elevate Development described site at the intersection of Technology Drive and Prairie Center Drive, hereinafter referred to as
the “Work”.
The City and Vendor agree as follows: 1. Scope of Work. Vendor agrees to provide, perform and complete all the provisions of the
Work in accordance with attached hereto as Exhibit A and incorporated by reference
herein. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by September 1, 2022, unless otherwise extended by the City or terminated under Paragraph 8 of this Contract. 3. Compensation for Services. The City agrees to pay Vendor a fixed sum of $40,000.00
under the following invoice schedule:
Invoice 01: Contract signed; 50% of allotted $40,000.00 budget for final design, engineering, materials, and beginning fabrication ($20,000.00); Invoice 02: Mid-fabrication photos sent; 30% of allotted $40,000.00 budget for
final fabrication and finishing ($12,000.00); and
Invoice 03: Delivery and install; 20% of allotted $40,000.00 budget ($8,000.00) as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, invoices in accordance with Paragraph 3 of this Contract. 5. Staffing. The Vendor has designated Michael McLaughlin to perform the Work.
Elevate Development Public Art Project Contract Page 2 of 8
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. To the extent not precluded by Minnesota law, Vendor shall indemnify.
defend, and hold harmless the City, its officers, agents, and employees from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorneys’ fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or
intentional act or omission performed, taken or not performed or taken by Vendor, its
agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. Vendor expressly warrants and guarantees to the City that all Work performed
and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. 10. Termination. Either party to this Contract may cancel this Contract upon thirty (30) days’ written notice, except in instances where Vendor fails to fulfill its obligations under this
Contract in a proper and timely manner, or otherwise violates the terms of this Contract, the
City has the right to terminate the Contract, if Vendor has not cured the default after receiving seven (7) days’ written notice of the default.
Elevate Development Public Art Project Contract Page 3 of 8
Notwithstanding the above, Vendor shall not be relieved of liability to the City for damages
sustained by the City as a result of any breach of this Contract by Vendor. The City may, in
such event, withhold payments due to Vendor for purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided here shall not limit the City, in case of any default, error or omission, by Vendor, from asserting any other rights or remedy allowed by law, equity, or by statute. Nothing in this
Contract shall be construed as a waiver of any right, remedy, liability, limit or immunity of
the City under law. 11. Independent Contractor. At all times and for all purposes herein, Vendor and its employees shall act as an independent contractor and acquire no rights to tenure, workers’
compensation benefits, unemployment compensation benefits, medical and hospital
benefits, sick and vacation leave, severance pay, pension benefits or other rights or benefits offered to employees of the City or its department. Vendor and its employees are not an employee of the City. No statement herein shall be construed so as to find Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City. 14. Contract Administration. All provisions of this Contract shall be coordinated and administered for the City by the Contract Manager, Jes Schrom, at 8080 Mitchell Road,
Eden Prairie, MN 55344.
15. Intellectual Property. The City shall possess and own the Work to be provided by Vendor. Vendor retains all other rights provided through the Copyright Act of 1976, 17 U.S.C. § 101 et seq. to the Work.
Since the artistic designs leading up to and including the final design and dimensions of the Work are unique, Vendor shall not make any additional exact duplicate reproductions of the final design and dimensions, nor shall Vendor grant to a third party, the right to replicate the artistic designs and dimensions of the Work, without the written permission of
the City.
Vendor grants to the City and its successors or assigns, an irrevocable license to make two-dimensional reproductions of the Work and the final designs to be used in brochures, media, publicity and catalogues or similar, non-profit publications.
The Work and design developed under this Contract shall be the exclusive property of the City and will be surrendered to the City upon the completion of the Work or upon the cancellation, termination, or expiration of this Contract.
Elevate Development Public Art Project Contract Page 4 of 8
If the Work prepared under this Contract is work or service provided by Vendor using a
proprietary system for which Vendor has proprietary rights, then the City will not own or
claim the Work as the City’s exclusive property. Vendor represents and warrants that said work or service does not and will not infringe upon the proprietary or any intellectual property rights of any other persons or entities.
In consideration of all rights to Vendor’s work, the City will waive, hold harmless, and
indemnify Vendor, and its directors, officers, agents, employees, and subconsultants, from any and all claims arising out of the City’s reuse or misuse of this Work, with the exception of the negligent acts, errors or omissions of Vendor and its directors, officers, agents, employees and subconsultants.
GENERAL TERMS AND CONDITIONS 16. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
17. Amendments. Any alterations, variations, modifications, or waivers of this Contract shall only be valid when they have been reduced to writing as an amendment to this Contract and signed by the parties.
18. Compliance with Laws and Regulations. In providing services hereunder, Vendor shall
abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
19. Conflict of Interest. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
20. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 21. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
22. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
23. Enforcement. Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys’ fees paid or incurred by the City in connection with the
Elevate Development Public Art Project Contract Page 5 of 8
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
24. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City’s public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
25. Governing Law. The law of the State of Minnesota shall govern all interpretations of this Contract and the appropriate venue and jurisdiction for any litigation which may arise under this Contract shall be in and under those courts located within the County of
Hennepin, State of Minnesota, regardless of the place of business, residence, or
incorporation of Vendor. 26. Non-Discrimination. During the performance of this Contract, Vendor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Vendor shall incorporate the foregoing requirements of this paragraph in all
of its subcontracts for performance of the Work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program work. Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
27. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by: (1) delivering it personally to an officer of the party, or (2) if mailed in a sealed wrapper by United States registered or (3) certified mail, return receipt requested, postage prepaid, or (4) if deposited cost paid
with a nationally recognized, reputable overnight courier, properly addressed to the other
party as follows: To Vendor: Michael McLaughlin
31 Torrington Heights Road
Torrington, CT 06790
Elevate Development Public Art Project Contract Page 6 of 8
To the City: City of Eden Prairie
Attn: Parks and Recreation Director 8080 Mitchell Road Eden Prairie, MN 55344
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 (1) 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, ten (10) days prior to the effective date of such change.
28. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
29. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
30. Headings. All paragraphs and section headings and captions in this Contract are inserted
for convenience only and shall not modify or affect the construction or interpretation of any provision of this Contract. 31. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (Data Practices Act). All
government data, as defined in the Data Practices Act Section 13.02, Subdivision 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall
comply with those requirements as if it were a government entity. All subcontracts
entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
VENDOR
Elevate Development Public Art Project Contract Page 7 of8
__________________________________
Elevate Development Public Art Project Contract Page 8 of 8
EXHIBIT A Consultant Proposal/Scope of Services
One bronze sculpture standing at 7 feet in height, consisting of two cranes on a branch with fish in between them. Additional highlights of color shall be added to the leaves, crane heads, and fish. A full-scale plaster prototype will be constructed and sent to foundries for casting into
bronze. Vendor will weld, fabricate, and finish the metal, and patina the metal for the final
product. Vendor will work with Jes Schrom (City), Carter Schulze (City), and/or Christina Withers (Elevate) to coordinate and determine specific site preparation and other items as needed. Vendor shall personally deliver and install the sculpture without the assistance of outside contractors or employees. Vendor shall provide all necessary tools required for installation of the
sculpture. See attachments for details, including visual design, install plans, and schematics.
The proposed medium
for all our projects is silicon
bronze.
For 17 years we have been fortunate
enough to operate our own studio
foundry.
This important asset allow us to
perform all stages of our creative
and technical fabrications under one
roof.
Nature offers us the ability
to change the way we view
our world.
Before I begin,
I would like to express a very special thank you to the following
for their generous help in my research and
extra long list of questions!
The Eden Prairie Public library
The Eden Prairie Community Center
The Eden Prairie Chamber of Commerce
All the very helpful Archivists at the Eden
Prairie Historical Society Museum
&
The Minnesota Dept. of Fish & Wildlife,
Dept of Natural Resources!
The drawings contained within this sketchbook are intended to present
the thought and sentiment I would strive to bring to your sculpture.
I have always maintained that Public Art should perpetuate a generosity
of spirit with its’ community.
Viewers should discover the unexpected, finding content that applies to
another part of their lives and thus, the art becomes a co-creation.
With that said…..
City of
Eden Prairie
Elevate at the SW Station
Public Art Project
A sketchbook of proposals
“Joys come from simple and natural things:
Mists over meadows, sunlight on leaves,
The path of the moon over water.”
-Sigurd Olson
Ely, MN
“Cranes and Fish”
7 ft. tall
Medium: bronze
Natural bronze patina
with highlights of
color
They have the ability to bring attention or subdue.
Patinas can also make bronze appear rich,
bright & iridescent
Patinas can suggest aged antiquity.
Our unique applications of traditional
and contemporary finishes require little to
no maintenance.
Color and Maintenance
Project Budget Project Timeline
Please feel free to reach out at any time for
further information, questions and concerns.
Thanks VERY much!
☺
Michael
www.mjmsculpture.com
&
https://www.youtube.com/channel/UCw4M5UM0m6CXI_ab-5kZ5eA
Grade
1.5 inch dia x 4 inch stainless
or bronze anchor bolts/ rod
stainless steel
304 series or silicon bronze
Existing 4” inch x 48” x
10ft. concrete slab
Bronze base plate/s
1 in. thk
Top View of concrete slab
Pins epoxied with Hilti HIT-RE 500 V3
(Supplied by artist)
To Whom it may concern, 08 November 2021
I am a sole proprietor doing business as Michael McLaughlin. I am an artist-sculptor based out of
Torrington, Connecticut.
In the matter of the proposed artist commission intended for Eden Prairie Elevate at SW Station Public Art
Project: It is my intention to personally create, deliver and install (if permissible) the proposed art work.
Any outside contractors or employees will not be necessary and all tools required will be furnished by
myself.
Please Visit Our Website At:
www.mjmsculpture.com Michael McLaughlin
Bronze Sculpture
31 Torrington Heights Road.
Torrington, Connecticut 06790 USA
(860)459-7949
contact@mjmsculpture.com
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Parks and Recreation Director
ITEM DESCRIPTION:
Lease Agreement with the Metropolitan Airports Commission for Flying Cloud Fields
ITEM NO.:
VIII.M.
Requested Action
Move to: Authorize entering into Lease Extensions with the Metropolitan Airports Commission
(MAC) for Flying Cloud Fields through December 31, 2022. Synopsis
Staff is currently working with MAC staff to draft a longer-term lease for City Council and MAC
Board consideration. This lease is intended to allow for continued athletic association use during negotiations. Background
Flying Cloud Fields are owned by the Metropolitan Airports Commission. The property has been used by community athletic associations and leased by the City of Eden Prairie since 1964. The fields are currently used by the Soccer Club, Soccer Association, Football Association, Lacrosse Association, Baseball Association, and Miracle League Field participants.
Attachment Athletic Fields Lease Agreement
1
ATHLETIC FIELDS AREA LEASE AGREEMENT
THIS ATHLETIC FIELDS AREA LEASE AGREEMENT (“Lease”) is made between the Metropolitan
Airports Commission (“Commission”), a public corporation of the State of Minnesota, as Lessor,
and the City of Eden Prairie (“City”), as Lessee.
WITNESSETH:
WHEREAS, pursuant to a Memorandum of Understanding (“MOU”) dated December 17, 2002, the
City leased the property shown on attached Exhibit A from the Commission for athletic fields
pursuant to leases entered into in 2010 and subsequently amended and extended; and
WHEREAS, the most recent extension of the leases expired on December 31, 2020, and the City
and Commission entered into a short-term lease commencing on May 1, 2021, and expiring
December 31, 2021; and
WHEREAS, the City and the Commission are in negotiations regarding the future of a lease for
the property and the Commission is beginning long-term comprehensive planning for the Flying
Cloud Airport that may affect use of some or all of the leased property; and
WHEREAS, the City desires to use the property to operate athletic fields for the 2022 athletic
season and the Commission is willing to lease the property to the City for one-year to allow the
long-term comprehensive planning and negotiations regarding the future of a lease for the
property to advance; and
WHEREAS, this Lease was authorized by the Commission on November 15, 2021.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto
agree as follows:
1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the
terms and conditions stated herein, the following portions of the lands constituting Flying
Cloud Airport (“Airport”) in Hennepin County, Minnesota, totaling approximately 65 acres,
more particularly described as follows (“Premises”):
A. Lease Area 1 (“Expansion Area”)
That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that
part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 116,
Range 22, Hennepin County, Minnesota described as follows:
Commencing at the southeast corner of the Southeast Quarter of the
Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes
26 seconds West along the South line of said Southeast Quarter of the
Southwest Quarter a distance of 619.08 feet to the beginning of the land
to be described; thence North 25 degrees 24 minutes 54 seconds East a
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2
distance of 130. 77 feet; thence North 9 degrees 37 minutes 04 seconds
East a distance of 298.26 feet; thence North 16 degrees 44 minutes 37
seconds East a distance of 484.35 feet; thence North 25 degrees 24
minutes 54 seconds East a distance of 69. 17 feet; thence North 23 degrees
39 minutes 26 seconds West a distance of 28.43 feet; thence North 67
degrees 07 minutes 36 seconds West a distance of 331. 31 feet; thence
North 61 degrees 24 minutes 58 seconds West a distance of 90.45 feet;
thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98
feet; thence South 77 degrees 08 minutes 46 seconds West a distance of
208. 97 feet: thence
South 1 degree 01 minutes 47 seconds East a distance of 433.95 feet;
thence South 88 degrees 58 minutes 13 seconds West a distance of 200.00
feet to the easterly right of way line of H. C. S.A.H. No. 4; thence South 1
degree 01 minutes 47 seconds East along said easterly right of way line a
distance of 1210. 16 feet; thence North~86 degrees 30 minutes 19 seconds
East a distance of 316.86 feet; thence North 43 degrees 48 minutes 41
seconds East a distance of 454.24 feet; thence North 25 degrees 24
minutes 54 seconds East a distance of 141. 12 feet to the point of
beginning.
As designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a
part hereof.
The Premises shall be subject to the reservation of an access easement in favor of the
MAC or its assigns over, under and across the area cross-hatched and depicted in the
attached Exhibit B (the "Access Easement"). The Access Easement is intended to be
used to construct and maintain vehicular access to the MAC parcel to the north of the
Premises. The portion of the Access Easement that is existing roadway shall continue
to be maintained at the sole cost and expense of the City at all times relevant to the
term of this Lease.
B. Leased Area 2
That part of the Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southeast Quarter of Section 21, Township 116, Range 22, and that part
of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the
Northeast Quarter of Section 28, Township 116, Range 22, Hennepin County,
Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of the
Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes
26 seconds West along the South line of the Southeast Quarter of the
Southwest Quarter of said Section 21 a distance of 619.08 feet to the
beginning of the land to be described; thence North 25 degrees 24 minutes
54 seconds East a distance of 130.77 feet; thence North 9 degrees 37
minutes 04 seconds East a distance of 298. 26 feet; thence North 16
degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence
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3
North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet;
thence South 23 degrees 39 minutes 26 seconds East a distance of 0.65
feet; thence South 66 degrees 56 minutes 19 seconds East a distance of
72.46 feet; thence North 68 degrees 03 minutes 41 seconds East a
distance of 36. 18 feet; thence South 70 degrees 29 minutes 07 seconds
East a distance of 47.68 feet; thence South 65 degrees 52 minutes 46
seconds East a distance of 202.92 feet; thence South 64 degrees 53
minutes 29 seconds East a distance of 190.40 feet; thence South 64
degrees 24 minutes 47 seconds East a distance of 503.52 feet; thence
South 58 degrees 42 minutes 09 seconds East a distance of 90.45 feet;
thence South 64 degrees 24 minutes 47 seconds East a distance of 271.03
feet; thence South 60 degrees 35 minutes 56 seconds East a distance of
59.29 feet; thence South 21 degrees 56 minutes 19 seconds East a distance
of 40.07 feet; thence South 64 degrees 24 minutes 47 seconds East a
distance of 57.28 feet; thence North 68 degrees 03 minutes 41 seconds
East a distance of 20.98 feet; thence South 25 degrees 24 minutes 54
seconds West a distance of 52.94 feet; thence along a tangential curve,
concave northeast, having a radius of 85.00 feet, a central angle of 52
degrees 00 minutes 23 seconds and a length of 77. 15 feet; thence along
a reverse curve, concave southwest, having a radius of 155.08 feet, a
central angle of 52 degrees 00 degrees 23 seconds and a length of 140.76
feet; thence South 25 degrees 24 minutes 54 seconds West a distance of
17.28 feet; thence South 29 degrees 13 minutes 44 seconds West a
distance of 180.40 feet; thence South 25 degrees 24 minutes 54 seconds
West a distance of 47.49 feet; thence South 44 degrees 42 minutes 35
seconds West a distance of 219.41 feet; thence South 25 degrees 24
minutes 54 seconds West a distance of 174.27 feet; thence South 69
degrees 38 minutes 32 seconds West a distance of 379.90 feet; thence
North 63 degrees 30 minutes 44 seconds West a distance of 1151.52 feet;
(hence North 25 degrees 24 minutes 54 seconds East a distance of 141.
12 feet to the point of beginning.
As designated "Lease Area 2" on the plat attached hereto as Exhibit A and made a part
hereof.
2. USE. The Premises may be occupied and used by the City for recreational purposes as
follows:
Solely for the maintenance and operation of ball diamonds, soccer, football, and
lacrosse fields and associated ancillary uses.
Use of the Premises hereunder and improvements made in furtherance of such use shall
at all times comply with clearance requirements under FAA regulations and state zoning
requirements.
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4
3. TERM. The term of this Lease shall be one year, commencing January 1, 2022, and
expiring December 31, 2022. There shall be no renewal or hold over of this Lease, and
Commission is not obligated to provide notice of expiration.
Unless a new lease is reached, the City shall have 90 days after expiration or termination
of this Lease within which to remove its property, equipment and fixtures located or placed
thereon and to restore the Premises to a condition acceptable to the Commission.
4. ASSIGNMENT OF LEASE. The City shall not assign or transfer this Lease, nor permit this
Lease to become transferred by operation of law or otherwise, nor do or suffer any acts
to be done whereby the same may be or become assigned in whole or in part. The City
shall not sublease the whole or any part of the Premises.
5. CONSTRUCTION AND MAINTENANCE. In addition to the Premises, it is understood that
certain aspects of the ball fields are located off the Premises, including temporary fence,
storm sewer culverts and aprons, and infiltration/drainage ditches, as shown in the plans
and specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February 10,
2000. These structures are understood to be included as previous improvements to the
Premises, for which the City shall maintain and operate, and repair and replace as
necessary the personality, equipment and fixtures of a non-permanent nature as are
incident to the development of the Premises for the authorized uses, including grading,
seeding or sodding as required and construction of physical improvements thereto and
thereon, all at no cost to the Commission and subject to removal by Lessee of all property,
equipment and fixtures and, if necessary, the restoration of the Premises on termination
of this Lease. If maintenance of the detention pond, into which the ball field drainage
empties, becomes necessary, the City will pay a pro-rata portion of the expenses. The
pro-rata portion will be the estimated amount of drainage into the pond from the ball
fields of the total drainage into the pond.
All plans for the grading and construction of and relating to replacement of or alterations
to the Premises, facilities or improvements shall require Commission staff review and
approval, and in addition, all expansion, construction, repair, replacement and alteration
plans must meet the requirements of the Federal and State regulatory agencies for
clearance and protection of approaches in respect to the airport. Final design by City for
the Premises shall be subject to review and approval by Commission for conformance with
FAA and state rules and regulations and compatibility with airport operational
requirements. The City will provide for the storm water retention needs relating to the
Premises. All work shall be carried on at such time or times and under such control as
the Commission’s Airport Manager may impose to coordinate the same with the necessary
continuous operation of the airport. The City shall fence the Premises, according to
Commission requirements, to prevent unauthorized access to the airport operational
areas.
In addition, the City agrees to comply with the notification and review requirements
covered in Part 77 of the Federal Aviation Regulations in the event any future structure or
building is planned for the Premises, or in the event of any planned modification or
alteration of any present or future building or structure situated on the Premises.
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5
All work shall be completed at City’s cost, and City shall notify Commission prior to
continuing any work if any foreseen or unforeseen environmental conditions exist or
manifest; keep the Premises, this Lease and every improvement on the Premises free and
clear from all liens for labor performed and materials furnished; and defend, at City’s cost,
each and every lien asserted or filed against the land, any part thereof, or against this
Lease or any improvement on the Premises and pay each and every judgment resulting
from such lien.
In addition to the monetary rent paid to the Commission, the City shall, at all times and
at no cost or expense to Commission, maintain the Premises and all improvements thereon
in a neat and clean condition and in good repair and shall keep the Premises free from
debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on
the Premises and shall permit no illegal acts or conduct thereon or such as will constitute
a nuisance.
6. RENT. As rent for the Premises the City shall pay in advance an amount of $16,350.00
for the term of the Lease.
City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection,
and storm sewer charges, environmental charges and fees, or other similar charges used
on or attributable to the Premises, together with any taxes, penalties, interest or
surcharges associated with such utilities and charges.
City shall pay all applicable taxes (including, but not limited to, property taxes),
assessments, license fees, regulatory fees and other charges, if any, imposed by any other
governmental authority during the Term of this Lease upon or related to the Premises,
buildings, improvements or other property located thereon, or upon City’s use or
occupancy, for whatever term deemed applicable to City by that governmental authority.
City shall pay these amounts without deduction or set-off against Rent to be paid under
this Lease.
7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any
and all claims or causes of action arising or claimed to arise by reason of injury or death
to person or damage to property and arising out of or incidental to the Commission’s grant
to the City of this Lease or out of act or omission of person or persons incident to use and
occupancy of the premises. The City shall either (i) maintain insurance, a standard term
policy or policies of insurance in amounts as hereinafter set out against public liability,
blanket contractual liability and property damage including personal and advertising and
products liability, or (ii) provide self-insurance of equivalent protection. Such policy of
policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as
such statute may be amended or modified from time to time, which currently requires one
million five hundred thousand dollars ($1,500,000) per accident or occurrence or five
hundred thousand dollars ($500,000) per person. The general liability insurance shall
name the City as insured and shall also name the Commission as additional insured by
endorsement to the policy or policies. The City also shall maintain statutory workers’
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6
compensation insurance or self-insurance for all employees performing work under this
agreement.
Nothing in this Lease constitutes a waiver by the City of any statutory or common law,
defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie
under this section cannot exceed the greater of (i) the amount that the City would be
obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the
amount of insurance carried by City applicable to a claim referred to in the first sentence
of this Section 7.
8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save
harmless the Commission from any and all claims, liens or liability which may arise from
City’s construction, maintenance, repair or replacement aforesaid or from claims of labor
or materials involved in or rising out of the same.
The City shall indemnify, defend and hold harmless Commission from and against any and
all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for
loss, damage or injury to persons or property on or about the lands under Lease from
whatever cause, and Commission shall not be liable to the City to any extent, nor will the
City make any claim against Commission for or on account of damage to the lands under
Lease or loss damage to or destruction of improvements, facilities and structures thereon.
Nothing in this Agreement constitutes a waiver by the City of any statutory or common
law, defenses, immunities, or limits on liability. The obligation of the City under this section
cannot exceed the greater of (i) amount that the City would be obligated to pay under
the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance
carried by City applicable to a claim referred to in the first sentence of this Section 8.
9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval
and agreement of the FAA and MN/DOT, Division of Aeronautics that the development
and use of such lands for recreational purposes would not conflict with aircraft operations
to and from the airport and would comply with the clearance and approach requirements
presently applicable at said airport.
10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and
regulations of the United States of America, the State of Minnesota, or of agencies,
departments or divisions of either (including but not limited to the Riley-Purgatory and/or
the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises
and the use thereof or relating to control of ground and air traffic, aircraft operations and
the general use and operation of the airport; and the City shall see to the payment of any
all taxes, assessments, license fees or other charges that may be legally levied, assessed
or made during the term of this Lease or any extension thereof by reason of the uses
hereby permitted of the Premises. City shall provide evidence of compliance with such
laws to the Commission upon request of the Commission.
11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the
height of structures, objects of natural growth, and other objects on the Premises to a
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height that will not constitute an obstruction as determined by the standards in Federal
Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the
Commission reserves the right to enter upon the Premises and to remove the offending
structure or object and cut the offending tree, all of which shall be at the expense of the
City. Further, the City agrees that no lights will be permitted (including automobile
headlights) or installed on the Premises which will have a detrimental effect on control
tower operations or otherwise affect night operations.
12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to
prevent any use of the Premises which might interfere with the landing and taking off of
aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute
a hazard, or interfere with air navigation and communication facilities presently or in the
future serving the Airport. In the event the aforesaid covenant is breached, the
Commission reserves the right to enter upon the Premises and cause the abatement of
such interference at the expense of the City.
13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises
is conditioned upon and shall be without prejudice to the rights of the Commission as
owner and operator of the aforesaid public airport of which the subject Premises constitute
a part.
14. [DELETED.]
15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or
improve the landing area of the Airport as it sees fit, regardless of the desires or view of
the City.
Commission reserves the right, but shall not be obligated to the City, to maintain and keep
in repair the landing area of the Airport and all publicly-owned facilities of the airport,
together with the right to direct and control all activities of the City in this regard.
16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents
and employees or contractors have a right of entry upon the Premises, as may be
necessary in the development, maintenance and operation of the airport, including for the
purpose of wildlife management. Further, the Commission reserves the right to install and
maintain on the Premises such utility lines, conduits, pipes and facilities as may be
necessary to the development, maintenance and operation of said airport, provided
Commission shall at its cost and expense, repair any damages and restore any portion of
the Premises damaged by reason of such installation and maintenance. However, if the
City causes the need for such repair, construction, installation, or maintenance, the
Commission will not pay to repair or restore any part of the Premises.
17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City
will advise those making use of or coming on the Premises and the parents of those
children making use of the Premises that Commission has no responsibility in respect to
maintenance, care, policing, control and supervision of the premises so long as this Lease
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8
is in effect. The City will post signage visible to property users that the Premises are
owned by the Metropolitan Airports Commission.
18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or
otherwise) “left over” from City’s use and occupancy of the Premises are the property of
the City and must be removed by the City. Waste disposal must follow all county, state
and federal regulations. MAC is not the owner, generator or the party responsible for
removal/disposal of this waste/material.
City shall also notify MAC of any spills or dumping, regardless of the amount, occurring
on Airport property to which the City has knowledge. If MAC incurs costs related to a spill
or other environmental expense related to City’s operations at the Airport, unless due to
the negligence of MAC, MAC will bill City for all MAC’s costs, plus a fifteen percent (15%)
administrative fee. City shall pay MAC within thirty (30) days of invoice.
19. NOTICE. All notices or communications between Commission and City shall be deemed
sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii)
by registered or certified mail return receipt requested, or (iii) by nationally recognized
overnight courier service. Except as otherwise specified herein, all notices and other
communications shall be deemed to have been duly given (a) the date of receipt or
rejection if given personally, (b) three (3) business days after the date of posting if given
by certified or registered mail, or (c) the first (1st) business day after the date of posting
if delivered by a nationally recognized courier delivery service. Notices hereunder may be
given by the respective attorneys for any of the parties. Addresses for all notices are as
follows:
Commission: Metropolitan Airports Commission
Attn: Joe Harris
6040 28th Avenue South
Minneapolis, MN 55450
City: City of Eden Prairie
Attn: Director of Parks and Recreation Services
8080 Mitchell Road
Eden Prairie, MN 55344
Either party may change the party’s address for notice by providing written notice to the
other party.
20. WAIVER. The waiver by Commission or City of any breach of any term of this Lease shall
not be deemed a waiver of any prior or subsequent breach of the same term or any other
term of this Lease.
21. COMMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be
construed to prevent Commission from making such commitments as it desires to the
Federal Government or the State of Minnesota in order to qualify for the expenditure of
Federal or State funds on the Airport.
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This Lease shall be subordinate to the provisions of and requirements of any existing or
future agreement between Commission and the United States, relative to the
development, operation, or maintenance of the Airport.
22. RIGHT OF FLIGHT / NOISE. There is hereby reserved to the Commission, its successors
and assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Premises, together with the right to cause
in said airspace any noise inherent in the operation of any aircraft used for navigation or
flight through the said airspace or landing at, taking off from, or operation on the Airport.
23. ADDITIONAL FAA REQUIRED PROVISIONS
Performance of Services on Aircraft. It is clearly understood by Tenant that no right or
privilege has been granted which would operate to prevent any person, firm, or
corporation operating aircraft on the Airport from performing any services on its own
aircraft with its own regular employees (including, but not limited to, maintenance and
repair) that it may choose to perform, in accordance with MAC policies.
General Civil Rights Provision. The Tenant agrees to comply with pertinent statutes,
Executive Orders and such rules as are promulgated to ensure that no person shall, on
the grounds of race, creed, color, national origin, sex, age, or disability be excluded
from participating in any activity conducted with or benefiting from Federal assistance.
If the Tenant transfers its obligation to another, the transferee is obligated in the same
manner as the Tenant.
This provision obligates the Tenant for the period during which the property is owned,
used or possessed by the Tenant and the airport remains obligated to the Federal
Aviation Administration. This provision is in addition to that required by Title VI of the
Civil Rights Act of 1964.
Title VI Clause for Use of Real Property. The Tenant for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that: (1) no person on the
ground of race, color, or national origin, will be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities,
(2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the ground of race, color, or national origin,
will be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the Tenant will use the premises in compliance with all other
requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities.
With respect to this Lease, in the event of breach of any of the Nondiscrimination Acts
and Authorities, MAC will have the right to terminate the lease and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the lease had
never been made or issued.
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Title VI Clause for Construction/Use/Access to Real Property. The Tenant for
himself/herself, his/her heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that (1) no person on the ground of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land, and the furnishing of
services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the Tenant will use the premises in compliance with all other
requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities.
With respect to this Lease, in the event of breach of any of the above nondiscrimination
covenants, MAC will have the right to terminate the Lease and to enter or re-enter and
repossess said land and the facilities thereon, and hold the same as if said Lease had
never been made or issued.
Civil Rights – Title VI Assurance. During the performance of this contract, the Tenant,
for itself, its assignees and successors in interest (hereinafter referred to as the
"Tenant") agrees as follows:
1. Compliance with Regulations. The Tenant will comply with Title VI List of
Pertinent Nondiscrimination Acts and Authorities, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The Tenant, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of sub-contractor, including procurement or
materials and leases of equipment. The Tenant will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation made by the
Tenant for work to be performed under a subcontract, including procurement of
materials, or leases of equipment, each potential sub-contractor or supplier will
be notified by the Tenant of the Tenant’s obligations under this contract and the
Nondiscrimination Acts and Authorities.
4. Information and Reports. The Tenant will provide all information and reports
required by the Nondiscrimination Acts and Authorities and will permit access to
its books, records, accounts, other sources of information, and its facilities as
may be determined by MAC or the Federal Aviation Administration (FAA) to be
pertinent to ascertain compliance with such Nondiscrimination Acts and
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Authorities and instructions. Where any information required of a Tenant is in
the exclusive possession of another who fails or refuses to furnish this
information, the Tenant will so certify to MAC or the Federal Aviation
Administration, as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance. In the event of the Tenant’s noncompliance with
non-discrimination provisions of this contract, MAC shall impose such contract
sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to;
(a) Withholding payments to the Tenant under the contract until the Tenant
complies; and/or
(b) Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions. The Tenant will include the provisions of paragraphs
one through six in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Nondiscrimination Acts and
Authorities. The Tenant will take action with respect to any subcontract or
procurement as MAC or the Federal Aviation Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance.
Provided, that if the Tenant becomes involved in, or is threatened with litigation
by a sub-contractor, or supplier because of such direction, the Tenant may
request the MAC to enter into any litigation to protect the interests of the MAC.
In addition, the Tenant may request the United States to enter into such
litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance
of this contract, the Tenant, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Tenant”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
•Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
•49 CFR part 21 (Non-discrimination in Federally-assisted programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964);
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
•Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as
amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;
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12
•The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)
(prohibits discrimination on the basis of age);
•Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as
amended (prohibits discrimination based on race, creed, color, national origin, or
sex);
•The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and Operators,
whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department
of Transportation regulations at 49 CFR parts 37 and 38;
•The Federal Aviation Administration’s Nondiscrimination statute (49 USC §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 USC
1681 et seq).
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IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year
written below.
METROPOLITAN AIRPORTS COMMISSION
By________________________________
Eric Johnson
Director of Commercial Management and Airline Affairs
Date______________
CITY OF EDEN PRAIRIE
By________________________________
Mayor
Date________________
By _________________________________
City Manager
Date ________________
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EXHIBIT A
PREMISES
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EXHIBIT B
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION:
Community Garden Plot Lease Agreement with
Metropolitan Airport Commission
ITEM NO.:
VIII.N.
Requested Action
Move to: Approve one-year Community Garden Plots Lease Agreement with the Metropolitan
Airport Commission (MAC). Synopsis
This lease agreement is for the use of the 3.17 acre land parcel of MAC Property at 13180 Pioneer
Trail for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2021. The MAC has prepared a new one year lease agreement at the rental rate of $577.91, which allows the City the right to utilize
this property again for the 2022 gardening season.
Attachment Lease Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
January 4, 2022
DEPARTMENT / DIVISION
Police, Chief Matt Sackett
ITEM DESCRIPTION
Approval of 2022 Towing Services Agreement
ITEM NO.
VIII.O.
Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Allen’s Service Inc, DBA Matt’s Auto Service
Synopsis This agreement for towing services will provide consistency of towing services and costs.
Background For 56 years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie. Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service provides towing/impoundment services for several other local police departments. This is a renewal of
the 2021 agreement. Attachment Agreement
1
2022 AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 4th day of January, 2022, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 (“City”), and Allen’s Service Inc. DBA Matt’s Auto Service, 6283 Industrial Drive, Eden Prairie, MN 55346 (“Contractor”).
In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor’s Services. The Contractor agrees to provide all services required by the City for towing of “vehicles,” as that term is defined in Minn. Stat. §
169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided for the towing of vehicles shall be
checked for driver’s license and warrants by the City of Eden Prairie Police Department (hereinafter, the “Police Department”) prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws.
3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits.
4. Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24
hours a day for the purpose of receiving requests for service pursuant to this Agreement,
and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall follow MN State Statue notification requirements listed in
State Statue 168B.06. A record of this notice shall be retained by the Contractor.
6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department (“Police Hold”) shall not be released without written authorization from the Police Department. Vehicles not kept on a Police
Hold shall be released by the Contractor after obtaining proper proof of ownership and
proof of current insurance coverage if the vehicle is to be driven out of the storage facility. The Contractor reserves the right to specify the manner of payment for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of
2
operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 11:00 a.m. to 12:00 p.m. Saturdays, Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the
Police Department. 7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is:
TOWING RATES Impounded vehicles $145.00 Trailering impounded vehicles (additional) $5 minimum Accidents $145.00*
Lowboy & Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $250.00 per hour*
On-scene additional labor charges $50.00/hour minimum *additional labor charges may be imposed depending on the specific equipment or labor needed at the scene.
STORAGE RATES Cars and pickup trucks $35.00/day Two wheel motor vehicles,
mopeds, ATVs, and snowmobiles $45.00/day
Inside storage $55.00/day Tractor-trailers, large trucks $65.00-75.00/day Note: (1) Vehicles not able to be towed by conventional means due to unusual
factory or after-market equipment installed will be towed at the lowboy
and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges may include, but are not limited to, unlocking
vehicles, disconnecting transmission linkages or driveshafts, unusual road
clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor.
All towing or storage charges shall be the responsibility of the vehicle owner, except that
(a) public safety vehicles requiring towing within the City shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee
3
for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor’s expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the
Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owner or lien holder shall be towed and stored
pursuant to the following guidelines: (a) Rates (i) Vehicles released within 15 days of impound (0–15 days) shall be
charged the towing and storage fees outlined in paragraphs 6 and 7. (ii) Vehicles released up to 60 days after impound (16–60 days) shall be charged a $200.00 flat fee.
(iii) Vehicles released more than 60 days after impound (61+ days) shall be charged a $200 flat fee plus $5 per day beginning on the 61st day. (b) Notification
(i) If the registered owner or lienholder collects the vehicle within 4 days of the date of release of the hold, the Contractor shall charge no additional storage rates beyond those outlined in (a)(i)–(iii), above.
(ii) If the registered owner or lienholder fails to collect the vehicle
within 2 days of the date of release of the hold, the Contractor shall send notification to the registered owner or lienholder via certified mail to collect the vehicle. If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the
notification, the Contractor shall charge the applicable storage rate
outlined in paragraph 7, beginning on the 5th day after the notification was mailed. (iii) If the Contractor is required to send notice by certified mail, the
Contractor shall also charge to the registered owner or lienholder $30.00
to cover staff time and materials. Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to 609.5318, § 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor
by the registered owner or lien holder which have already been paid by the City shall be
reimbursed to the City by the Contractor.
4
9. Transfer to Long-Term Storage Facility. At the City’s request, the Contractor agrees to transport vehicles from its facility to a long-term storage facility designated by the City. The City agrees to pay to the Contractor $115 for each vehicle
transported by the Contractor to the long-term storage facility. 10. Records and Reports. The Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the City (the “Annual Towing Report”). The Annual Towing Report shall include the
reasons why, if any, vehicles towed have not been released. The Contractor shall file the Annual Towing Report with the Police Department on or before January 31 of each year for the preceding twelve-month period. All records of services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request.
11. Administrative Fees. The Contractor agrees to pay the City $3.00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department. The Contractor shall pay these fees annually at the same time that the Contractor files the Annual Towing Report as provided in
paragraph 9. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 12. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor
shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff’s sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The
Contractor shall report all transactions of sale or disposal, including the proceeds
received, in the Annual Towing Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2019, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement.
13. Liability. The Contractor shall be responsible for the loss of, or damage
to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the vehicle, or by any other means. The Contractor shall be responsible for the safekeeping
of personal property within or on the vehicle as identified on the vehicle impound form.
14. Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its employees, and agents from and against all claims, damages, losses, and expenses, including attorneys’ fees, which the City may suffer or for which it may be
held liable because of bodily injury, including death, or damage to property, including
loss of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement.
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15. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts:
Hazardous Load As required by state and federal law Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $1,000,000 personal and advertising injury $10,000 medical expense
Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all hired, scheduled, and non-owned autos)
Umbrella or Excess Liability $2,000,000 Motor Cargo Coverage $200,000/$1,000 deductible
The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all
owned, hired, and non-owned motor vehicles. The insurance shall also cover the
indemnification liability set forth in paragraph 14. All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City.
The insurance company shall deliver to the City certificates of all required
insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate.
16. Non-Discrimination. The Contractor agrees during the life of this
Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis
6
prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement.
17. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by and covered by all terms of this Agreement.
18. Agreement Period. This Agreement shall be effective as of January 5, 2021, and terminate on January 15, 2022 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This Agreement may also be terminated by either party upon fifteen (15)
days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement
herein shall be construed so as to find the Contractor an employee of the City. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement as follows: (1) if it is directed to the City, by delivering it personally to an officer of the City; (2) if it is directed to the
Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to follow the email with mailed notice does not negate the validity of the emailed notice; or
(5) if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows: If to the City: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Greg Weber, Chief of Police Email: gweber@edenprairie.org
If to Buyer: Allen’s Service Inc. DBA
Matt’s Auto Service 6283 Industrial Drive Eden Prairie, MN 55346 Attn: _______________________________
Email: ______________________________
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time
7
for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10
days prior to the effective date of such change. 22. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of
this Agreement and entitle the City to terminate this Agreement. 22. Audit. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as
appropriate. 23. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-
half percent (1½%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor.
24. Data Practices Act Compliance. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act Section 13.02,
Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated
by the Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data
Practices Act compliance language.
25. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement.
26. Agreement Review. The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 27. Whole Agreement. This Agreement embodies the entire agreement
between the parties including all prior understanding and agreements, and may not be
modified, except in writing, signed by all parties.
8
Allen’s Service Inc. DBA CITY OF EDEN PRAIRIE
MATT’S AUTO SERVICE By___________________________ By______________________________ Its Owner Its Mayor
By___________________________ By_______________________________ Its City Manager
Dated:________________________ Dated:____________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION:
Purchase of Large Truck Lift for $119,691.82 from Vehicle Service Group, LLC.
ITEM NO.:
VIII.P.
Requested Action Move to: Approve purchase of large truck lift from Vehicle Service Group, LLC for $119,691.82. Synopsis The City Council approved 2021-2030 Capital Improvement Plan (CIP) included a project in 2021 for the purchase and installation of a large truck lift for Fleet Services. This lift will allow city personnel to safely and efficiently lift large vehicles like fire engines, dump trucks and Vactor machines for servicing and
repairs. The CIP budget for this project is $200,000 which includes funds for the large truck lift equipment as well as its installation which will be performed under a separate contract. The large truck lift has been purchased through the State of Minnesota Cooperative Purchasing Venture (CPV) which the City of Eden Prairie is a participating entity. This enables the City to buy vehicles and equipment
under the terms of contracts already negotiated by the State of Minnesota.
Attachments State of Minnesota CPV Contract
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5)
May 25, 2018
Ms. Christine Bilz Vehicle Service Group, LLC 2700 Lanier Drive Madison, IN 47250
Dear Ms. Bilz: The following documents are enclosed for you to complete and return: Participating Addendum No. 00000000000000000000(142332) for Vehicle Lifts and Garage Associated Equipment, Contract Release L-348(5). Vehicle Lifts and Garage Associated Equipment, through NASPO Value Point Contract No. 053169:
Minnesota Exhibit A, showing the Minnesota General Terms, Conditions, and Specifications, which includes the following: - State of Minnesota Workforce Certification Form - Equal Pay Certificate - Service and Delivery Form - Taxpayer Identification Form
A certificate of insurance from your insurer, in the amounts called for in the Contract, is required now. The insurance requirements are attached to the Notification of Contract Award for your convenience. Please have your insurance provider send a copy of the COI electronically to mmd.insurance@state.mn.us. No contract will be executed with your company until the COI has been received and approved. Instructions for properly completing the Contract documents are enclosed. Documents that are not properly executed will be returned to you. Failure to submit executed forms in the time required may result in cancellation of the award. Upon receipt of the properly executed forms, and after signatures are obtained from the appropriate State authorities, a copy of the completed Contract documents will be sent to your company. If you have any questions, please contact me. Sincerely,
Marsha West
Marsha West Acquisition Management Specialist/Buyer Enclosure
Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996
Please sign and return all sets of documents, VIA EMAIL, to Marsha West at
Marsha.West@state.mn.us above address by June 4, 2019.
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5)
INSTRUCTIONS
Return the signed sets of documents to the OSP office.
REQUIRED SIGNATURES:
The documents must be signed by an officer of your company, e.g., president, vice president, assistant vice president, corporate secretary, assistant corporate secretary, treasurer, or assistant treasurer.
If your company is a corporation, the signature of one corporate officer is binding. If your company is a partnership, the signature of one partner is binding.
If someone other than the corporate officers listed above signs the document (e.g., manager, sales manager, executive assistant, etc.), evidence of his or her authority to do so must accompany the document. The evidence can be either:
A corporate power of attorney, or
A certified copy of a board resolution authorizing the alternate signature with a letter attached and signed by a corporate officer stating the resolution is in force and effective
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 1 of 16
PARTICIPATING ADDENDUM
NASPO ValuePoint
For Vehicle Lifts and Related Garage Equipment
Between the State of Minnesota and Vehicle Service Group, LLC
NASPO ValuePoint Contract No. 05316
State of Minnesota Contract No. 00000000000000000000142332
1. Scope: Minnesota and Cooperative Purchasing Venture Program members, as defined in the attached Minnesota Exhibit A, may purchase the products and/or services available in the Participating Addendum. The Participating Addendum is not a purchase order, nor does it guarantee any purchases will be made.
2. Changes: The additional terms and conditions contained in Minnesota Exhibit A, which is attached and made part of the Participating Addendum, are hereby incorporated by reference. In the event of a conflict between the terms
contained within Minnesota Exhibit A and the NASPO ValuePoint Master Agreement, Minnesota Exhibit A shall prevail. The parties agree that this provision of the Participating Addendum supersedes the Standard Contract Terms and Conditions set forth in the NASPO ValuePoint Master Agreement. In the event that any provision of the Participating Addendum or NASPO ValuePoint Master Price Agreement is contrary to Minnesota law, such provision shall be null and void. The Participating Addendum shall be governed by Minnesota law. No adjustments to the contract discounts are allowed unless approved by the Lead State for the NASPO ValuePoint Master Agreement and adopted by the State of Minnesota through a fully executed Participating Addendum amendment. See Minnesota Exhibit B for contract discounts. 3. State’s Authorized Representative and Primary Contact: The State’s Authorized Representative and the primary contact individual for the Participating Addendum is identified below. All notifications to the State shall be in writing and addressed as follows: Name: Marsha West Title: Acquisition Management Specialist Address: Minnesota Department of Administration Office of State Procurement 50 Sherburne Ave., 112 Administration Bldg. St. Paul, MN 55155 Telephone: 651.201.2452 Fax: 651.297.3996 E-mail: Marsha.West@state.mn.us 4. Subcontractors: The following subcontractor(s) are authorized to perform services. NONE.
5. Authorized Signature: The Participating Addendum must be fully and properly executed by an officer or other authorized representative of the responder. If the responder is a corporation, a secretarial certificate or the corporate minutes showing that the signing officer has authority to contractually obligate the corporation should be furnished. Where the corporation has designated an attorney-in-fact, the power of attorney form should be furnished. If the
responder is a partnership, a letter of authorization should be furnished signed by one of the general partners. A sole proprietor must sign the response. Proof of authority of the person signing the response must be furnished upon request. The following documents, in order of precedence, are incorporated herein by reference and constitutes the entire Contract
between the Contract Vendor and the State: a. The Minnesota Participating Addendum b. The NASPO ValuePoint Master Agreement c. The NASPO ValuePoint Solicitation
d. Response to the NASPO ValuePoint Solicitation In the event of a conflict in language among any of these documents, the terms and conditions set forth and/or referenced in this Participating Addendum shall prevail over conflicting terms and conditions.
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 2 of 16
IN WITNESS WHEREOF, the parties have executed the Participating Addendum as of the date of execution by all parties below.
1. Contract Vendor: Vehicle Service Group, LLC The Contract Vendor certifies that the appropriate person(s) have executed this Participating Addendum on behalf of the Contract Vendor as required by applicable articles, bylaws, resolutions, or ordinances. By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Government Entity: State of Minnesota Office of State Procurement In accordance with Minn. Stat. § 16C.03, Subd. 3. By:
Title: Acquisition Management Specialist
Date:
3. State of Minnesota Commissioner of Administration
Or delegated representative. By:
Date:
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 3 of 16
Minnesota Exhibit A
Minnesota General Terms, Conditions, and Specifications 1. DEFINITIONS.
a. CPV Members. The Cooperative Purchasing Venture (CPV) program was established by Minn. Stat. § 16C.03, subd. 10, which authorizes the commissioner of the Minnesota Department of Administration (Commissioner of Administration) through its Office of State Procurement (OSP) to enter into a cooperative purchasing agreement for the provision of goods, services, and utilities” with one or more governmental units and other entities as described in Minn. Stat. § 471.59, subd. 1 and Minn. Stat. § 16C.03, subd. 10. Based on this authority, the Commissioner of Administration enters into a joint powers agreement that designates OSP as the authorized purchasing agent for the governmental unit or other entity. Governmental units and other entities joining the program are given an access code which identifies them as CPV members and permits them to access the OSP website to get information about commodities and/or services available on the State of Minnesota (State) contracts. Governmental units and other entities who are not members of the CPV program are not authorized to use the contract prices. The Contract Vendor agrees to provide the contract to CPV members at the same prices, terms, conditions, and specifications. For additional information, visit the OSP website at www.mmd.admin.state.mn.us. b. State Agencies. This term applies only to State agencies and departments, as defined in Minn. Stat. §§ 15.01
and 15.021.
c. Ordering Entity. This term applies to any State Agency or CPV Member when allowed in the Participating Addendum. d. State and State of Minnesota. These two terms apply to the Minnesota Department of Administration, Office of State Procurement (OSP), representing the State of Minnesota as the contracting agency for the Participating Addendum. e. Contract Vendor and Contractor. These two terms apply to the awarded vendor from the NASPO ValuePoint Master Agreement that OSP selects to receive a Participating Addendum. f. Contract. Contract is defined as the NASPO ValuePoint Master Agreement and the Minnesota Participating
Addendum. 2. EFFECTIVE DATE and CONTRACT PERIOD. The Contract shall be effective upon the date of final execution by the State of Minnesota. The Contract term will begin on June 23, 2017, or on the date of Participating Addendum execution, whichever is later, to February 9, 2019 with the option to extend up to (36) thirty six months, upon agreement by all parties. 3. ADMINISTRATION FEE. On a quarterly basis, the Contract Vendor shall return to the Department of Administration, Office of State Procurement, a fee of 1% (.0 1 multiplication factor) of the total sales during that quarter, to assist with the cost of administering the Contract. The fee shall be remitted to the State within 30 days of the end of the quarter. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The Contract Vendor must provide a report detailing the total sales to State agencies and CPV members. The report must be submitted with the check on or before the required 30 days after the end of the quarter. The State reserves the right, at any time during the Contract period, to amend the Contract to change or add fees. This may include fees directed to the Department of Administration, Office of State Procurement, Office of Enterprise Technology or other state entities. The reporting requirements and amount of the fee will be specified in the Contract amendment. The Contract Vendor will be allowed to adjust the Contract pricing up to the percentage of any additional fee(s).
4. STATE AUDITS (Minn. Stat. § 16C.05, Subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Contract or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Contract or transaction. The State reserves the right to authorize delegate(s) to audit this Contract and transactions.
5. ANTITRUST. The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Participating Addendum resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State.
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 4 of 16
6. INSURANCE. If applicable, prior to execution of the Participating Addendum, the Contract Vendor will be required to provide a copy of a Certificate of Insurance, including workers’ compensation insurance coverage requirements of Minn. Stat. § 176.181 subd. 2, and other coverages per the insurance requirements if included in the Participating Addendum. 7. INDEMNIFICATION, HOLD HARMLESS, AND LIMITATION OF LIABILITY. The Contract Vendor shall indemnify, protect, save and hold harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the State arising from the performance of the Contract by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the State’s failure to fulfill its obligations pursuant to the Contract. For clarification and not as a limitation, the Contract Vendor hereby expressly extends, in addition to the other terms, conditions and specifications of the Contract, the foregoing defense and indemnification obligations to Cooperative Purchasing Venture (CPV) Members, including Board of Trustees of the Minnesota State Colleges and Universities, in addition to Agency as defined in Minn. Stat. 16.C.02, in addition to the legislative and judicial branches and constitutional offices of state government. The State agrees that Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $10,000,000 or the Contract amount, whichever is greater. This limitation of liability does not apply to damages for personal injury or death, or to Contractor’s obligation to indemnify, defend and hold the State harmless against intellectual property infringement claims under paragraphs titled and included in this Agreement. This indemnification does not include liabilities caused by the State’s gross negligence or intentional wrong doing of the State. 8. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 9. GOVERNMENT DATA PRACTICES. The Contract Vendor and the State must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contract Vendor and all data provided to the State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the State. The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Contract, the Contract Vendor shall retain responsibility under the terms of this article for such work. 10. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 11. GOVERNING LAW. The Contract will be construed in accordance with and performance governed by the laws of the State of Minnesota. Except to the extent that the provisions of the Contract are clearly inconsistent therewith, the Contract shall be governed by the Uniform Commercial Code (UCC) as adopted by the State of Minnesota. To the extent the Contract entails delivery or performance of services, the services will be deemed ”goods” within the meaning of the UCC, except when to deem such services as ”goods” is unreasonable.
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 5 of 16
12. JURISDICTION AND VENUE. The Contract, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of the Contract or breach thereof shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. The Contract Vendor voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of the Contract, or any breach thereof. 13. HUMAN RIGHTS/AFFIRMATIVE ACTION. The State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of
NASPO ValuePoint PA (Rev. 1/6/17) Vehicle Lifts and Garage Associated Equipment L-348(5) Page 6 of 16
Human Rights. Such notices must state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 14. EQUAL PAY CERTIFICATION. If the Response to this solicitation could be in excess of $500,000, the Responder
must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not employed 40 or more full-time employees on any single working day during the previous 12 months in Minnesota or the state where it has its primary place of business. Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us.
15. PAYMENT. Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” The Ordering Entity is not required to pay the Contract Vendor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate Ordering Entity. In addition, all goods and/or services provided must meet all terms, conditions and specifications of the Contract and the ordering document and be accepted as satisfactory by the Ordering Entity before payment will be issued.
Conditions of Payment. The Contract Vendor under the Contract must be in accordance with the Contract as determined by the sole discretion of the State’s Authorized Representative and be in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Minnesota Secretary of State. 16. PURCHASE ORDERS (PO). The State requires that there will be no minimum order requirements or charges to
process an individual purchase order unless otherwise stated in the Contract. The Contract number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity’s purchase order constitutes a binding contract.
17. PURCHASING CARDS. Not Applicable
18. TAXES. DO NOT add sales tax to the prices being offered. Unless otherwise instructed by the State, agencies will pay all applicable taxes directly to the Department of Revenue. Per Department of Revenue Tax Fact Sheet 142, State agencies are not required to submit an ST3 form to their suppliers. See website at http://www.revenue.state.mn.us.
If orders are issued by Cooperative Purchasing Venture (CPV) Members, the Contract Vendor should confirm all of the tax requirements with the ordering entity. 19. SHIPPING REQUIREMENTS. All shipments shall be FOB Destination. Freight charges shall be prepaid and allowed unless otherwise stated in the NASPO ValuePoint Master Agreement.
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20. DEFAULT. All commodities and services furnished will be subject to inspection and acceptance by the Ordering Entity after delivery. No substitutions or cancellations are permitted without approval of the Ordering Entity. Back orders, failure to meet delivery requirements, or failures to meet specifications in the purchase order and/or the Contract authorizes the Ordering Entity to cancel the purchase order, or any portion of it, purchase elsewhere, and charge the full increase in cost and administrative handling to the defaulting Contract Vendor. In the event of default, the State reserves the right to pursue any other remedy available by law. A Contract Vendor may be removed from the vendor’s list, suspended or debarred from receiving a Contract for failure to comply with the terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract. 21. ASSIGNMENT. The Contract Vendor shall not sell, transfer, assign, or otherwise dispose of the Contract or any
portion hereof or of any right, title, or interest herein without the prior written consent of the State’s Authorized Representative. Such consent shall not be unreasonably withheld. The Contract Vendor shall give written notice to the State’s Authorized Representative of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of the Contract. Failure to do so may result in the Contract Vendor being held in default. This consent requirement includes reassignment of the Contract due to a change in ownership, merger, or acquisition of the Contract Vendor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contract Vendor’s right to assign the Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contract Vendor shall remain solely liable for all performance required and provided under the terms and conditions of the Contract. 22. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of the Contract will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the State, the State shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify, defend to the extent permitted by the Minnesota Attorney General’s Office, and hold harmless the State against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the State. If such a claim has occurred, or in the Contract Vendor’s opinion is likely to occur, the Contract Vendor shall either procure for the State the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the State is not reasonably available, the State shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor’s expense. This remedy is in addition to any other remedy provided by law. 23. PARTICIPATING ADDENDUM AMENDMENTS. Except as provided herein, the Participating Addendum shall be
modified only by written amendment duly executed by an authorized representative of the State and the Contract Vendor. No alteration or variation of the terms and conditions of the Participating Addendum shall be valid unless made in writing and signed by the parties as required by law. Every amendment shall specify the date on which its provisions shall be effective. An approved Participating Addendum amendment means one approved by the authorized signatories of the Contract Vendor and the State as required by law. 24. TERMINATION OF THE PARTICIPATING ADDENDUM. The Participating Addendum may be canceled by the State or the Commissioner of Administration at any time, with or without cause, upon 30 days written notice to the Contract Vendor. In the event the Contract Vendor is in default, the Participating Addendum is subject to immediate cancellation to the extent allowable by applicable law. In the event of such a cancellation, the Contract Vendor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed and accepted. The Contract Vendor may request to cancel the Participating Addendum but must receive written approval from the State.
25. ADMINISTRATIVE PERSONNEL CHANGES. After execution of this Participating Addendum the State must be notified of intended changes in the Contract Vendor’s administrative personnel as soon as practicable. 26. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the State’s Authorized Representative and the State’s Assistant Director or designee of Office of State Procurement.
The Contract Vendor shall make no representations of the State’s opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Contract without the prior written consent of the State’s Assistant Director or designee of the Office of State Procurement. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices.
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27. AMERICANS WITH DISABILITIES ACT (ADA). Products provided under the Contract must comply with the requirements of the Americans with Disabilities Act (ADA). The Contract Vendor’s catalog and other marketing materials utilized to offer products under the Contract must state when a product is not in compliance. If any descriptive marketing materials are silent as to these requirements, the Contract Vendor agrees that the customer can assume the product meets or exceeds the ADA requirements.
28. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards :
a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means;
b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact;
c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and
d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.
These standards are not applicable for installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired.
29. USAGE REPORT. The Contract Vendor is required to furnish usage data to the State’s Authorized Representative on a quarterly basis based on the state fiscal year which begins on July 1. The quarter periods are July 1 to September
30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The report on the Contract usage must consist of the total dollars expended by both State Agencies and CPV members. Failure to provide these reports may result in Contract cancellation. 30. MINNESOTA REPORTING REQUIREMENTS AND ADMINISTRATIVE FEE. On a quarterly basis, the Contract Vendor shall return to the Department of Administration, Office of State Procurement, a fee of 1% (.01 multiplication factor) of the total sales during that quarter, to assist with the cost of administering the Participating Addendum. The administrative fee shall be remitted to the State within 30 days of the end of the quarter. The quarter periods are July 1 to September 30 (1st Quarter), October 1 to December 31 (2nd Quarter), January 1 to March 31 (3rd Quarter), and April 1 to June 30 (4th Quarter). The Contract Vendor must provide a report detailing the total sales to State Agencies and CPV Members. The report must be submitted with the check on or before the required 30 days after the end of the quarter. The administrative fee shall not affect the discount off the MSRP price.
31. SEVERABILITY. If any provision of the Contract, including items incorporated by reference, is declared or found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions; if the remainder of the Contract is capable of performance it will not be affected by the declaration or finding and will be fully performed. 32. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT METHOD AND STRUCTURE. In accordance with Minn. Stat.
§ 16A.40 the Contract Vendor is required to provide their bank routing information to the Minnesota Department of Finance to enable payments to be made through EFT. 33. COPYRIGHT. The Contract Vendor shall save and hold harmless the State of Minnesota, its officers, agents, servants and employees, from liability of any kind or nature, arising from the use of any copyrighted or noncopyrighted composition, secret process, patented or nonpatented invention, article or appliance furnished or used in the performance of the Contract.
34. SURVIVABILITY. The following rights and duties of the State and Contract Vendor will survive the expiration or cancellation of the resulting Contract(s). These rights and duties include, but are not limited to the paragraphs on Indemnification, Hold Harmless, and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Intellectual Property Indemnification, Publicity and Minnesota Reporting Requirements and Administrative Fees. Software licenses, warranty, maintenance agreements and service agreements that were entered into under the terms and conditions of the Agreement shall survive the expiration or termination of this Agreement.
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35. PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED. By signing the Contract, Contract Vendor certifies that they have read and will comply with Minn. Stat. §§ 325E.385-325E.388. 36. IT ACCESSIBILITY STANDARDS. Contract Vendor acknowledges and is fully aware of the accessibility requirements of Minnesota Statutes section 16E.03 and the State of Minnesota Accessibility Standards – available online at http://mn.gov/oet/images/Stnd_State_Accessibility.pdf or http://mn.gov/oet/ – that incorporate both Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines 2.0 level ‘AA’. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. If website, training or any of the above available through this contract, Contract Vendor agrees to develop functionality which supports accessibility.
37. E-VERIFY CERTIFICATION. For services in excess of $50,000, the Contract Vendor certifies that as of the date of services performed on behalf of the State, the Contract Vendor and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. This is required by Minnesota Statutes Section 16C.075. The Contract Vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor
Certification Form available on OSP website www.mmd.admin.state.mn.us. All subcontractor certifications must be kept on file with the Contract Vendor and made available to the State upon request. 38. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied to the State by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide the State with Material Safety Data Sheets regarding those substances. A copy must be included with each delivery.
39. SUBCONTRACTOR PAYMENT (When Applicable). In accordance with Minn. Stat. § 16A.1245, the Contract
Vendor shall, within 10 days of receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contract Vendor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontractor that takes civil action against the Contract Vendor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contract Vendor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the event the Contract Vendor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contract Vendor and deduct said payment from any remaining amounts due the Contract Vendor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contract Vendor written notice that payment will be made directly to a subcontractor or supplier for undisputed services. If there are no remaining outstanding payments to the Contract Vendor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law.
40. SOFTWARE AND LICENSING AGREEMENTS. Prior to the State signing the Participating Addendum, Contract Vendor must submit to the State of Minnesota for approval any license agreements, maintenance agreements, or any other documents pertinent to the products and/or services in this Participating Addendum.
40. TAXPAYER IDENTIFICATION: The Contract Vendor shall be registered as a vendor to the State in the SWIFT Procurement System. Registration must be done online at http://www.mmb.state.mn.us/vendorresources.
41. STATE’S NON-INDEMNIFICATION. Nothing herein, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Contract Vendor, Contract Vendor’s subcontractors, or Contract Vendor’s agents. This shall extend to all agreements related to the subject matter of this RFP, and to all terms subsequently added, without regard to order of precedence.
42. CERTIFICATION OF NONDISCRIMINATION (In accordance with Minn. Stat. § 16C.053) The following term applies to
any contract for which the value, including all extensions, is $50,000 or more: Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when
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such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.
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STATE OF MINNESOTA – WORKFORCE CERTIFICATE INFORMATION Required by state law for ALL bids or proposals that could exceed $100,000
Complete this form and return it with your bid or proposal. The State of Minnesota is under no obligation to
delay proceeding with a contract until a company becomes compliant with the Workforce Certification
requirements in Minn. Stat. §363A.36.
BOX A – MINNESOTA COMPANIES that have employed more than 40 full-time employees within this
state on any single working day during the previous 12 months, check one option below:
Attached is our current Workforce Certificate issued by the Minnesota Department of Human Rights (MDHR).
Attached is confirmation that MDHR received our application for a Minnesota Workforce Certificate on (date).
BOX B – NON-MINNESOTA COMPANIES that have employed more than 40 full-time employees on a single
working day during the previous 12 months in the state where it has its primary place of business, check one option below:
Attached is our current Workforce Certificate issued by MDHR.
We certify we are in compliance with federal affirmative action requirements. Upon notification of contract award, you must send your federal or municipal certificate to MDHR at compliance.MDHR@state.mn.us. If you are unable to send either certificate, MDHR may contact you to request evidence of federal compliance. The inability to provide
sufficient documentation may prohibit contract execution.
BOX C – EXEMPT COMPANIES that have not employed more than 40 full-time employees on a single
working day in any state during the previous 12 months, check option below if applicable:
We attest we are exempt. If our company is awarded a contract, we will submit to MDHR within 5 business days after the contract is fully signed, the names of our employees during the previous 12 months, the date of separation, if applicable, and the state in which the persons were employed. Send to compliance.MDHR@state.mn.us.
By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf
of your company.
Name of Company: Date
Authorized Signature: Telephone number:
Printed Name: Title:
For assistance with this form, contact:
Minnesota Department of Human Rights, Compliance Services
Web: http://mn.gov/mdhr/ TC Metro: 651-539-1095 Toll Free: 800-657-3704
Email: compliance.mdhr@state.mn.us TTY: 651-296-1283
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State of Minnesota - Equal Pay Certificate
If your response could be in excess of $500,000, please complete and submit this form
with your submission. It is your sole responsibility to provide the information
requested and when necessary to obtain an Equal Pay Certificate (Equal Pay
Certificate) from the Minnesota Department of Human Rights (MDHR) prior to
contract execution. You must supply this document with your submission.
Please contact MDHR with questions at: 651-539-1095 (metro), 1-800-657-3704 (toll
free), 711 or 1-800-627-3529 (MN Relay) or email at compliance.MDHR@state.mn.us.
Option A – If you have employed 40 or more full-time employees on any single working
day during the previous 12 months in Minnesota or the state where you have your
primary place of business, please check the applicable box below:
Attached is our current MDHR Equal Pay Certificate.
Attached is MDHR’s confirmation of our Equal Pay Certificate application.
Option B – If you have not employed 40 or more full-time employees on any single
working day during the previous 12 months in Minnesota or the state where you have
your primary place of business, please check the box below.
We are exempt. We agree that if we are selected we will submit to MDHR within
five (5) business days of final contract execution, the names of our employees
during the previous 12 months, date of separation if applicable, and the state in
which the persons were employed. Documentation should be sent to
compliance.MDHR@state.mn.us.
The State of Minnesota reserves the right to request additional information from you. If
you are unable to check any of the preceding boxes, please contact MDHR to
avoid a determination that a contract with your organization cannot be executed.
Your signature certifies that you are authorized to make the representations, the information provided is accurate, the State of Minnesota can rely upon the information provided, and the
State of Minnesota may take action to suspend or revoke any agreement with you for any false information provided.
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STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
OFFICE OF STATE PROCUREMENT TAXPAYER IDENTIFICATION The identification number may be used in the enforcement of federal and State tax laws which could result in action requiring the Contract Vendor to file tax returns and pay delinquent tax liabilities, if any (Minn. Stat. § 270C.65).
Firm Name: ___________________________________________________ Address: _____________________________________________________
_____________________________________________________ _____________________________________________________
Minnesota SWIFT Vendor Registration Number: ____________________________ If you are not registered as a vendor to the State in the SWIFT Procurement System, you must register online at http://www.mmb.state.mn.us/vendorresources. (Note: If approved, you will receive your SWIFT vendor number two business days after you register.) Are you a sole proprietorship? Yes No Are you an independent contractor? Yes No
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STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION OFFICE OF STATE PROCUREMENT SERVICE AND DELIVERY
Service and delivery are important requirements for all State contracts. The successful responder will be expected to ship all orders within the time specified in its response or, in the case of unanticipated problems causing a delay, notify the agency of the problem and when the shipment will be made. All requests for information from State agencies will be answered promptly. A copy of all correspondence to State agencies shall be sent to Acquisitions, Office of State Procurement, 112 Administration Building, St. Paul, MN 55155. Any Contract Vendor found to be providing
unsatisfactory service during the Contract period may be disqualified for a subsequent Contract award. SUBSEQUENT CONTRACT REVISIONS. No verbal or written instructions from State agencies or officials to change any
provision of the resulting Contract shall be accepted by the Contract Vendor without the approval of the Acquisition Management Specialist (AMS). The Contract Vendor shall report any such requests to the AMS who will issue approval or denial in writing. CONTACT PERSON FOR ORDERS:
NAME: TITLE:
TELEPHONE NUMBER: FAX NUMBER:
TOLL FREE NUMBER: E-MAIL:
CONTACT PERSON TO EXPEDITE ORDERS (if different from above):
NAME: TITLE:
TELEPHONE NUMBER: FAX NUMBER:
TOLL FREE NUMBER: E-MAIL:
ORDER ADDRESS:
STREET/PO BOX:
CITY/STATE: ZIPCODE:
TELEPHONE NUMBER: FAX NUMBER:
TOLL FREE NUMBER: E-MAIL:
REMIT-TO ADDRESS:
STREET/PO BOX:
CITY/STATE: ZIPCODE:
TELEPHONE NUMBER: FAX NUMBER:
TOLL FREE NUMBER: E-MAIL:
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GENERAL INSURANCE REQUIREMENTS
The Contractor/Contract Vendor (Contract Vendor) shall maintain insurance to cover claims which may arise from operations under this Contract, The Contract Vendor shall not commence work under the Contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. The Contract Vendor shall maintain such insurance in force and effect throughout the term of the Contract.
All coverages and limits shall remain in force and effect throughout the term of the Contract. NOTICE TO THE CONTRACT VENDOR: The failure of the State of Minnesota to obtain a Certificate of Insurance, for the policies required under this Contract or renewals thereof, or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the Owner to the Contract Vendor to provide such insurance. The Owner reserves the right to immediately terminate the Contract if the Contract Vendor is not in compliance with the insurance requirements and the Owner retains all rights to pursue any legal remedies against the Contract Vendor. All
insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request.
NOTICE TO INSURER: The Contract Vendor’s insurance company(ies) waives its right to assert the immunity of the State as a defense to any claims made under said insurance. REQUIREMENTS FOR THE CONTRACT VENDOR: The Contract Vendor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contract Vendor’s performance under this Contract. If Contract Vendor receives a cancellation notice from an insurance carrier affording coverage herein, Contract Vendor agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Contract Vendor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. The Contract Vendor is responsible for payment of Contract related insurance premiums and deductibles. If the Contract Vendor is self-insured, a Certificate of Self-Insurance must be attached. Insurance companies must either (1) have an AM Best rating of A- (minus) and a Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota or (2) be domiciled in the State of Minnesota and have a Certificate of Authority/Compliance from the MN Department of Commerce if they are not rated by AM Best. The Contract Vendor’s Umbrella or Excess Liability insurance policy may be used to supplement the Contract Vendor’s policy limits to satisfy the full policy limits required by the Contract.
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POLICY REQUIREMENTS:
1. Workers’ Compensation Insurance: Statutory Compensation Coverage. Except as provided below, Contract Vendor must provide Workers’ Compensation insurance for all its employees and in case any work is subcontracted, Contract Vendor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Minimum limits of liability: Coverage B – Employer’s Liability $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident If Minn. Stat. § 176.041 exempts the Contract Vendor from Workers’ Compensation insurance or if the Contract Vendor has no employees in the State of Minnesota, the Contract Vendor must provide a written statement, signed by the authorized signer of the Contract, stating the qualifying exemption that excludes the Contract Vendor from MN Workers’ Compensation requirements. If during the course of the Contract the Contract Vendor becomes eligible for Workers’ Compensation, the Contract Vendor must comply with the Workers’ Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance. Evidence of Subcontractor insurance shall be filed with the Contract Vendor. 2. Automobile Liability Insurance: The Contract Vendor shall maintain insurance to cover liability arising out of the ownership, operation, use or maintenance of all owned, hired and non-owned autos, and in case any work is subcontracted the Contract Vendor will require the subcontractor to maintain Automobile Liability insurance. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence – Bodily Injury and Property Damage Combined Single Limit B. Coverages: X Owned Automobile X Non-owned Automobile X Hired Automobile Evidence of Subcontractor insurance shall be filed with the Contract Vendor.
3. General Liability Insurance: The Contract Vendor shall maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contract Vendor or by a subcontractor or by anyone directly or indirectly employed by the Contract Vendor under the Contract. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations B. Coverages X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as an Additional Insured
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION:
I.C. #18838 Approve Cooperative Agreement with Hennepin County for the Eden Prairie Road Pedestrian Crossing Improvements
ITEM NO.:
VIII.Q.
Requested Action
Move to: Approve the Cooperative Agreement with Hennepin County for the Eden Prairie Road
Pedestrian Crossing Improvements.
Synopsis
Hennepin County completed design engineering, construction and construction administration for the pedestrian crossing at Eden Prairie Road (County State Aid Highway (CSAH) 4) and Westgate Drive in Eden Prairie across from Round Lake Park which included a rectangular rapid flashing beacon and a pedestrian refuge island among other safety improvements. This agreement lists each
party’s responsibilities for design, construction and maintenance.
This project was completed in the fall and winter of 2021. Attachments
Cooperative Agreement
Agreement No. PW 25-49-20 County Project No. 2166100 County State Aid Highway 4 City of Eden Prairie County of Hennepin
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COOPERATIVE AGREEMENT
This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, (hereinafter referred to as the “County”), and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota (hereinafter referred to as the “City”). The County and the City collectively are referred to as the “Parties.”
Recitals
The following Recitals are incorporated into this Agreement.
1. The City and the County have been negotiating to improve pedestrian crossing at one intersection on County State Aid Highway (CSAH) 4 (Eden Prairie Road) at Westgate Trail within the corporate limits of the City, which includes upgrading pedestrian ramps to current
Americans with Disabilities Act (ADA) standards, implementing traffic calming measures
such as curb extensions, raised concrete medians and pedestrian crossing beacons, and revising roadway configurations. 2. The Parties have agreed to enter into this Agreement to memorialize the partnership and to
outline each party’s maintenance responsibilities of the improvements under County Project
(CP) 2166100, City Project No. 18838, and which shall hereinafter be referred to as the “Project.” 3. The County shall be the lead agency in design engineering, construction, and construction
administration of the Project, and be responsible for acquiring all necessary right of way and/or
other governmental agencies-required permits needed for the Project. 4. The Project will be carried out by the Parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59.
Agreement
NOW, THEREFORE, the Parties agree as follows:
1. Term of Agreement, Survival of Terms, and Exhibits.
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
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Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date. This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled.
Survival of Terms. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation
Claims, Cancellation, Termination, and Minnesota Laws Govern. Exhibit. 1.4.1. Exhibit A (Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape Guidelines) is attached and incorporated into this Agreement. 2. Project Construction. Contract Award and Administration. The County or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of the plans and specifications from MnDOT and the City; advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract
with the successful bidder at the unit prices specified in the bid of such bidder;
administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below. Plans and Specifications.
2.2.1. Design Work. All design work performed by the County and its agents that is to be incorporated into the bidding documents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs which affect County facilities shall conform to MnDOT Design Standards applicable
to County State Aid Highways and to the requirements of the Americans with
Disabilities Act (ADA), and be approved by the County Engineer. 2.2.2. Plan Numbers. The plans and specifications are referenced and identified as S.P. 027-030-046, S.P. 027-090-025; Minn. Proj. No. HSIP 2720 (090) and approved
by MnDOT.
2.2.3. Request for Copies of Plans. At the request of the City, the County or its agents shall furnish the City with any working copies of any plans, designs or reports at any time during the Project design process.
Construction Supervision and Inspection. The County or its agents will administer the construction contract, and perform all necessary engineering, inspection and testing
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
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of all the contract work. All work for the Project shall be completed in compliance with the MnDOT and City approved plans and specifications. The City Engineer or a designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County
Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. Plan Changes and Additional Construction. 2.4.1. Plan Changes. The City agrees that the County may make changes in the plans or in the character of the contract construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County’s contractor for the performance of any
additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. 2.4.2. Review Proposed Changes. The City shall have the right to review any proposed changes to the plans and specifications prior to the work being performed, except in
emergencies, and in those instances where the proposed changes necessitate a re- engineering of the design and/or specifications, the County shall submit the re- engineered design and/or specifications to the City. The City Engineer or designated representative shall respond to the County’s request for approval to authorize the
issuance of any negotiated change orders or supplemental agreements prepared by the
County within a reasonable time frame. Right of Way/Permit
2.5.1. Right of Way Acquisition. The County or its agents shall acquire all additional
right of way, permits and/or easements required for the construction of the Project. 2.5.2. Access Rights and Permits. The City shall cooperate with the conveyance of any access rights over the City right of way that may be required by the County for the
Project. The Parties understand that any such access rights shall be subject to the City
council approval and will be granted at no cost to the County. The City shall not require permits for erosion control, lane use, obstructions, and sidewalk construction that are necessary for construction of the project. The County shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory
agencies to accomplish the Project.
2.5.3. Right of Way Cost. There is no associated right of way cost due from the City. Traffic Signal. Not applicable to the Project.
Street Lighting. Not applicable to the Project.
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Asbestos. The Project may include the removal of asbestos-containing electrical conduit. Only firms licensed to conduct asbestos abatement shall be used for the safe removal of asbestos-containing electrical conduit with proper shipping manifest prepared and submitted to appropriate agency. The lead agency in the Project
construction shall be responsible for the oversight of the removal of asbestos-containing electrical conduit and compliance with the abovementioned specifications. City Supplied Equipment. Not applicable to the Project. City Directed Work. Not applicable to the Project. Detours. The Project may require limited detouring of traffic onto the City’s streets. The Parties agree that there will be no compensation to the City for detours onto its streets required to construct the Project. All detour signage is a part of the Project.
3. Cost Participation. The Project does not have City cost participation. 4. Payment. The Project does not have payment due from the City. 5. City’s Force Account Work. The Project does not have Force Account Related Work. 6. The City’s Maintenance Responsibilities. Upon completion of the Project, the City shall provide year-round maintenance at its sole cost as outlined below:
Traffic Signal Components. Not applicable to the Project. Sidewalks, Pedestrian Ramps, and Pedestrian Refuge. Maintenance of sidewalks, Americans with Disabilities Acts (ADA) pedestrian ramps, and pedestrian refuge.
Maintenance includes, but is not limited to, winter maintenance, debris removal,
patching, crack repair, and any other maintenance activities according to accepted city maintenance practices. Crosswalk Markings. Maintenance of the newly installed durable crosswalk
markings.
Storm Sewers. Maintenance of city owned storm sewer drainage systems such as all trunk lines, grit chambers, ponds, storm water treatment and drainage structures, reconstructed under the Project.
Landscaping. The City affirms that any landscaping and streetscape to be constructed by the City or its agents within the county road right of way shall be constructed and maintained in accordance with the attached Exhibit A (Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape
Guidelines).
7. The County’s Maintenance Responsibilities. Upon completion of the Project, the County
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
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shall provide year-round maintenance at its sole cost as outlined below: Roadways. Maintenance of CSAH 4 reconstructed under the Project. Maintenance includes, but is not limited to, sweeping, debris removal, resurfacing and seal coating,
and any other maintenance activities according to accepted County maintenance practices. Traffic Signal Components. Not applicable to the Project. Rectangular Rapid Flashing Beacon (RRFB). The County shall thereafter retain ownership of and maintain and repair the newly installed RRFB systems. County Road Pavement Striping: The County shall thereafter maintain and repair all pavement striping for roadway users installed as a part of the Project at the expense of
the County. Storm Sewers. Upon completion of the Project, the County shall retain ownership of and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between
the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets, at no cost to the City. 8. Authorized Representatives. In order to coordinate the services of the County with the
activities of the City and vice versa so as to accomplish the purposes of this Agreement, the
Hennepin County and the City Engineers or their designated representatives shall manage this Agreement on behalf of the County and the City. County of Hennepin:
Carla Stueve
County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0356
Carla.Stueve@hennepin.us City of Eden Prairie: Rod Rue, PE (or successor) City Engineer
8080 Mitchell Road, Eden Prairie, MN 55344
Office: 952-949-8314 rrue@edenprairie.org 9. Assignment, Amendments, Default, Waiver, Agreement Complete, Cancellation or
Termination.
Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
6 __
and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Amendments. Any alterations, variations, modifications or waivers of provisions of
this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If the City fail to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall
constitute a default. Unless the City's default is excused by the County, the County may upon written notice immediately cancel this Agreement in its entirety. Waiver. The County's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver
of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the
Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by
either party with or without cause upon thirty (30) day written notice. This Agreement
shall be terminated or cancelled by either party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation as provided in this Agreement for obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment
that may be required to account for the effects of a breach.
10. Indemnification. 10.1 The City Indemnifies the County. The City agrees to defend, indemnify and hold
harmless the County, its officials, officers, agents, volunteers, and employees from any
liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or the City’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may
be liable in the performance of the services required by this contract, and against all loss
by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
10.2. The County Indemnifies the City. The County agrees to defend, indemnify and hold
harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses,
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
7 __
including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss
by reason of the failure of the County to perform fully, in any respect, all obligations under this contract. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 11. Insurance. The City agrees that any future contract let by the City for the performance of any
of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors; 2) Require the contractor to be an independent contractor for the purposes
of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain the following insurance so as to assure the performance of its indemnification and hold harmless obligation: Limits
(1) Commercial General Liability on an occurrence Basis with contractual liability coverage:
General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000
Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations Covered under this Agreement. (2) Automobile Liability:
Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000
(3) Workers’ Compensation and employer’s Liability:
Work Workers’ Compensation: Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by:
Accident – Each Accident $500,000
Agreement No. PW 25-49-20
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8 __
Disease – Policy Limit $500,000 Disease - Each Employee $500,000
(4) Professional Liability – Per Claim and Aggregate: $2,000,000
The above listed Professional Liability insurance will not be required in any construction contract let by the City if the City’s contractors are not required to perform design engineering as part of the construction contract.
An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City’s contractors to determine the need for and to procure
additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 12. Worker Compensation Claims. City’s Employees. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to
be performed by the City shall not be considered employees of the County, and any and
all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work
or services provided to be rendered herein shall in no way be the obligation or
responsibility of the County. County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided
for herein to be performed by the County shall not be considered employees of the City,
and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on
any of the work or services provided to be rendered herein shall in no way be the
obligation or responsibility of the City. 13. Records/Audits. The City agrees that the County, the State Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and
transcribe any books, documents, papers, records, etc., which are pertinent to the Project and
Agreement No. PW 25-49-20
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the accounting practices and procedures of the City which involve transactions relating to this Agreement. 14. Nondiscrimination. The provisions of Minnesota Statute Section 181.59 and of any
applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 15. Counterparts/Electronic Signatures. This Agreement may be executed in one or more
counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
16. Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota.
(This space left intentionally blank)
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IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth.
CITY OF EDEN PRAIRIE (Seal) By:_______________________________ Mayor Date:______________________________
And:______________________________ City Manager Date:______________________________
COUNTY OF HENNEPIN
By: ________________________________ County Administrator Date: ________________________________ REVIEWED BY
THE COUNTY ATTORNEY’S OFFICE: And:_________________________________
Assistant County Administrator, Public Works By: Date:________________________________ Assistant County Attorney Date:
RECOMMENDED FOR APPROVAL
By:_________________________________ County Highway Engineer Date:________________________________
RECOMMENDED FOR APPROVAL By:_________________________________ Department Director, Transportation
Operations
Date:________________________________
Agreement No. PW 25-49-20
CSAH No. 4; C.P. 2166100
11 __
EXHIBIT “A” Hennepin County Department of Public Works – Transportation Division: Recommended Urban Landscape/Streetscape Guidelines
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima
ITEM DESCRIPTION:
Code Amendment – Neighborhood Commercial Zoning District Gas Stations
ITEM NO.:
VIII.R.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to Neighborhood Commercial Zoning District Gas Stations and Adopt Resolution Approving Summary Ordinance
Synopsis This is the final approval of an ordinance relating to Neighborhood Commercial Zoning District
gas stations. Attachments 1. Ordinance
2. Resolution Approving Summary Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03 AND 11.25 RELATING TO GAS STATIONS IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subd. 2.A.14 is hereby amended by deleting reference to N-COM as follows: 14. In the A-C, C-COM, C-REG, C-REG-SER, C-HWY, AND N-COM Districts, in the case of a gasoline/convenience store the following criteria shall apply:
Section 2. City Code Chapter 11, Section 11.25, Subd. 2 is hereby amended by inserting the following: A.3. Gasoline/convenience stores shall not be permitted in the Neighborhood Commercial (N-
COM), provided, however, that gasoline/convenience stores in existence as of the effective date of this ordinance shall remain, for all purposes, a permitted use under this section. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of December, 2021 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of January, 2022.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2022 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2022 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of January, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2022 is lengthy.
B. The text of summary of Ordinance No. __-2022, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2022 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on January 4th, 2022. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Nicole Tingley, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAPTER 11, SECTIONS 11.03AND 11.25, RELATING TO GAS STATIONS IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 11, Section 11.03 of the City Code by deleting
reference to the Neighborhood Commercial (N-COM) zoning district in the criteria that apply to gas stations/convenience stores. The ordinance also amends Section 11.25 of the City Code by adding language that states gas stations/convenience stores are not a permitted use in the N-COM zoning district. Any existing gas stations/convenience stores in existence as of the effective date
of the ordinance remain a permitted use.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on January 13, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
January 04, 2022
DEPARTMENT/DIVISION:
Tammy Wilson, 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 287398 - 288261
Wire Transfers 1029487 - 1029694 Wire Transfers 8568 – 8619
Purchasing Card 8568
City of Eden Prairie
Council Check Summary
1/4/2022
Division Amount Division Amount
100 City Manager 113,808 308 E-911 1,188
101 Legislative 453 315 Economic Development 1,104,768
102 Legal Counsel 39,825 317 Eden Prairie Players 200
110 City Clerk 8,601 502 Park Development 9,705
111 Customer Service 6,989 509 CIP Fund 595,981
112 Human Resources 41 512 CIP Trails 247,205
113 Communications 7,072 513 CIP Pavement Management 10,908
114 Benefits & Training 9,813 522 Improvement Projects 2006 20,312
130 Assessing 1,097 532 EP Road Connect Flying Cloud 39,076
131 Finance 1,470 539 2020 Improvement Projects 1,365
132 Housing and Community Services 16 540 Duck Lake Rd. Reconstruction 14,977
133 Planning 401 804 100 Year History 61
136 Public Safety Communications 6,401 Total Capital Projects Fund 2,045,746
137 Economic Development 1,358
151 Park Maintenance 34,770 601 Prairie Village Liquor 197,884
153 Organized Athletics 8,816 602 Den Road Liquor 327,502
154 Community Center 71,916 603 Prairie View Liquor 210,479
155 Beaches 510 605 Den Road Building 1,173
156 Youth Programs 5,639 701 Water Enterprise Fund 1,265,220
157 Special Events 486 702 Wastewater Enterprise Fund 371,152
158 Senior Center 4,188 703 Stormwater Enterprise Fund 23,431
159 Recreation Administration 14,050 Total Enterprise Fund 2,396,841
160 Therapeutic Recreation 61
162 Arts 3,696 802 494 Commuter Services 40,998
163 Outdoor Center 1,509 806 SAC Agency Fund 14,910
168 Arts Center 1,246 807 Benefits Fund 1,596,809
180 Police Sworn 72,985 809 Investment Fund 4,199
182 Police Civilian 1,225 812 Fleet Internal Service 80,673
184 Fire 187,399 813 IT Internal Service 132,459
186 Inspections 4,099 814 Facilities Capital ISF 7,938
200 Engineering 659 815 Facilites Operating ISF 129,497
201 Street Maintenance 14,969 816 Facilites City Center ISF 107,558
202 Street Lighting 71,212 817 Facilites Comm. Center ISF 198,872
Total General Fund 696,780 Total Internal Svc/Agency Funds 2,313,914
301 CDBG 19,842 Report Total 8,951,344
303 Cemetary Operation 700
Total Special Revenue Fund 20,542
437 G.O. Perm. Improv. 2010A 967,685
440 GO Perm Impr Ref Bonds 2011D 174,727
442 2012B G.O. Refund Capital Imp 335,110
Total Debt Service Fund 1,477,522
City of Eden PrairieCouncil Check Register by GL1/4/2022Check # Amount Supplier / Explanation Account Description Business UnitComments8576 1,477,522 U S BANK Interest 2012B GO Refund Capital Improv Bond Payments1029530 481,632 ODESA II LLCOther Contracted Services Capital Maint. & Reinvestment Riley Lake Park Playground proj.287862 346,661 METROPOLITAN COUNCILMCES User FeeWastewater Enterprise Fund Wastewater Svc Jan 2022287861 342,000 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water CapitalAMI Project -Water Meters8586 326,644 HEALTHPARTNERSMedical/Dental Premiums Health and BenefitsDec 2021 Premiums287516 324,100 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water CapitalAMI Project -Water Meters1029521 317,397 EP CONSOLIDATED PROPERTIES LLCTIF PaymentTIF-Eden Shores Senior Housing 2nd half TIF Payment8581 309,519 ULTIMATE SOFTWARE GROUP, THEFederal Taxes Withheld Health and BenefitsPayroll Taxes PR ending 12.03.218610 287,361 ULTIMATE SOFTWARE GROUP, THEFederal Taxes Withheld Health and BenefitsPayroll Taxes PR ending 12.17.21287543 281,554 TP ELEVATE LLCTIF PaymentTIF-Elevate Apts2nd half TIF Payment8575 251,465 U S BANKInterestWater Enterprise FundBond Payments287476 246,397 BKJ LAND COMPANYOther Contracted Services CIP TrailsMartin Drive Sidewalk Improvement8608 225,988 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERAHealth and BenefitsPERA PR Ending 12.03.218579 201,318 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERAHealth and BenefitsPERA PR Ending 11.19.21287478 183,663 CASCADE AT TOWN CENTERTIF PaymentTIF-Lincoln Parc Apts2nd half TIF Payment287550 149,373 WATERS SENIOR LIVINGTIF PaymentTIF-Rolling Hills Sr Hsg2nd half TIF Payment287551 143,317 WINDSOR PLAZA LLCTIF PaymentTIF-Town Center-Windsor Plaza 2nd half TIF Payment1029539 143,237 XCEL ENERGYElectricSenior CenterMulti location electric8578 117,936 MINNESOTA DEPT OF REVENUESales Tax PayableHistorical CultureSales Tax Nov 20211029694 77,611 XCEL ENERGYElectricSenior Center8568 74,459 USB-PURCHASING CARDEquipment Repair & Maint Arts Center287835 48,375 DEPARTMENT OF CORRECTIONSOther Contracted Services Water Enterprise Fund1029681 47,950 LOGISNetwork SupportIT Capital287520 47,227 MINNESOTA DEPT OF HEALTHLicenses, Taxes, FeesUtility Operations - General1029678 46,977 GREGERSON ROSOW JOHNSON & NILAN LTDOperating SuppliesLegal Council287852 46,812 HYDROCORPImprovement Contracts Water Capital287740 41,353 WEST BAY HOMES CORPGrading PermitsGeneral Fund287532 39,076 SHENEHON COMPANYOther Contracted Services EP Rd Connect to Flying Cloud8612 38,561 EMPOWERDeferred Compensation Health and Benefits8602 37,335 FURTHER - AKA SELECTOther DeductionsHealth and Benefits287504 36,350 ISPACE ENVIRONMENTSEquipment Repair & Maint Public Safety Communications1029590 33,325 STREICHERSProtective ClothingVolunteers288229 33,240 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Capital8583 31,992 EMPOWERDeferred Compensation Health and Benefits1029623 28,520 CENTERPOINT ENERGYGasGeneral Community Center287685 28,420 JOHNSON FITNESS & WELLNESSClothing & UniformsFire1029525 27,496 HANSEN THORP PELLINEN OLSONImprovement Contracts Water Capital288257 26,218 VIDEOTRONIX INCCapital Under $25,000 Capital Maint. & Reinvestment8582 26,109 ICMA RETIREMENT TRUST-457Deferred Compensation Health and Benefits287637 25,955 ABM ONSITE SERVICES-MIDWESTJanitor ServiceCity Center - CAM287658 25,350 COLORADO TIME SYSTEMSCapital Under $25,000 Pool Operations288226 24,677 MACQUEEN EQUIPMENT INCClothing & UniformsFire1029517 24,225 DIVERSE BUILDING MAINTENANCEJanitor ServiceHousing and Human Svcs1029638 23,837 XCEL ENERGYElectricStreet Lighting287735 22,918 VIDEOTRONIX INCCapital Under $25,000 Capital Maint. & Reinvestment
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287598 22,821 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store8613 21,847 NCR PAYMENT SOLUTIONS,PA, LLCBank and Service Charges Liquor Store Delivery1029625 21,426 DIVERSE BUILDING MAINTENANCEJanitor ServiceGeneral Community Center8611 21,415 ICMA RETIREMENT TRUST-457Deferred Compensation Health and Benefits1029584 20,217 MITY-LITE INCCapital Under $25,000 FF&E - Furn, Fixtures & Equip.287650 20,162 BOLTON & MENK INCDesign & Engineering Duck Lake Rd. Reconstruction1029587 19,963 PRAIRIE ELECTRIC COMPANYContract Svcs - Electrical Pool Maintenance287647 19,950 BADGER STATE INSPECTION LLCEquipment Repair & Maint Water Storage288178 19,500 ACTION FENCEOther Contracted Services Capital Maint. & Reinvestment1029677 19,218 GRANICUS INCSoftware Maintenance IT Operating287935 18,556 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store287483 17,422 COLUMBINE TOWNHOMESTIF PaymentTIF-Columbine Road Housing1029585 17,054 PARROTT CONTRACTING INCEquipment Repair & Maint Water Distribution287855 16,886 KODIAK CUSTOM LETTERING INCClothing & UniformsCommunity Center Admin287436 16,782 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store287524 16,771 NACContract Svcs - Fire/Life/Safe Facilities Capital1029511 16,745 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Supply (Wells)1029557 16,500 CLAREY'S SAFETY EQUIPMENTCapital Under $25,000 Emergency Management288213 16,202 GRI EDEN PRAIRIE, LLCBuilding RentalPrairie Village Liquor Store288247 16,026 PRAIRIEVIEW RETAIL LLCBuilding RentalPrairie View Liquor Store288249 15,763 REHBEIN'S AGRICULTURAL SERVICESLime Residual Removal Water Treatment287860 15,651 MANSFIELD OIL COMPANYMotor FuelsFleet Operating287512 15,511 MANSFIELD OIL COMPANYLubricants & Additives Fleet Operating8593 15,275 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ERHealth and Benefits288244 14,980 PAPCO INC Janitor Service City Center - CAM287821 14,978 BRIN GLASS SERVICE Contract Svcs - General Bldg City Center - CAM287863 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund1029562 14,328 GUNNAR ELECTRIC CO INC Other Contracted Services Capital Outlay Parks287822 14,115 BROTHERS FIRE PROTECTIONCapital Under $25,000 Maintenance Facility287823 14,050 CATALYST GRAPHICS INCPrintingCommunity Brochure8603 13,806 FURTHER - AKA SELECTHSA - EmployerHealth and Benefits287768 13,764 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store8619 13,727 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission287624 13,704 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store8584 13,634 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission8573 13,169 FURTHER - AKA SELECTHSA - EmployeeHealth and Benefits1029634 13,139 PRAIRIE ELECTRIC COMPANYEquipment Repair & Maint Facilities Capital8618 12,832 FURTHER - AKA SELECTHSA - EmployerHealth and Benefits287443 12,385 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store1029593 12,210 WALL TRENDS INCContract Svcs - General Bldg Maintenance Facility287957 12,158 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store1029570 12,079 WSB & ASSOCIATES INCDesign & Engineering Park Acquisition & Development1029653 11,359 CLAREY'S SAFETY EQUIPMENTEquipment Repair & Maint Fire287730 10,933 VERIZON WIRELESSCell/Pager PlansIT Operating1029603 10,908 BRAUN INTERTEC CORPORATIONTestingCIP Pavement Management1029659 10,787 LYNDALE PLANT SERVICESContract Svcs - Int. Landscape City Center - CAM287523 10,500 MN CIT OFFICERS ASSOCIATIONTuition Reimbursement/School Police Sworn287425 10,457 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store287567 10,431 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287909 10,333 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store287819 9,854 BINDER LIFT INCEMS SuppliesFire287609 9,799 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store287463 9,547 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store287839 9,450 EMERGENCY TECHNICAL DECONEquipment Testing/Cert. Fire287618 9,241 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store1029684 9,131 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint. Water Supply (Wells)287683 9,000 IRON MALTESE ATHLETICSHealth & FitnessFire288228 8,740 MASIMO AMERICAS INCClothing & UniformsFire287531 8,736 SENTINEL MN LLCCapital Under $25,000 Police Sworn287544 8,430 TRITECH SOFTWARE SYSTEMSSoftware Maintenance IT Operating287766 8,344 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store287411 8,192 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store287775 8,086 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Den Road Liquor Store1029654 7,950 DAILEY DATA & ASSOCIATESCapital Under $25,000 Prairie View Liquor Store287816 7,896 AVOLVE SOFTWARESoftwareIT Capital1029531 7,818 POMP'S TIRE SERVICE INCTiresFleet Operating287459 7,757 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store287589 7,628 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store1029605 7,576 CLAREY'S SAFETY EQUIPMENTOther RentalsFire8597 7,568 CHASEBank and Service Charges Wastewater Accounting287416 7,382 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store287547 7,298 UNIVERSAL ATHLETIC LLCClothing & UniformsSoftball287717 7,000 PROPOther Contracted Services CDBG - Public Service287576 6,970 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store8595 6,937 CARD CONNECTBank and Service Charges Community Center Admin287853 6,713 IMPACT PROVEN SOLUTIONSOther Contracted Services Wastewater Accounting287882 6,500 RIGHTLINE DESIGN LLCOther Contracted Services Communications8590 6,371 FURTHER - AKA SELECTFSA - Dependent Care Health and Benefits287887 6,300 TRACKERPrepaid ExpensesIT Operating287548 6,240 VIDEOTRONIX INCCapital Under $25,000 Capital Maint. & Reinvestment287798 6,147 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie View Liquor Store287426 6,097 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store1029629 6,066 HAWKINS INCTreatment ChemicalsWater Treatment287588 5,991 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store287900 5,916 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store1029592 5,766 USA SECURITYMaintenance Contracts Water Treatment287560 5,708 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store287597 5,694 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Den Road Liquor Store287848 5,621 HEALTHPARTNERSWages and Benefits494 Corridor Commission287784 5,593 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store287634 5,555 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store287721 5,552 SSI KEF SLB LLCElectricWater Treatment1029606 5,400 DAILEY DATA & ASSOCIATESSoftware Maintenance IT Operating287435 5,346 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Den Road Liquor Store1029636 5,305 STREICHERSClothing & UniformsFire1029680 5,268 HAWKINS INCTreatment ChemicalsWater Treatment287858 5,235 LAVAN FLOOR COVERINGContract Svcs - General Bldg City Center - CAM287605 5,217 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029582 5,078 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance287890 5,044 VERIZON WIRELESSOther Contracted Services IT Operating287664 5,000 CRAFTSMANS CHOICE INCOther Contracted Services Rehab287873 5,000 NORTHMARK HOME OWNERS ASSOCIATIONRebatesStormwater Non-Capital287527 4,956 POSTMASTERPrintingElections1029581 4,933 METRO SALES INCORPORATED*Equipment RentalsCustomer Service1029617 4,906 YOUNGSTEDTS COLLISION CENTEREquipment Repair & Maint Fleet Operating287688 4,870 LEADSONLINE LLCOther Contracted Services General Fund288212 4,866 GRAYMONTTreatment ChemicalsWater Treatment287845 4,763 GRAYMONTTreatment ChemicalsWater Treatment1029622 4,761 CDW GOVERNMENT INC.ComputersIT Operating287498 4,751 GRAYMONTTreatment ChemicalsWater Treatment8587 4,735 FURTHER - AKA SELECTHRAHealth and Benefits287497 4,735 EMERGENCY AUTOMOTIVE TECHNOLOGY INC AutosFleet Operating287776 4,703 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store287536 4,677 ST. PAUL PORT AUTHORITYDepositsGeneral Fund287450 4,659 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store287590 4,632 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store287440 4,617 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store287479 4,600 CASTRO CLEANING LLCJanitor ServiceUtility Operations - General288258 4,500 WATERSHED PARTNERSDues & SubscriptionsStormwater Enterprise Fund1029526 4,419 HORIZON COMMERCIAL POOL SUPPLYSupplies - PoolPool Maintenance287427 4,353 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store287679 4,334 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services287616 4,325 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store287491 4,320 DG CENTRAL 1 LLCElectricFacilities Operating ISF8601 4,199 PFM ASSET MANAGEMENT LLCInterestInvestment Fund1029524 4,079 H M CRAGG COContract Svcs - Fire/Life/Safe Police (City Cost)287623 4,030 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie View Liquor Store287669 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT InterestEconomic Development Fund287687 3,874 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues WithheldHealth and Benefits287746 3,873 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store287751 3,846 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie Village Liquor Store287581 3,829 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store288220 3,826 ISGOther Contracted Services Capital Maint. & Reinvestment1029687 3,804 PRAIRIE ELECTRIC COMPANYContract Svcs - Electrical City Hall (City Cost)287799 3,760 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store287462 3,694 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store287892 3,679 WM CORPORATE SERVICES INCWaste DisposalYard Waste Site287950 3,639 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store287676 3,586 GARDEN ROOM FRATELLI'S GARDEN INC, THE Supplies - General Bldg Outdoor Center Facilities1029685 3,586 MITY-LITE INCSupplies - General Bldg Outdoor Center Facilities287929 3,586 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store287458 3,580 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie View Liquor Store287849 3,563 HENNEPIN COUNTY ACCOUNTS RECEIVABLEBoard of PrisonerPolice Sworn287573 3,559 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store1029550 3,503 WINE COMPANY, THELiquor Product Received Den Road Liquor Store287678 3,470 GOODPOINT TECHNOLOGY INCSoftware Maintenance IT Operating287842 3,400 FIRE SAFETY USA INCVideo & Photo Supplies Fire
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029527 3,337 INTERSTATE POWER SYSTEMS INCEquipment Repair & Maint Utility Operations - General288214 3,272 HAMMER COMMUNITY SOLAR LLCElectricFacilities Operating ISF1029520 3,259 ELECTRIC PUMPEquipment Repair & Maint Wasterwater Collection287792 3,247 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store288223 3,245 JOHNSON FITNESS & WELLNESSCapital Under $25,000 Police Sworn287402 3,234 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store287693 3,232 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricStreet Lighting1029691 3,220 STREICHERSClothing & UniformsPolice Sworn287451 3,206 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store287452 3,188 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store287401 3,182 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store1029510 3,173 VAN PAPER COMPANYCleaning SuppliesMaintenance Facility287850 3,152 HIPERLINEEquipment Repair & Maint Wasterwater Collection287541 3,093 TECH SALES CORepair & Maint. Supplies Water Treatment287500 3,073 HENNEPIN COUNTY TREASURERPostageElections288187 3,057 BROTHERS FIRE PROTECTIONContract Svcs - Fire/Life/Safe Arts Center287934 3,043 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Den Road Liquor Store287585 3,034 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store287744 3,010 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store287895 3,000 POSTAGE BY PHONE RESERVE ACCOUNTPostageCustomer Service1029534 3,000 ST CROIX ENVIRONMENTAL INCOCS-Well Field Mgmt Water Supply (Wells)287716 2,995 PROPOther Contracted Services CDBG - Public Service287951 2,994 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store287726 2,910 TED'S CHRISTMAS LIGHTINGOther Contracted Services Purgatory Creek Park287752 2,890 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store287611 2,881 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store288243 2,876 PAFFY'S PEST CONTROLContract Svcs - Pest Control Den Bldg. - CAM8600 2,843 FURTHER - AKA SELECTFSA - Dependent Care Health and Benefits287415 2,812 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store287674 2,796 FIRE SAFETY USA INCEquipment Repair & Maint Fleet Operating287930 2,715 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store287469 2,713 ALTERNATIVE BUSINESS FURNITURE INCSupplies - General Bldg City Hall (City Cost)287556 2,685 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store287926 2,676 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store287878 2,625 PRESCRIPTION LANDSCAPEContract Svcs - Lawn Maint. City Center - CAM287422 2,603 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store287681 2,600 HENNEPIN COUNTY MEDICAL CENTERTuition Reimbursement/School Police Sworn287870 2,589 MRPADues & SubscriptionsGeneral Fund288188 2,580 CATALYST GRAPHICS INCAdvertisingPrairie View Liquor Store288237 2,557 MUSIC TOGETHER IN THE VALLEY LLCInstructor ServicePreschool Events287781 2,539 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store287759 2,534 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store287941 2,518 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store287931 2,494 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store287480 2,465 CENTURYLINKTelephoneCity Center - CAM287854 2,456 INDIGITAL INCOther Contracted Services IT Capital287856 2,450 LANDMARK REMODELING LLCOther Contracted Services Rehab288218 2,435 HINTERLAND CSG LLCElectricFacilities Operating ISF8589 2,413 INVOICE CLOUDBank and Service Charges Historical Culture
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029693 2,412 VISTAR CORPORATIONMerchandise for Resale Concessions287840 2,400 F I R ETrainingFire287566 2,372 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie Village Liquor Store287689 2,359 MACQUEEN EQUIPMENT INCProtective ClothingFire1029583 2,348 MINNESOTA EQUIPMENTEquipment Repair & Maint Fleet Operating287561 2,325 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store8615 2,323 FURTHER - AKA SELECTFSA - Dependent Care Health and Benefits287510 2,311 MACQUEEN EQUIPMENT INCRepair & Maint. Supplies Fleet Operating287602 2,295 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store288224 2,293 KORTERRA, INCSoftwareUtility Operations - General287526 2,250 ONSITE MEDICAL SERVICE INCEmployment Support Test Organizational Services1029664 2,243 VAN PAPER COMPANYCleaning SuppliesGeneral Community Center1029571 2,238 YOUNGSTEDTS COLLISION CENTEREquipment Repair & Maint Fleet Operating287559 2,200 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store288179 2,172 AERO DRAPERY AND BLINDSupplies - General Bldg General Community Center287503 2,170 INTERNATIONAL UNION OF OPERATINGUnion Dues WithheldHealth and Benefits287812 2,156 ALTERNATIVE BUSINESS FURNITURE INCSupplies - General Bldg City Hall (City Cost)287628 2,155 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store287901 2,133 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store287947 2,085 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store287514 2,070 MARSHALL'S FARM MARKETOperating SuppliesSenior Center Programs288250 2,064 SOBANIA COMMUNITY SOLARElectricFacilities Operating ISF8569 2,039 FURTHER - AKA SELECTFSA - Dependent Care Health and Benefits1029615 2,035 SWANK MOTION PICTURES INCLicenses, Taxes, FeesGeneral Fund287956 2,024 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie View Liquor Store287803 2,003 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store287875 1,990 PERAWages and Benefits494 Corridor Commission287699 1,977 PERAWages and Benefits494 Corridor Commission287952 1,976 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store1029495 1,975 WINE COMPANY, THELiquor Product Received Den Road Liquor Store287626 1,966 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store287410 1,952 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie Village Liquor Store287864 1,950 MHSRC/RANGETrainingFire287813 1,950 APPLIANCE OUTLET CENTERSupplies - General Bldg City Hall (City Cost)287538 1,942 STRYKER SALES CORPORATIONEquipment Repair & Maint Fire287642 1,935 ARVIGFiber Lease PaymentsIT Operating288219 1,925 INTERNATIONAL UNION OF OPERATINGUnion Dues WithheldHealth and Benefits287475 1,923 BILDEAUX SERVICESConference/TrainingUtility Operations - General287757 1,917 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store287886 1,863 THOMAS, JASONRebatesStormwater Non-Capital1029672 1,855 ELECTRIC PUMPEquipment Repair & Maint Wastewater Lift Station287920 1,846 SMALL LOT MNLiquor Product Received Prairie Village Liquor Store287672 1,835 EMERGENCY AUTOMOTIVE TECHNOLOGY INC AutosFleet - Police287477 1,805 BROTHERS FIRE PROTECTIONContract Svcs - Fire/Life/Safe Dunn Brothers287432 1,801 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store287648 1,755 BLOOMINGTON, CITY OFOther Contracted Services Police Sworn287613 1,740 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store287790 1,729 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store287639 1,700 AERO DRAPERY AND BLINDContract Svcs - General Bldg General Community Center
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029637 1,694 WM MUELLER AND SONS INCRepair & Maint. Supplies Stormwater Collection287490 1,683 DELI DOUBLESpecial Event FeesSenior Center Programs1029545 1,673 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store287446 1,671 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store287902 1,653 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store288227 1,650 MARTIN-MCALLISTEREmployment Support Test Organizational Services287403 1,647 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store287767 1,611 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store287802 1,577 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store1029563 1,570 HACH COMPANYLaboratory ChemicalsWater Treatment1029548 1,568 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store287818 1,564 BADGER METERTelephoneWater Metering287680 1,524 HENNEPIN COUNTY ACCOUNTS RECEIVABLEBoard of PrisonerPolice Sworn287879 1,517 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERAHealth and Benefits1029494 1,510 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store287448 1,495 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1029667 1,493 WSB & ASSOCIATES INCDesign & Engineering Economic Development Fund287796 1,469 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store287694 1,459 MN DEPT OF TRANSPORTATIONEquipment Repair & Maint Traffic Signals1029676 1,458 GRAINGERCleaning SuppliesOutdoor Center Facilities1029553 1,449 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store287869 1,447 MOTOROLA SOLUTIONS INCEquipment Repair & Maint Public Safety Communications287806 1,447 WINEBOWLiquor Product Received Prairie View Liquor Store1029489 1,442 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store287635 1,440 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store8616 1,439 FURTHER - AKA SELECTOther Contracted Services Health and Benefits8585 1,409 FIDELITY SECURITY LIFE INSURANCE COVision PlanHealth and Benefits287908 1,402 JJ TAYLOR DISTRIBUTING MINNESOTALiquor Product Received Prairie Village Liquor Store287893 1,382 YORKTOWN OFFICESPrepaid Expenses494 Corridor Commission287571 1,366 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store287700 1,365 PETERSON COUNSELING AND CONSULTINGOther Contracted Services Fire287466 1,365 ABM EQUIPMENT AND SUPPLY COMPANYEquipment Repair & Maint Fleet Operating8607 1,359 U.S. BANK - I-494 PURCH. CARDMarketing494 Corridor Commission1029630 1,359 INTERSTATE POWER SYSTEMS INCEquipment Repair & Maint Water Supply (Wells)287817 1,350 AXON ENTERPRISE INCTraining SuppliesPolice Sworn287501 1,348 HIGHWAY 5 BPOperating SuppliesPolice Sworn1029682 1,335 MENARDSRepair & Maint. Supplies City Center - CAM287788 1,328 WINEBOWLiquor Product Received Den Road Liquor Store287793 1,306 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store287949 1,303 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store287877 1,300 PRECISE MRM LLCOther Contracted Services Snow & Ice Control287468 1,300 AIRGAS USA LLCSupplies - PoolPool Maintenance8594 1,286 US BANK - CREDIT CARD MERCHANT ONLYBank and Service Charges Finance287794 1,281 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store287617 1,253 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store287773 1,250 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store287967 1,235 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store287508 1,225 JCPENNYEquipment Repair & Maint Police Civilian287846 1,221 GREAT LAKES COCA-COLA DISTRIBUTIONMerchandise for Resale Concessions
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287414 1,215 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store287719 1,200 SCHILZ ORNAMENTAL IRON INCOperating SuppliesVolleyball1029683 1,200 METRO SALES INCORPORATED*Equipment RentalsIT Operating287894 1,199 CINTAS CORPORATIONSafety SuppliesCommunity Center Admin287540 1,188 TALKPOINT TECHNOLOGIES INCEquipment Repair & Maint E-911 Program287591 1,187 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store287673 1,180 FIELD TRAINING SOLUTIONSTuition Reimbursement/School Police Sworn1029690 1,176 SPS COMPANIESOperating SuppliesGeneral Community Center287599 1,165 MAVERICK WINE LLCLiquor Product Received Den Road Liquor Store287594 1,160 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store1029540 1,152 ZIEGLER INCEquipment Repair & Maint Park Maintenance1029516 1,131 DAKOTA SUPPLY GROUP INCRepair & Maint. Supplies Water Metering8572 1,122 FURTHER - AKA SELECTOther Contracted Services Health and Benefits287961 1,115 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store287916 1,113 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store287885 1,100 THE PROP SHOPOther Contracted Services Rehab1029554 1,096 NEW FRANCE WINE COMPANYLiquor Product Received Prairie View Liquor Store287690 1,083 MARCO INCHardware - R&MIT Operating287764 1,060 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store1029544 1,046 NEW FRANCE WINE COMPANYLiquor Product Received Prairie Village Liquor Store287654 1,040 CENTURYLINKTelephoneIT Operating287596 1,025 INDEED BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store1029549 1,022 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store288225 1,020 LIFE FITNESSCapital Under $25,000 Fitness Center1029608 1,020 KRISS PREMIUM PRODUCTS INCSupplies - HVACGeneral Community Center1029580 1,019 MENARDSBuilding MaterialsPark Maintenance287962 1,013 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store1029674 1,008 FORCE AMERICAEquipment PartsFleet Operating287461 1,000 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store288191 1,000 CHISAGO COUNTY SHERIFF'S DEPTDepositsGeneral Fund287739 994 PETTY CASHEmployee AwardDen Road Liquor Store287563 992 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store287872 988 NATIONAL MARTIAL ARTS ASSOCIATION, INCInstructor ServiceLesson Skills Development8617 987 FURTHER - AKA SELECTFSA - MedicalHealth and Benefits288185 966 BOOSHIE INCClothing & UniformsFire287568 963 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store287545 960 TURNER PSYCHOTHERAPYOther Contracted Services Police Sworn287898 958 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store287465 957 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store287447 947 WINEBOWLiquor Product Received Den Road Liquor Store287582 940 WINEBOWLiquor Product Received Prairie Village Liquor Store287542 930 TOWN HOMES OF NORTH BAY ASSOCIATIONRebatesStormwater Non-Capital287677 925 GERTENSLandscape Materials/Supp Park Maintenance287939 923 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store287455 917 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store1029493 914 VINOCOPIALiquor Product Received Den Road Liquor Store287439 889 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store287499 887 GREAT LAKES COCA-COLA DISTRIBUTIONMerchandise for Resale Concessions287884 885 STRAND MANUFACTURING CO INCRepair & Maint. Supplies Wasterwater Collection
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments288215 880 HENNEPIN COUNTY I/T DEPTEquipment Repair & Maint IT Operating1029579 878 LEROY JOB TRUCKING INCOther Contracted Services Police Sworn1029490 868 NEW FRANCE WINE COMPANYLiquor Product Received Prairie Village Liquor Store287847 864 GYM WORKSEquipment Repair & Maint Fitness Center287517 859 MHSRC/DDPInstructor ServiceSenior Center Programs287638 850 ACTIVE 911 INCDues & SubscriptionsIT Operating287407 840 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store287749 831 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store1029547 814 VINOCOPIALiquor Product Received Den Road Liquor Store287741 800 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store287923 798 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store1029588 795 REINDERS INCChemicalsCity Center - CAM287933 795 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store8577 784 MINNESOTA DEPT OF REVENUEMotor FuelsFleet Operating1029501 781 FASTENAL COMPANYOperating SuppliesFleet Operating287420 775 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store287871 765 MVP CRICKET LLCInstructor ServiceLesson Skills Development1029558 759 CONCRETE CUTTING AND CORINGSafety SuppliesPark Maintenance287502 758 HOME DEPOT CREDIT SERVICESJanitor ServicePool Maintenance288222 756 JOHN HENRY FOSTER MINNESOTA INCMaintenance Contracts Water Treatment1029618 752 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating8598 751 AMERICAN EXPRESSBank and Service Charges Inspections-Administration288208 743 EHLERS & ASSOCIATES INCOther Contracted Services TIF-Elevate Apts287612 742 WINEBOWLiquor Product Received Den Road Liquor Store287505 742 I-STATE TRUCK CENTEREquipment Repair & Maint Fleet Operating1029513 733 BOYER TRUCKSEquipment PartsFleet Operating287830 720 COMPASInstructor ServiceOutreach1029573 719 ASPEN EQUIPMENT CO.Equipment Repair & Maint Fleet Capital287657 719 CINTAS CORPORATIONSafety SuppliesCommunity Center Admin287620 716 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store287675 712 FLYING CLOUD TRANSFER STATION 4553Waste DisposalPark Maintenance1029499 710 WINE COMPANY, THELiquor Product Received Prairie View Liquor Store1029572 704 AMERICAN TIME & SIGNAL COSupplies - General Bldg City Hall (City Cost)1029528 702 LEROY JOB TRUCKING INCOther Contracted Services Police Sworn1029491 702 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store8580 694 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits8609 694 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits1029666 692 WISE JAMES JMileage & ParkingAssessing287418 690 SUMMER LAKES BEVERAGE LLCLiquor Product Received Prairie Village Liquor Store1029532 686 PRAIRIE ELECTRIC COMPANYEquipment Repair & Maint Water Treatment1029647 681 WINE COMPANY, THELiquor Product Received Den Road Liquor Store288252 681 SYSCO WESTERN MINNESOTAMerchandise for Resale Concessions1029515 675 DAIKIN APPLIEDContract Svcs - HVAC City Center - CAM1029538 672 WM MUELLER AND SONS INCAsphalt OverlayWater Distribution1029639 669 VINOCOPIALiquor Product Received Prairie Village Liquor Store287434 662 INDEED BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store287428 660 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store288199 650 D H EXCAVATINGOther Contracted Services Pleasant Hill Cemetery287565 648 INDEED BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287888 648 TWIN CITIES DOTS AND POP LLCMerchandise for Resale Concessions287745 645 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store287907 637 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store287600 637 MEGA BEERLiquor Product Received Den Road Liquor Store287831 636 COREMARK METALSEquipment Repair & Maint Fleet Operating287587 633 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store1029596 630 VINOCOPIALiquor Product Received Den Road Liquor Store1029668 623 CDW GOVERNMENT INC.Capital Under $25,000 Police Sworn287625 620 MAVERICK WINE LLCLiquor Product Received Prairie View Liquor Store1029628 618 GRAINGERRepair & Maint. Supplies Arts Center1029642 616 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store287811 614 AIRGAS USA LLCSupplies - PoolPool Maintenance1029536 607 STREICHERSClothing & UniformsPolice Sworn1029644 606 VINOCOPIALiquor Product Received Den Road Liquor Store287851 604 HOHN JOSHReimburse-legal notices General Fund287880 600 RABBIT RESCUE OF MNOther Contracted Services Specialty Fitness Programs287904 598 DOMACE VINOLiquor Product Received Prairie Village Liquor Store1029543 595 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store1029656 587 GOPHER STATE ONE-CALLOther Contracted Services Wasterwater Collection287903 584 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store287640 580 AIRGAS USA LLCSupplies - PoolPool Maintenance8591 577 PMA FINANCIAL NETWORK INCBank and Service Charges Wastewater Accounting287636 571 WINEBOWLiquor Product Received Prairie View Liquor Store287431 562 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Den Road Liquor Store288209 553 EMERGENCY AUTOMOTIVE TECHNOLOGY INC AutosFleet - Police287645 546 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating1029508 543 THE OASIS GROUPEmployee AssistanceOrganizational Services287557 542 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store287614 542 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store1029688 521 PREMIUM WATERS INCOperating Supplies - Water Fire287955 514 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store287780 513 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store1029560 511 CUSTOM HOSE TECHEquipment PartsFleet Operating1029645 510 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store1029503 509 GREATAMERICA FINANCIAL SVCSPostageCustomer Service1029607 509 FASTENAL COMPANYOperating SuppliesFleet Operating1029640 509 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store1029586 508 POMP'S TIRE SERVICE INCTiresFleet Operating287937 508 MEGA BEERLiquor Product Received Den Road Liquor Store288261 500 CITY OF EDEN PRAIRIEMiscellaneousPrairie View Liquor Store287495 500 EDEN PRAIRIE SCHEELSClothing & UniformsStreet Maintenance287932 498 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Den Road Liquor Store1029567 494 QUALITY PROPANEMotor FuelsIce Arena Maintenance287622 487 INDEED BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store8574 486 FURTHER - AKA SELECTFSA - Dependent Care Health and Benefits287825 483 CENTURYLINKTelephoneWater Distribution288203 475 DIRECT RADAR LIDAR TESTINGTuition Reimbursement/School Police Sworn287940 474 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store1029537 472 VISTAR CORPORATIONMerchandise for Resale Concessions
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029599 467 VINOCOPIALiquor Product Received Prairie View Liquor Store287779 465 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store287915 464 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store1029652 462 WINE COMPANY, THELiquor Product Received Prairie View Liquor Store287769 461 DOMACE VINOLiquor Product Received Den Road Liquor Store288231 455 MHSRC/RANGETuition Reimbursement/School Police Sworn287857 453 LANO EQUIPMENT INCEquipment Repair & Maint Fleet Operating288253 452 TIMESAVER OFF SITE SECRETARIAL INCOther Contracted Services City Council287412 451 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store287942 450 PRYES BREWING COMPANYLiquor Product Received Den Road Liquor Store1029635 450 RIGID HITCH INCORPORATEDOperating SuppliesFleet Operating287603 449 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store287771 445 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Den Road Liquor Store288036 441 GUPTA ALOKAR UtilityWater Enterprise Fund1029522 441 FACTORY MOTOR PARTS COMPANYLubricants & Additives Fleet Operating287398 441 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store287606 438 PRYES BREWING COMPANYLiquor Product Received Den Road Liquor Store1029619 436 ASPEN WASTE SYSTEMS INC.Waste DisposalUtility Operations - General287619 436 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Prairie View Liquor Store288197 435 CORPORATE TECHNOLOGIESComputers494 Corridor Commission287777 432 LUPULIN BREWING COMPANYLiquor Product Received Den Road Liquor Store1029552 430 VINOCOPIALiquor Product Received Prairie View Liquor Store1029662 429 QUALITY PROPANEMotor FuelsIce Arena Maintenance287643 426 ASPEN MILLSClothing & UniformsPolice Sworn287954 425 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Prairie View Liquor Store288181 424 ASPEN MILLSClothing & UniformsFire1029631 419 MENARDSRepair & Maint. Supplies Park Maintenance1029555 417 BERRY COFFEE COMPANYMerchandise for Resale Concessions287881 415 RIFFLAND SOLUTIONSOperating SuppliesStormwater Non-Capital287789 413 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store1029518 411 DREW'S CONCESSIONS LLCMerchandise for Resale Concessions287805 402 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store287586 400 BERGMAN LEDGE LLCLiquor Product Received Den Road Liquor Store287725 400 SUBURBAN WILDLIFE CONTROL INCEquipment Repair & Maint Stormwater Collection287841 400 FINNLY TECHNOLOGY LLCLicenses, Taxes, FeesIce Operations287697 399 PAFFY'S PEST CONTROLContract Svcs - Pest Control General Community Center287753 398 LUPULIN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store287905 395 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Prairie Village Liquor Store1029569 390 VAN PAPER COMPANYCleaning SuppliesFire Station #4288204 389 EDEN PRAIRIE CENTER LLCBuilding RentalCDBG - Public Service287529 386 RED WING BUSINESS ADVANTAGE ACCOUNTClothing & UniformsStreet Maintenance1029542 385 VINOCOPIALiquor Product Received Prairie Village Liquor Store1029497 384 VINOCOPIALiquor Product Received Prairie View Liquor Store1029658 379 KRISS PREMIUM PRODUCTS INCSupplies - HVACCity Center - CAM288183 378 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating287762 376 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store1029576 375 GRAFIX SHOPPEEquipment PartsFleet Operating287820 371 BOUND TREE MEDICAL LLCEMS SuppliesFire287574 364 PRYES BREWING COMPANYLiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1029602 363 BIGGAR, JERRADClothing & UniformsPolice Sworn287810 355 ABLE HOSE & RUBBER INCEquipment PartsFleet Operating287423 355 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store1029523 349 GRAINGERCleaning SuppliesUtility Operations - General287496 346 EMBROIDMEOperating SuppliesFire1029577 341 GRAINGERRepair & Maint. Supplies City Hall (City Cost)287437 341 MEGA BEERLiquor Product Received Den Road Liquor Store287424 341 BOURGET IMPORTSLiquor Product Received Den Road Liquor Store1029632 339 METRO SALES INCORPORATED*Equipment RentalsIT Operating288186 333 BOUND TREE MEDICAL LLCEMS Supplies-EMS Supplies Fire287742 332 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store287765 332 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store287791 332 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store1029564 332 HIRSHFIELD'SRepair & Maint. Supplies Water Treatment1029655 332 FASTENAL COMPANYEquipment PartsFleet Operating287833 330 DEALER AUTOMOTIVE SERVICES INCAutosFleet - Police1029679 329 H M CRAGG COContract Svcs - Electrical Fire Station #4288221 325 J H LARSON COMPANYSupplies - ElectricalOutdoor Center Facilities287692 324 MINNESOTA PRINT MANAGEMENT LLCOffice SuppliesFinance287453 317 DOMACE VINOLiquor Product Received Prairie View Liquor Store288246 316 PRAIRIE LAWN AND GARDENRepair & Maint. Supplies Park Maintenance287859 315 LIONS TAPOperating Supplies - Food Fire287838 314 EMERGENCY AUTOMOTIVE TECHNOLOGY INC AutosFleet - Police1029616 314 WAYTEK INCOperating SuppliesPark Maintenance287953 308 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store287800 306 LUPULIN BREWING COMPANYLiquor Product Received Prairie View Liquor Store288240 305 NEOLOGY INCOperating SuppliesIT Operating287421 304 WINEBOWLiquor Product Received Prairie Village Liquor Store1029671 304 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOCUnion Dues WithheldHealth and Benefits287959 302 MEGA BEERLiquor Product Received Prairie View Liquor Store287537 300 STAPLES ADVANTAGEOffice SuppliesCustomer Service288230 300 METRO CHIEF FIRE OFFICERS ASSOCIATIONDues & Sub-Memberships General Fund288241 300 OTTER TAIL COUNTYDepositsGeneral Fund1029519 299 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOCUnion Dues WithheldHealth and Benefits287481 297 CENTURYLINKTelephoneIT Operating288180 297 AIRGAS USA LLCEMS Supplies-Oxygen Supplies Fire288242 296 OXYGEN SERVICE COMPANYEMS Supplies-Oxygen Supplies Fire287911 296 MEGA BEERLiquor Product Received Prairie Village Liquor Store287562 293 DOMACE VINOLiquor Product Received Prairie Village Liquor Store287943 291 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store1029556 288 CARLSTON, BRANDONCanine SuppliesPolice Sworn287535 288 ST CROIX LINEN LLCOperating Supplies-Linens Fire287722 288 ST CROIX LINEN LLCOperating Supplies-Linens Fire288029 287 GAMER RONALDAR UtilityWater Enterprise Fund1029612 286 QUALITY PROPANEMotor FuelsIce Arena Maintenance1029533 281 REINDERS INCLandscape Materials/Supp Miller Park287644 278 ASSURED SECURITYSupplies - General Bldg Dunn Brothers287960 277 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store287919 276 SHAKOPEE BREWHALLLiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287944 276 SHAKOPEE BREWHALLLiquor Product Received Den Road Liquor Store287965 276 SHAKOPEE BREWHALLLiquor Product Received Prairie View Liquor Store287528 274 PROP - PRCharitable Contributions Health and Benefits288248 274 PROP - PRCharitable Contributions Health and Benefits287921 274 UNMAPPED BREWING COLiquor Product Received Prairie Village Liquor Store288068 273 KIFYAK PAVELAR UtilityWater Enterprise Fund8570 270 US BANK - PAYMODEBank and Service Charges Finance287815 270 ASPEN MILLSClothing & UniformsFire288200 270 DALCOCleaning SuppliesUtility Operations - General1029561 268 FASTENAL COMPANYSafety SuppliesFleet Operating287630 265 PRYES BREWING COMPANYLiquor Product Received Prairie View Liquor Store287913 263 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store287509 260 LAKE COUNTRY DOOR LLCBuilding Repair & Maint. Utility Operations - General1029686 259 MTI DISTRIBUTING INCEquipment PartsFleet Operating287404 257 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store287522 253 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricTraffic Signals287572 252 PEQUOD DISTRIBUTIONLiquor Product Received Prairie Village Liquor Store287627 252 PEQUOD DISTRIBUTIONLiquor Product Received Prairie View Liquor Store1029657 248 HENKE, RONNIEClothing & UniformsPolice Sworn287552 247 WINSUPPLY EDEN PRAIRIE MN COOperating SuppliesStreet Lighting287670 247 DIRECTVCable TVCommunity Center Admin287938 245 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store287896 245 UNITED STATES POSTAL SERVICEPostageSenior Center Admin287399 245 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store287449 245 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store287601 244 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store287999 244 CHASE NICKAR UtilityWater Enterprise Fund287843 243 FREEVEND TECHNICAL SERVICESRepair & Maint. Supplies Concessions288085 242 MARTIN, JILLAR UtilityWater Enterprise Fund287515 242 MEDICINE LAKE TOURSSpecial Event FeesTrips288238 241 NACRepair & Maint. Supplies Water Treatment1029641 240 PARLEY LAKE WINERYLiquor Product Received Prairie Village Liquor Store287621 238 INBOUND BREW COLiquor Product Received Prairie View Liquor Store287906 236 HEADFLYER BREWINGLiquor Product Received Prairie Village Liquor Store288233 235 MINNESOTA STATE FIRE CHIEFS ASSNConference/TrainingFire1029506 234 QUALITY PROPANEMotor FuelsIce Arena Maintenance287728 232 UNIVERSAL ATHLETIC SERVICES INCAwardsSoftball1029626 232 ECM PUBLISHERS INCLegal Notices Publishing City Clerk8606 231 VANCO SERVICESBank and Service Charges Wastewater Accounting288254 230 TRANSUNION RISK & ALTERNATIVE DATAOther Contracted Services Police Sworn288146 230 SWANSON GLENAR UtilityWater Enterprise Fund287963 228 PRYES BREWING COMPANYLiquor Product Received Prairie View Liquor Store1029651 228 PARLEY LAKE WINERYLiquor Product Received Prairie View Liquor Store287973 228 BASKARAN GOKULNATHAR UtilityWater Enterprise Fund287865 227 MIDWEST MECHANICAL SUPPLYSupplies - HVACCity Center - CAM8614 227 US BANK - PAYMODEBank and Service Charges Finance287457 225 INDEED BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store287808 221 M-R SIGN CO INCSignsRiley Lake287438 220 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287409 220 INDEED BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store1029675 220 GRAFIX SHOPPEEquipment PartsFleet Operating287442 219 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Den Road Liquor Store287797 218 INDEED BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store287668 215 DELEGARD TOOL COEquipment PartsFleet Operating288202 215 DELEGARD TOOL COSmall ToolsFleet Operating287727 215 TIMESAVER OFF SITE SECRETARIAL INCOther Contracted Services City Council8599 212 OPTUM HEALTHOther Contracted Services Health and Benefits288190 211 CENTURYLINKInternetIT Operating287486 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits288196 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits287441 210 PLASTIC BAG MARTLiquor Product Received Den Road Liquor Store287629 210 PLASTIC BAG MARTLiquor Product Received Prairie View Liquor Store287748 209 GITCH GEAR LLCLiquor Product Received Prairie Village Liquor Store287770 209 GITCH GEAR LLCLiquor Product Received Den Road Liquor Store287795 209 GITCH GEAR LLCLiquor Product Received Prairie View Liquor Store287691 208 MHSRC/DDPOther Contracted Services Senior Center Programs287925 208 56 BREWING LLCLiquor Product Received Den Road Liquor Store287948 208 56 BREWING LLCLiquor Product Received Prairie View Liquor Store288086 207 MATHEI TOMAR UtilityWater Enterprise Fund287580 205 UNMAPPED BREWING COLiquor Product Received Prairie Village Liquor Store287786 205 UNMAPPED BREWING COLiquor Product Received Den Road Liquor Store1029597 205 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store1029589 203 SPRINTCell Phones494 Corridor Commission287631 203 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Prairie View Liquor Store288046 202 HENRY HOME BUYER LLCAR UtilityWater Enterprise Fund287655 200 CHRIS CASTLE INCWebsite Development494 Corridor Commission288028 200 GALLAGER STEVEAR UtilityWater Enterprise Fund287910 199 LUPULIN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store1029594 199 VINOCOPIALiquor Product Received Prairie Village Liquor Store287763 197 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store287747 195 DOMACE VINOLiquor Product Received Prairie Village Liquor Store287662 193 COMMERCIAL ASPHALT COAsphalt OverlayStormwater Collection288060 193 JOHNSON KARIAR UtilityWater Enterprise Fund287827 190 COMCASTInternetIT Operating1029598 186 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store287408 184 INBOUND BREW COLiquor Product Received Prairie Village Liquor Store287778 182 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store287801 182 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store288097 182 MUTHINENI SRIDHARRAOAR UtilityWater Enterprise Fund287899 182 BOURGET IMPORTSLiquor Product Received Prairie Village Liquor Store287570 181 ORIGIN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store288119 180 RIVERA JUANAR UtilityWater Enterprise Fund287518 180 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues & SubscriptionsPolice Sworn287758 180 SHAKOPEE BREWHALLLiquor Product Received Prairie Village Liquor Store287641 179 ARAMARKJanitor ServicePrairie Village Liquor Store288175 176 YANAMANDALA SRIKANTHAR UtilityWater Enterprise Fund288103 173 PAGH ADAMAR UtilityWater Enterprise Fund1029535 173 STERICYCLE INCOther Contracted Services Police Sworn
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments288022 172 FEDOR TRAVISAR UtilityWater Enterprise Fund287554 172 EDELMAN JAKELeague FeesCommunity Center Admin287946 171 UNMAPPED BREWING COLiquor Product Received Den Road Liquor Store287966 171 UNMAPPED BREWING COLiquor Product Received Prairie View Liquor Store288092 171 MELSON JENNIFERAR UtilityWater Enterprise Fund288152 169 TIBBETTS TIMAR UtilityWater Enterprise Fund287467 169 AFLAC WORLDWIDE HEADQUARTERSWages and Benefits494 Corridor Commission287698 169 PAPCO INCJanitor ServiceGeneral Community Center288030 166 GESSELL KARENAR UtilityWater Enterprise Fund288216 165 HENNEPIN COUNTY TREASURERSoftware Maintenance IT Operating287988 165 BRITT CAROLAR UtilityWater Enterprise Fund287980 163 BLUME PAULAR UtilityWater Enterprise Fund287400 163 BOURGET IMPORTSLiquor Product Received Prairie Village Liquor Store287785 162 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store287804 162 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store287558 162 BOURGET IMPORTSLiquor Product Received Prairie Village Liquor Store287814 161 ARAMARKJanitor ServicePrairie Village Liquor Store1029610 160 METROPOLITAN FORDEquipment Repair & Maint Fleet Operating287782 157 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Den Road Liquor Store288145 156 SVOBODA, AMYAR UtilityWater Enterprise Fund288010 154 DIERCKS THOMASAR UtilityWater Enterprise Fund1029643 154 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store287615 154 BOURGET IMPORTSLiquor Product Received Prairie View Liquor Store1029529 153 MENARDSRepair & Maint. Supplies General Community Center287917 152 PRYES BREWING COMPANYLiquor Product Received Prairie Village Liquor Store288039 151 HALL ANNE MARIEAR UtilityWater Enterprise Fund287564 150 INBOUND BREW COLiquor Product Received Prairie Village Liquor Store287579 150 SUMMER LAKES BEVERAGE LLCLiquor Product Received Prairie Village Liquor Store287897 150 56 BREWING LLCLiquor Product Received Prairie Village Liquor Store288211 150 GALLS LLCClothing & UniformsVolunteers1029604 149 BREUNIG, KRISTIMileage & ParkingPolice Sworn1029488 149 VINOCOPIALiquor Product Received Prairie Village Liquor Store1029648 148 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store287460 146 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store1029670 144 ECM PUBLISHERS INCLegal Notices Publishing City Clerk287472 144 ASPEN MILLSClothing & UniformsFire287723 141 STAPLES ADVANTAGEOperating SuppliesCustomer Service1029646 141 PARLEY LAKE WINERYLiquor Product Received Den Road Liquor Store288162 140 VERGERONT ANDREWAR UtilityWater Enterprise Fund287471 139 ARCPOINT LABS OF EDEN PRAIRIEEmployment Support Test Organizational Services287577 138 STARRY EYED BREWING LLCLiquor Product Received Prairie Village Liquor Store288195 138 COMCASTCable TVFire1029595 137 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store287754 135 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store287656 135 CINTASClothing & UniformsFleet Operating287592 135 DOMACE VINOLiquor Product Received Den Road Liquor Store1029498 134 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store287684 134 J H LARSON COMPANYSupplies - ElectricalCity Center - CAM287936 134 LUPULIN BREWING COMPANYLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287958 134 LUPULIN BREWING COMPANYLiquor Product Received Prairie View Liquor Store287867 134 MINNESOTA PRINT MANAGEMENT LLCOffice SuppliesCustomer Service287507 132 JADHAV, RIADepositsGeneral Fund287584 132 ARBEITER BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store288066 132 KELLY JOHNAR UtilityWater Enterprise Fund288033 132 GREENWOOD DESIGN BUILD LLCAR UtilityWater Enterprise Fund288105 131 PEARSON MADALYNAR UtilityWater Enterprise Fund287665 131 CROWN MARKING INCOperating SuppliesCity Clerk287660 130 COMCASTPhone/Data/Web494 Corridor Commission287682 129 HENNEPIN COUNTY TREASURERWaste DisposalPark Maintenance287534 129 SNAP-ON TOOLSSmall ToolsFleet Operating288163 129 VICKMARK DANAR UtilityWater Enterprise Fund288069 128 KLANG ERICAR UtilityWater Enterprise Fund288169 128 WARNER BONITAAR UtilityWater Enterprise Fund287593 126 HEADFLYER BREWINGLiquor Product Received Den Road Liquor Store1029578 126 IDENTISYSPrinters -AccessoriesIT Operating288096 125 MULE NITINAR UtilityWater Enterprise Fund287720 125 SHULTS TATYANATuition Reimbursement/School Fitness Classes1029609 125 MCMONIGAL, CAROLETuition Reimbursement/School Fitness Classes288251 124 STAPLES ADVANTAGEOffice SuppliesCustomer Service287983 122 BOLSTAD CLIFFAR UtilityWater Enterprise Fund288051 121 HOLM DAVIDAR UtilityWater Enterprise Fund288245 121 PILGRIM DRY CLEANERS INCClothing & UniformsFire288008 120 DEPETRO COREYAR UtilityWater Enterprise Fund287652 120 CARNES RACHAELLicenses, Taxes, FeesTheatre Initiative287663 120 COSTA ALICIA MARIELicenses, Taxes, FeesTheatre Initiative287761 120 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store287866 120 MINNESOTA FIRE SERVICE CERTIFICATION BOA TrainingFire287889 120 VAUGHN HANNAHLicenses, Taxes, FeesTheatre Initiative1029669 120 CITI-CARGO & STORAGE CO, INCOther RentalsEden Prairie Players287738 120 YAPSODYBank and Service Charges Arts287405 120 DRUMCONRATH BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store287924 119 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store287968 119 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store287569 119 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store287755 119 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store287406 119 FLAHERTYS HAPPY TYME COMPANYLiquor Product Received Prairie Village Liquor Store287430 119 FLAHERTYS HAPPY TYME COMPANYLiquor Product Received Den Road Liquor Store287454 119 FLAHERTYS HAPPY TYME COMPANYLiquor Product Received Prairie View Liquor Store288061 118 JOHNSON VIKKIAR UtilityWater Enterprise Fund287666 118 CRYSTEEL TRUCK EQUIPMENTEquipment PartsFleet Operating287945 118 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store1029546 117 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store287844 116 GARY CARLSON EQUIPMENTRepair & Maint. Supplies Stormwater Collection287511 116 Manbeck Angela MTuition Reimbursement/School Fitness Classes1029505 116 MANBECK, KEVINTuition Reimbursement/School Fitness Classes287413 116 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store1029574 116 ECM PUBLISHERS INCLegal Notices Publishing City Clerk288139 116 SOUCEK JACOBAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287750 115 INDEED BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store288058 115 JELINEK RYANAR UtilityWater Enterprise Fund287928 114 BOURGET IMPORTSLiquor Product Received Den Road Liquor Store1029633 113 MINNESOTA EQUIPMENTEquipment PartsFleet Operating288065 112 KAPUSTINA EDUARDAR UtilityWater Enterprise Fund287671 112 EDEN PRAIRIE SCHEELSClothing & UniformsFacilities Staff287429 111 DOMACE VINOLiquor Product Received Den Road Liquor Store288026 110 FOSTER NATALIEAR UtilityWater Enterprise Fund287772 110 HEADFLYER BREWINGLiquor Product Received Den Road Liquor Store288116 110 RANEY, LAURAAR UtilityWater Enterprise Fund287649 110 BLUEPEARL VETERINARYOther Contracted Services Police Sworn288067 109 KERN SCOTTAR UtilityWater Enterprise Fund287994 109 CADY TIMOTHYAR UtilityWater Enterprise Fund288110 108 PETERSON TINAAR UtilityWater Enterprise Fund287927 108 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store1029627 107 FERRELLGASRepair & Maint. Supplies Fleet Operating287487 107 CONNELLY CHRISTINETuition Reimbursement/School Fitness Classes1029649 107 VINOCOPIALiquor Product Received Prairie View Liquor Store287974 106 BECKER DAVIDAR UtilityWater Enterprise Fund288099 106 NORTHRUP JASONAR UtilityWater Enterprise Fund287914 105 ORIGIN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store287807 105 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store287488 104 CORE & MAINRepair & Maint. Supplies Riley Lake287828 103 COMCASTCable TVFire288087 103 MATHEW JOSEPHAR UtilityWater Enterprise Fund287583 102 56 BREWING LLCLiquor Product Received Den Road Liquor Store287575 101 SMALL LOT MNLiquor Product Received Prairie Village Liquor Store287470 100 ARAMARKJanitor ServiceDen Road Liquor Store287578 99 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store288109 98 PETERSON DANIELAR UtilityWater Enterprise Fund1029507 98 SCHROM JESMileage & ParkingSpecial Events Admin287787 97 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1029575 97 ELECTRIC PUMPRepair & Maint. Supplies Wastewater Lift Station287433 96 INBOUND BREW COLiquor Product Received Den Road Liquor Store287464 96 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store287595 96 INBOUND BREW COLiquor Product Received Den Road Liquor Store287607 96 SHAKOPEE BREWHALLLiquor Product Received Den Road Liquor Store287533 95 SHRED RIGHTWaste DisposalCity Hall (City Cost)288072 95 KRISTO MATTAR UtilityWater Enterprise Fund8592 95 FURTHER - AKA SELECTHRAHealth and Benefits288144 94 SUNHOLM ALEXAR UtilityWater Enterprise Fund288173 94 WILSON SHIRLEYAR UtilityWater Enterprise Fund287417 93 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store287445 93 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store287610 93 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store287444 92 STARRY EYED BREWING LLCLiquor Product Received Den Road Liquor Store287456 92 INBOUND BREW COLiquor Product Received Prairie View Liquor Store287760 92 STARRY EYED BREWING LLCLiquor Product Received Prairie Village Liquor Store287473 91 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287774 91 INDEED BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store288043 91 HARPER GEORGEAR UtilityWater Enterprise Fund287912 90 MINNESOTA ICE SCULPTURES LLCLiquor Product Received Prairie Village Liquor Store287756 90 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store287977 90 BERNIER DAWNAR UtilityWater Enterprise Fund1029551 90 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store288234 90 MPCALicenses, Taxes, FeesWasterwater Collection1029661 90 METROPOLITAN FORDEquipment Testing/Cert. Fleet Operating287659 90 COMCASTInternetIT Operating287724 90 SUBURBAN CHEVROLETEquipment PartsFleet Operating1029565 90 KRISS PREMIUM PRODUCTS INCSupplies - HVACCity Center - CAM288013 89 EBENSTEINER JOANNEAR UtilityWater Enterprise Fund288107 87 PENN STEVENAR UtilityWater Enterprise Fund287736 87 WRIGHT TAMARATuition Reimbursement/School Fitness Classes288166 87 WALTMAN RACHELAR UtilityWater Enterprise Fund288064 86 KAPUSTIN DMITRYAR UtilityWater Enterprise Fund288193 86 COMCASTCable TVFire287632 86 SHAKOPEE BREWHALLLiquor Product Received Prairie View Liquor Store288007 86 DENCHFIELD MARYAR UtilityWater Enterprise Fund288005 86 DARKE PATRICIAAR UtilityWater Enterprise Fund287608 85 SMALL LOT MNLiquor Product Received Den Road Liquor Store287633 85 SMALL LOT MNLiquor Product Received Prairie View Liquor Store287918 85 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store288235 84 MR CUTTING EDGEContract Svcs - Ice Rink Ice Arena Maintenance288232 84 MINNESOTA PRINT MANAGEMENT LLCOffice SuppliesCustomer Service288003 84 DALTON MICHAELAR UtilityWater Enterprise Fund288118 83 RING RUTHAR UtilityWater Enterprise Fund288161 82 VEMPATY KALYANAR UtilityWater Enterprise Fund287743 82 BOURGET IMPORTSLiquor Product Received Prairie Village Liquor Store8596 81 PAYABank and Service Charges Wastewater Accounting1029509 81 THOMPSON JONATHANMileage & ParkingAssessing288079 80 LOY ROMANAR UtilityWater Enterprise Fund287482 80 CINTASOperating SuppliesPark Maintenance288023 79 FERENCE CHRISAR UtilityWater Enterprise Fund288154 78 TOURTELLOTT GENEAR UtilityWater Enterprise Fund288021 78 FAEGRE MARYAR UtilityWater Enterprise Fund288126 76 RYAN GARYAR UtilityWater Enterprise Fund288056 76 JALASUTHRAM SRINIVASAR UtilityWater Enterprise Fund287874 75 OSMAN HIBAP&R RefundsCommunity Center Admin288255 75 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION Dues & SubscriptionsGeneral Fund287837 74 DROEN HEATHERTuition Reimbursement/School Fitness Classes8604 74 MONEY MOVERS INCOther Contracted Services Community Center Admin287686 74 KAUFMAN MARYP&R RefundsCommunity Center Admin288084 73 MARBLE BARBARAAR UtilityWater Enterprise Fund288259 73 WINSUPPLY EDEN PRAIRIE MN COOperating SuppliesStreet Lighting288141 73 STANSBERRY ADAMAR UtilityWater Enterprise Fund288138 72 SORENSEN LAURAAR UtilityWater Enterprise Fund1029673 72 FILTRATION SYSTEMSSupplies - HVACGeneral Community Center288159 71 VARANI JULIANAAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments288143 71 STRIKER THOMASAR UtilityWater Enterprise Fund8571 70 PAYCHEXPayroll Admin. Fees494 Corridor Commission8605 70 PAYCHEXPayroll Admin. Fees494 Corridor Commission288194 69 COMCASTCable TVFire1029692 69 UPSPostagePolice Sworn287555 68 56 BREWING LLCLiquor Product Received Prairie Village Liquor Store287964 68 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store287883 67 SCHLOSSMACHER, JIMMileage & ParkingPolice Sworn288182 67 ASSURED SECURITYBuilding Repair & Maint. Park Maintenance287986 66 BRANDSER JAMESAR UtilityWater Enterprise Fund287549 66 WALKOWSKI WILLIAMP&R RefundsCommunity Center Admin288054 65 IBRAGIMOV ANVARAR UtilityWater Enterprise Fund287646 65 AUTO ELECTRIC OF BLOOMINGTON INCEquipment Repair & Maint Fleet Operating288157 65 USMANOV SERGUEIAR UtilityWater Enterprise Fund288042 64 HARI JAKEAR UtilityWater Enterprise Fund288048 63 HICKEY KRISAR UtilityWater Enterprise Fund288062 63 JOHNSON, MERYL E.AR UtilityWater Enterprise Fund287539 63 SYSCO WESTERN MINNESOTAMerchandise for Resale Concessions287987 61 BRENNER LARRYAR UtilityWater Enterprise Fund288124 61 ROUSE DUANEAR UtilityWater Enterprise Fund288037 61 HAGGERTY BOBAR UtilityWater Enterprise Fund288035 60 GRUBKA DONNAAR UtilityWater Enterprise Fund287979 57 BLAKEMAN MYRONAR UtilityWater Enterprise Fund288019 55 EMMETT JASONAR UtilityWater Enterprise Fund288027 55 GALICIA STEVEAR UtilityWater Enterprise Fund287998 55 CHANG PATRICIAAR UtilityWater Enterprise Fund287661 55 COMCASTCable TVFire288032 54 GRAEBEL RELOCATION SERVICESAR UtilityWater Enterprise Fund288081 54 LUKER SANDRAAR UtilityWater Enterprise Fund288115 53 RAMSEY, NANCYAR UtilityWater Enterprise Fund288160 52 VAUGHAN BRIANAR UtilityWater Enterprise Fund1029559 52 CRASSAS TRACIETuition Reimbursement/School Fitness Classes288176 52 ZILVERBERG GREGORYAR UtilityWater Enterprise Fund287696 51 OFFICE OF MN IT SERVICESOther Contracted Services Police Sworn1029601 51 BICKLER, JILLConference/TrainingFitness Classes287982 51 BOISVERT-NELSON MARGARETAR UtilityWater Enterprise Fund288044 50 HARRIS ANDYAR UtilityWater Enterprise Fund1029665 50 WILSON, TAMMYMileage & ParkingFinance288192 50 COMCASTInternetIT Operating287513 50 MANZO ANTHONYOther Contracted Services Eden Prairie Players288217 50 HILLS WHITNEYP&R RefundsCommunity Center Admin1029500 50 EICHMAN NATHANCanine SuppliesPolice Sworn287891 50 WILLIAMSON SCOTTClothing & UniformsPolice Sworn1029613 50 SCHENCK, HEATHERClothing & UniformsPolice Sworn287832 49 CSI FORENSIC SUPPLYOffice SuppliesPolice Sworn288001 49 CLARK JAMESAR UtilityWater Enterprise Fund288052 48 HOYNE KRISTOPHERAR UtilityWater Enterprise Fund1029591 48 UPSPostageDen Road Liquor Store287990 48 BROWN BENAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments287970 48 AMUDALA JOSEPHONEAR UtilityWater Enterprise Fund288129 47 SCHMIDTBAUER MARKAR UtilityWater Enterprise Fund288049 46 HO LARRYAR UtilityWater Enterprise Fund287485 46 COMCASTCable TVFire288140 46 STAFFORD JOHNAR UtilityWater Enterprise Fund287419 46 URBAN GROWLER BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store288004 45 DANIELS JASONAR UtilityWater Enterprise Fund288053 45 HYSJULIEN TODDAR UtilityWater Enterprise Fund1029504 44 HACH COMPANYLaboratory ChemicalsWater Treatment288177 44 ABM EQUIPMENT AND SUPPLY COMPANYEquipment PartsFleet Operating288080 43 LUCHT JORDANAR UtilityWater Enterprise Fund288002 43 CROSS HOUSING INVESTMENTS LLCAR UtilityWater Enterprise Fund287996 43 CARLSON BEVERLYAR UtilityWater Enterprise Fund288014 41 EBERT MARKAR UtilityWater Enterprise Fund288093 41 MILLER JEFFAR UtilityWater Enterprise Fund1029566 41 OLSON, ROBERTMileage & ParkingPolice Sworn288149 41 TEINERT COREYAR UtilityWater Enterprise Fund288142 40 STELLPFLUG SAMUELAR UtilityWater Enterprise Fund287489 40 CRYSTEEL TRUCK EQUIPMENTEquipment PartsFleet Operating287667 40 CUB FOODS EDEN PRAIRIEEmployee AwardOrganizational Services288123 39 ROSS KENNETHAR UtilityWater Enterprise Fund287506 39 JACKSON, SARAHDepositsGeneral Fund287530 39 SCHULTZ, COLLEENDepositsGeneral Fund287783 39 SHAKOPEE BREWHALLLiquor Product Received Den Road Liquor Store288047 39 HERMAN JIMAR UtilityWater Enterprise Fund288121 39 ROGERS GARYAR UtilityWater Enterprise Fund1029541 38 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store1029568 38 SITEONE LANDSCAPE SUPPLY, LLCRepair & Maint. Supplies Park Maintenance288076 38 LAWSON JOANAR UtilityWater Enterprise Fund288077 38 LEDDY VICTORIAAR UtilityWater Enterprise Fund1029514 38 CAWLEY COMPANY, THEOffice SuppliesCity Council288201 38 DAVIS AARONTrainingFire287997 37 CARR JOHNAR UtilityWater Enterprise Fund288260 37 WRIGHT TAMARATuition Reimbursement/School Fitness Classes288170 36 WICHTERMAN PAULAR UtilityWater Enterprise Fund1029512 36 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn288098 36 NAG MRINMOYAR UtilityWater Enterprise Fund288011 35 DIXON NATHANAR UtilityWater Enterprise Fund287474 35 BEHME ANNELIESEP&R RefundsCommunity Center Admin288038 35 HAILEY WILLIAMAR UtilityWater Enterprise Fund288089 35 MCQUILLAN FRANCISAR UtilityWater Enterprise Fund288017 34 ELLERN SABRINAAR UtilityWater Enterprise Fund287976 34 BERGER NANCYAR UtilityWater Enterprise Fund288006 34 DELANO THOMASAR UtilityWater Enterprise Fund1029487 34 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store287492 34 EDEN PRAIRIE CRIME PREVENTION FUNDCharitable Contributions Health and Benefits288205 34 EDEN PRAIRIE CRIME PREVENTION FUNDCharitable Contributions Health and Benefits1029492 34 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store288104 33 PATTERSON JOSHUAAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments288045 33 HEIL EDAR UtilityWater Enterprise Fund287836 33 DODGE OF BURNSVILLEEquipment PartsFleet Operating287991 32 BUCKLAND RICHARDAR UtilityWater Enterprise Fund287525 32 NCPERS GROUP LIFE INSURANCEPERAHealth and Benefits288239 32 NCPERS GROUP LIFE INSURANCEPERAHealth and Benefits288148 31 TAKEKAWA SCOTTAR UtilityWater Enterprise Fund287521 31 MINNESOTA TROPHIES & GIFTSOperating SuppliesPolice Sworn288101 30 OBRIEN MARYAMAR UtilityWater Enterprise Fund288114 30 QUINN MARYAR UtilityWater Enterprise Fund288172 30 WILLIAMS ROBERTAR UtilityWater Enterprise Fund287651 30 CAMPION, MICHELEOther RevenueHistorical Culture288031 30 GLASENAPP BARRETTAR UtilityWater Enterprise Fund1029624 30 CITI-CARGO & STORAGE CO, INCOther RentalsEden Prairie Players288106 30 PEHOSKI CHARLENEAR UtilityWater Enterprise Fund288009 30 DERVETSKI PAMELAAR UtilityWater Enterprise Fund1029600 29 BERRY COFFEE COMPANYMerchandise for Resale Concessions1029502 29 FLEETPRIDE INCEquipment PartsFleet Operating288108 28 PERRY JOHNAR UtilityWater Enterprise Fund288091 28 MELBY CURTISAR UtilityWater Enterprise Fund288113 27 PUELSTON, DAVIDAR UtilityWater Enterprise Fund288174 27 WIND GERARDAR UtilityWater Enterprise Fund288111 26 PETTERSSON, STEFANAR UtilityWater Enterprise Fund288128 26 SCHAEFER BYRONAR UtilityWater Enterprise Fund288095 26 MOULTON ANITAAR UtilityWater Enterprise Fund288057 25 JE CARR PROPERTIESAR UtilityWater Enterprise Fund288070 25 KONDADASULA SUCHITHAR UtilityWater Enterprise Fund288165 25 WALKER DARREYLAR UtilityWater Enterprise Fund288050 25 HOFSTEDTS SCOTT RAR UtilityWater Enterprise Fund288120 24 ROGER WAHLDICK C/O AMY LIEBERMANAR UtilityWater Enterprise Fund287922 24 URBAN GROWLER BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store1029496 24 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store288018 23 ELLINGSON LUTHERAR UtilityWater Enterprise Fund287984 23 BONDLEY JORDANAR UtilityWater Enterprise Fund1029663 23 TOLL GAS AND WELDING SUPPLYRepair & Maint. Supplies Wasterwater Collection287718 23 SCHAEPE, BRUCEAR UtilityWater Enterprise Fund287484 23 COMCASTOther Contracted Services Police Sworn288034 23 GRIAK MATTHEWAR UtilityWater Enterprise Fund288127 22 SANKARANARAYANAN NISHADAR UtilityWater Enterprise Fund288112 22 PORTER MICHAELAR UtilityWater Enterprise Fund287978 22 BEUKEMA MICHAELAR UtilityWater Enterprise Fund288040 22 HANKINSON JEFFREYAR UtilityWater Enterprise Fund288073 22 KRIZ JEFFREYAR UtilityWater Enterprise Fund1029620 21 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn287992 20 BUCKMAN JAMESAR UtilityWater Enterprise Fund1029650 20 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store288088 20 MCCULLAR AARONAR UtilityWater Enterprise Fund287826 20 CHRIS CASTLE INCPhone/Data/Web494 Corridor Commission288168 20 WARD TERRYAR UtilityWater Enterprise Fund288125 20 RUBIN MICHAELAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments288158 20 VALLE NATHANAR UtilityWater Enterprise Fund288184 20 BACAL, AGNIESZKAConference/TrainingOutdoor Center1029614 20 SPOK, INC.Cell/Pager PlansIT Operating1029621 19 BOYER TRUCKSEquipment PartsFleet Operating288156 19 UNKE GARTHAR UtilityWater Enterprise Fund288090 19 MELANDER JONAR UtilityWater Enterprise Fund288055 19 JACKSON TOMAR UtilityWater Enterprise Fund288155 18 UMHOEFER NATHANAR UtilityWater Enterprise Fund288041 18 HANSON MARCUSAR UtilityWater Enterprise Fund287876 17 PRAIRIE LAWN AND GARDENEquipment Repair & Maint Park Maintenance288025 17 FISHMAN ROSSAR UtilityWater Enterprise Fund288024 17 FIALO SALVATOREAR UtilityWater Enterprise Fund288133 16 SHAROCKMAN, BRETTAR UtilityWater Enterprise Fund288071 16 KRAMBER HUGHAR UtilityWater Enterprise Fund288236 16 MSC INDUSTRIAL SUPPLY CO INCRepair & Maint. Supplies Water Treatment287971 16 BALLARD ANNEAR UtilityWater Enterprise Fund288150 16 THAYER TYRONEAR UtilityWater Enterprise Fund287972 15 BALON KEVINAR UtilityWater Enterprise Fund288151 15 THEISEN JOHNAR UtilityWater Enterprise Fund287993 15 BUDKE CLAIRAR UtilityWater Enterprise Fund288153 15 TIES KRISTIAR UtilityWater Enterprise Fund288164 15 WAGNER STEVEAR UtilityWater Enterprise Fund288102 15 OLSON CORYAR UtilityWater Enterprise Fund288078 15 LINDELL CORWINAR UtilityWater Enterprise Fund288094 14 MOFFETT LAURAAR UtilityWater Enterprise Fund288147 14 TAGATZ TODDAR UtilityWater Enterprise Fund8588 13 NCR PAYMENT SOLUTIONS,PA, LLCBank and Service Charges Liquor Store Delivery288020 13 ESTATE OF GERARD J RUEHLEAR UtilityWater Enterprise Fund287985 13 BOSWORTH CATHERINEAR UtilityWater Enterprise Fund288130 13 SCHUBERT ADAMAR UtilityWater Enterprise Fund288082 13 LUND DUANEAR UtilityWater Enterprise Fund1029689 13 SHERWIN WILLIAMS COEquipment PartsFleet Operating288059 12 JOHNSON BRETTAR UtilityWater Enterprise Fund288063 12 KACHELMEIER, MARKAR UtilityWater Enterprise Fund287975 12 BEDORD GARYAR UtilityWater Enterprise Fund288083 11 MANN LESAR UtilityWater Enterprise Fund288132 11 SHAFFER CARAAR UtilityWater Enterprise Fund288074 11 LARSEN NATHANAR UtilityWater Enterprise Fund288210 11 FLYNN, KERRYOperating SuppliesOutdoor Center288198 10 CULLIGAN BOTTLED WATERCorridor Comm. Misc494 Corridor Commission287546 10 UNITED WAYCharitable Contributions Health and Benefits287737 10 XCEL ENERGYOther Contracted Services Police Sworn287868 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricRiley Creek Woods288256 10 UNITED WAYCharitable Contributions Health and Benefits288122 10 ROMAN MANUELAR UtilityWater Enterprise Fund288117 10 REITER JACOBAR UtilityWater Enterprise Fund2881009 NYE HEIDIAR UtilityWater Enterprise Fund2879899 BROOKS BENJAMINAR UtilityWater Enterprise Fund2881319 SCHWANKL BRYONAR UtilityWater Enterprise Fund
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments2880129 DIZON ANDREWAR UtilityWater Enterprise Fund10296609 MANBECK, KEVINTuition Reimbursement/School Fitness Classes2880159 ELDERR JESSICAAR UtilityWater Enterprise Fund2881348 SHORTEN MICHELLEAR UtilityWater Enterprise Fund2881378 SMITHSON-ALDOUBAL MICHELLEAR UtilityWater Enterprise Fund2881677 WANG JACKAR UtilityWater Enterprise Fund2875537 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Operating SuppliesTrips2879697 ADAM-MELLANG LINDAAR UtilityWater Enterprise Fund2879957 CANNY JOHNAR UtilityWater Enterprise Fund2881367 SLETTEN DONALDAR UtilityWater Enterprise Fund2880756 LAUSENG LINDAAR UtilityWater Enterprise Fund2881356 SINGLESTAD SUSANAR UtilityWater Enterprise Fund2878246 CEF EP COMMUNITY SOLAR LLCElectricFacilities Operating ISF2880006 CLAPP RONAR UtilityWater Enterprise Fund2878096 A TO Z RENTAL CENTEREquipment Repair & Maint Fire2879816 BOEHM JOHNAR UtilityWater Enterprise Fund2880165 ELGETHUN DAVIDAR UtilityWater Enterprise Fund2881715 WILLARD DALUGE C/O MARGARET PLANKAR UtilityWater Enterprise Fund2874935 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits2874945 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits2882065 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits2882075 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits2878345 DELEGARD TOOL COOperating SuppliesFleet Operating2878294 COMCASTOther Contracted Services Police Sworn2876534 CEF EP COMMUNITY SOLAR LLCElectricFacilities Operating ISF2881892 CEF EP COMMUNITY SOLAR LLCElectricFacilities Operating ISF10296111 NELSON, ROBINOutreach Mileage/Parking 494 Corridor Commission8,951,344 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
1/4/2022
Amount Account Description Business Unit
5,622 Other Revenue General Fund
3,355 Operating Supplies Fire
2,600 Operating Supplies Fire
2,366 Repair & Maint. Supplies Maintenance Facility
2,192 Tires Fleet Operating
2,075 Prepaid Expenses IT Operating
2,000 Protective Clothing Fire
1,816 Tuition Reimbursement/School Police Sworn
1,589 Operating Supplies Fire
1,505 Clothing & Uniforms Concessions
1,296 Travel Expense Economic Development
1,250 Training Fire
1,232 Operating Supplies Snow & Ice Control
1,196 Licenses, Taxes, Fees Fire
1,144 Office Supplies Police Sworn
995 Fire Prevention Supplies Fire
971 Operating Supplies Fire
923 Conference/Training Administration
876 Operating Supplies Internal Events
823 Equipment Repair & Maint Fire
821 Bank and Service Charges Prairie View Liquor Store
770 Training Fire
758 Operating Supplies Fire
676 Repair & Maint. Supplies Utility Operations - General
634 Operating Supplies Community Center Admin
633 Conference/Training Fire
633 Conference/Training Fire
633 Conference/Training Fire
633 Conference/Training Fire
602 Waste Disposal Park Maintenance
596 Equipment Parts Fleet Operating
550 Training Supplies Police Sworn
549 Licenses, Taxes, Fees Fitness Classes
549 Licenses, Taxes, Fees Fitness Classes
527 Operating Supplies Inspections-Administration
510 Operating Supplies Riley Lake Beach
504 Advertising Communications
502 Conference/Training Street Maintenance
494 Operating Supplies Police Sworn
485 Fire Prevention Supplies Fire
474 Other Rentals Winter Theatre
471 Operating Supplies Police Sworn
455 Small Tools Traffic Signals
450 Advertising Community Center Admin
443 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr
438 Operating Supplies Halloween Party
432 Conference/Training IT Operating
411 Equipment Parts Fleet Operating
405 Licenses, Taxes, Fees Ice Lessons
404 Equipment Repair & Maint Fire
402 Operating Supplies Community Center Admin
400 Operating Supplies Fire
400 Capital Under $25,000 Fitness Classes
Amount Account Description Business Unit
395 Operating Supplies Police Sworn
394 Repair & Maint. Supplies Outdoor Center Facilities
385 Office Supplies Police Sworn
380 Clothing & Uniforms Utility Operations - General
377 Office Supplies Police Sworn
375 Prepaid Expenses General Fund
368 Conference/Training Police Sworn
368 Conference/Training Police Sworn
355 Repair & Maint. Supplies Water Treatment
335 Conference/Training Engineering
324 Travel Expense Assessing
324 Operating Supplies Fire
318 Travel Expense Fire
318 Conference/Training Utility Operations - General
312 Operating Supplies Outdoor Center
311 Computers IT Operating
310 Training Supplies Police Sworn
310 Operating Supplies Fire
308 Operating Supplies Senior Center Programs
307 Operating Supplies Fall Harvest
300 Dues & Subscriptions Utility Operations - General
300 Other Contracted Services Liquor Store Delivery
298 Tuition Reimbursement/School Police Sworn
297 Miscellaneous City Council
288 Conference/Training Pool Operations
281 Office Supplies Police Sworn
271 Operating Supplies Arts Center
266 Travel Expense Fire
262 Miscellaneous Internal Events
262 Repair & Maint. Supplies City Center - CAM
250 Awards Finance
250 Advertising Community Center Admin
250 Tuition Reimbursement/School Police Sworn
245 Other Contracted Services Police Sworn
240 Conference/Training IT Operating
239 Repair & Maint. Supplies Arts Center
233 Operating Supplies Pool Operations
228 Miscellaneous Internal Events
221 Fire Prevention Supplies Fire
219 Prepaid Expenses General Fund
214 Training Fire
213 Employee Award Organizational Services
210 Conference/Training Utility Operations - General
209 Tuition Reimbursement/School Police Sworn
203 Equipment Parts Fleet Operating
200 Conference/Training Pool Operations
195 Advertising Planning
190 Miscellaneous Planning
188 Conference/Training Fire
186 Operating Supplies Outdoor Center
172 Special Event Fees Senior Center Programs
160 Other Contracted Services Police Sworn
153 Operating Supplies Prairie View Liquor Store
150 Tuition Reimbursement/School Police Sworn
150 Licenses, Taxes, Fees Fitness Classes
149 Clothing & Uniforms Facilities Staff
148 Canine Supplies Police Sworn
Amount Account Description Business Unit
147 Equipment Parts Fleet Operating
147 Operating Supplies Ice Operations
146 Operating Supplies Police Sworn
145 Operating Supplies Volunteers
139 Canine Supplies Police Sworn
136 Operating Supplies Pool Operations
133 Fire Prevention Supplies Fire
132 Repair & Maint. Supplies Ice Arena Maintenance
131 Office Supplies Fire
128 Operating Supplies Arts Center
125 Operating Supplies Youth Programs Admin
125 Tuition Reimbursement/School Police Sworn
125 Tuition Reimbursement/School Police Sworn
125 Tuition Reimbursement/School Police Sworn
125 Tuition Reimbursement/School Police Sworn
125 Clothing & Uniforms Fleet Operating
125 Clothing & Uniforms Fleet Operating
124 Clothing & Uniforms Concessions
120 Conference/Training Engineering
120 Dues & Subscriptions Fire
119 Conference/Training Engineering
117 Licenses, Taxes, Fees Fitness Classes
116 Clothing & Uniforms Police Sworn
114 Operating Supplies Arts Center
110 Operating Supplies Youth Programs Admin
110 Operating Supplies Youth Programs Admin
110 Tuition Reimbursement/School Police Sworn
109 Operating Supplies Fall Harvest
108 Software/Hardware Maint. Public Safety Communications
106 Operating Supplies Police Sworn
105 Training Fire
102 Tuition Reimbursement/School Police Sworn
102 Tuition Reimbursement/School Police Sworn
102 Tuition Reimbursement/School Police Sworn
102 Tuition Reimbursement/School Police Sworn
100 Licenses, Taxes, Fees Fitness Classes
100 Advertising Arts Center
100 Operating Supplies Fire
99 Operating Supplies Fitness Classes
99 Operating Supplies Fire
98 Office Supplies Police Sworn
95 Equipment Repair & Maint Public Safety Communications
94 Repair & Maint. Supplies Water Distribution
94 Operating Supplies Pool Operations
93 Equipment Parts Fleet Operating
89 Conference/Training Street Maintenance
89 Equipment Parts Fleet Operating
87 Operating Supplies Arts Center
87 Operating Supplies Outdoor Center
86 Software/Hardware Maint. Fire
86 Repair & Maint. Supplies Stormwater Collection
84 Operating Supplies Fall Harvest
84 Small Tools Fire
82 Training Fire
81 Training Fire
81 Miscellaneous Internal Events
80 Operating Supplies IT Operating
Amount Account Description Business Unit
80 Licenses, Taxes, Fees Senior Center Admin
78 Conference/Training IT Operating
77 Employee Award Organizational Services
77 Conference/Training Youth Programs Admin
77 Training Supplies Fire
77 Office Supplies Police Sworn
76 Operating Supplies Fitness Classes
76 Office Supplies Police Sworn
76 Operating Supplies Senior Center Programs
75 Operating Supplies Fire
75 Other Rentals Finance
75 Employee Award Organizational Services
75 Employee Award Organizational Services
75 Employee Award Organizational Services
75 Operating Supplies Theatre Initiative
73 Fire Prevention Supplies Fire
70 Other Contracted Services Organizational Services
69 Operating Supplies Day Care
66 Equipment Repair & Maint Public Safety Communications
65 Repair & Maint. Supplies City Center - CAM
65 Clothing & Uniforms Winter Theatre
64 Repair & Maint. Supplies Facilities Staff
63 Equipment Parts Fleet Operating
62 Mileage & Parking Park Maintenance
62 Mileage & Parking Park Maintenance
62 Clothing & Uniforms Theatre Initiative
61 Operating Supplies Senior Center Programs
59 Operating Supplies Outdoor Center
59 Repair & Maint. Supplies Facilities Staff
58 Employee Award Organizational Services
56 Clothing & Uniforms Police Sworn
56 Equipment Repair & Maint Public Safety Communications
56 Office Supplies Police Sworn
55 Operating Supplies Day Care
55 Operating Supplies Wine Club/Events
54 Operating Supplies Adult Open Gym
54 Operating Supplies Fire
52 Repair & Maint. Supplies General Community Center
52 Operating Supplies Day Care
51 Operating Supplies Arts Center
50 Conference/Training Park Maintenance
50 Conference/Training Pool Operations
50 Tuition Reimbursement/School Police Sworn
50 Operating Supplies Pool Operations
49 Conference/Training City Clerk
48 Repair & Maint. Supplies Park Maintenance
47 Operating Supplies Arts Center
46 Conference/Training Pool Operations
46 Licenses, Taxes, Fees Concessions
46 Operating Supplies Pool Operations
46 Clothing & Uniforms Theatre Initiative
46 Special Event Fees Senior Center Programs
46 Operating Supplies Pool Operations
45 Operating Supplies Arts Center
45 Clothing & Uniforms Utility Operations - General
45 Operating Supplies Finance
43 Fire Prevention Supplies Fire
Amount Account Description Business Unit
43 Operating Supplies Fall Harvest
43 Operating Supplies Fire
41 Operating Supplies Outdoor Center
41 Operating Supplies Fall Harvest
41 Operating Supplies Outdoor Center
40 Conference/Training Pool Operations
40 Conference/Training Park Maintenance
40 Conference/Training Pool Operations
40 Operating Supplies Senior Center Programs
40 Merchandise for Resale Concessions
40 Conference/Training Fitness Classes
40 Special Event Fees Senior Center Programs
40 Repair & Maint. Supplies Maintenance Facility
40 Clothing & Uniforms Police Sworn
38 Operating Supplies Pool Operations
38 Advertising Communications
37 Operating Supplies Youth Programs Admin
37 Tuition Reimbursement/School Police Sworn
37 Tuition Reimbursement/School Police Sworn
37 Tuition Reimbursement/School Police Sworn
37 Tuition Reimbursement/School Police Sworn
37 Tuition Reimbursement/School Police Sworn
37 Operating Supplies Fall Harvest
36 Operating Supplies Arts Center
35 Conference/Training Street Maintenance
35 Clothing & Uniforms Theatre Initiative
35 Other Contracted Services Organizational Services
34 Operating Supplies Outdoor Center
34 Operating Supplies Arts Center
33 Operating Supplies Day Care
32 Operating Supplies Arts Center
32 Operating Supplies New Adaptive
32 Operating Supplies Outdoor Center
32 Operating Supplies Adult Open Gym
32 Conference/Training Utility Operations - General
32 Operating Supplies Arts Center
32 Operating Supplies Youth Programs Admin
32 Operating Supplies Day Care
31 Training Supplies Police Sworn
30 Operating Supplies Wine Club/Events
30 Advertising Arts Center
30 Conference/Training Communications
30 Travel Expense Economic Development
30 Training Fire
30 Operating Supplies Outdoor Center
30 Operating Supplies Outdoor Center
29 Operating Supplies Arts Center
29 Equipment Repair & Maint Public Safety Communications
28 Operating Supplies Outdoor Center
27 Operating Supplies Pool Operations
27 Operating Supplies Arts Center
27 Small Tools Fleet Operating
27 Operating Supplies Winter Theatre
27 Operating Supplies Fire
26 Conference/Training Economic Development
26 Clothing & Uniforms Theatre Initiative
26 Operating Supplies Fall Harvest
Amount Account Description Business Unit
25 Operating Supplies Police Sworn
25 Conference/Training Inspections-Administration
25 Other Contracted Services Organizational Services
25 Employee Award Organizational Services
25 Computers IT Operating
25 Computers IT Operating
25 Small Tools Facilities Staff
24 Operating Supplies Pool Special Events
24 Operating Supplies Fitness Center
24 Office Supplies Police Sworn
23 Clothing & Uniforms Theatre Initiative
23 Operating Supplies Youth Programs Admin
22 Operating Supplies IT Operating
22 Clothing & Uniforms Theatre Initiative
21 Computers IT Operating
20 Operating Supplies Arts Center
20 Employee Award Organizational Services
20 Clothing & Uniforms Winter Theatre
20 Clothing & Uniforms Winter Theatre
20 Bank and Service Charges Inspections-Administration
20 Dues & Subscriptions Fleet Operating
20 Office Supplies Police Sworn
19 Operating Supplies Special Events (CC)
19 Operating Supplies Halloween Party
19 Operating Supplies Arts Center
18 Operating Supplies Internal Events
18 Conference/Training Park Maintenance
18 Equipment Parts Fleet Operating
18 Operating Supplies Arts Center
17 Operating Supplies Pool Operations
17 Operating Supplies Arts Center
17 Operating Supplies Arts Center
17 Operating Supplies Pool Operations
16 Dues & Subscriptions Housing and Community Service
15 Computers IT Operating
15 Other Contracted Services Organizational Services
14 Operating Supplies Pool Operations
14 Operating Supplies Volunteers
14 Operating Supplies Pool Operations
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Arts Center
13 Operating Supplies Youth Programs Admin
13 Clothing & Uniforms Winter Theatre
13 Employee Award Organizational Services
13 Clothing & Uniforms Winter Theatre
13 Operating Supplies Pool Operations
12 Dues & Subscriptions Police Sworn
12 Equipment Repair & Maint Public Safety Communications
12 Operating Supplies Fitness Classes
12 Fire Prevention Supplies Fire
11 Repair & Maint. Supplies Facilities Staff
11 Equipment Repair & Maint Public Safety Communications
11 Miscellaneous City Council
11 Operating Supplies Den Road Liquor Store
11 Operating Supplies New Adaptive
11 Equipment Repair & Maint Public Safety Communications
10 Repair & Maint. Supplies Park Maintenance
Amount Account Description Business Unit
10 Operating Supplies Senior Center Programs
10 Training Fire
9 Operating Supplies Pool Operations
9 Employee Award Internal Events
8 Operating Supplies Pool Operations
8 Operating Supplies Fitness Classes
8 Dues & Subscriptions Police Sworn
7 Operating Supplies New Adaptive
6 Operating Supplies New Adaptive
6 Mileage & Parking Economic Development
6 Office Supplies Police Sworn
5 Operating Supplies Senior Center Programs
5 Operating Supplies Special Events Admin
5 Operating Supplies New Adaptive
2 Bank and Service Charges Customer Service
2 Merchandise for Resale Concessions
-7 Operating Supplies Arts Center
-7 Software/Hardware Maint. IT Operating
-8 Equipment Repair & Maint Public Safety Communications
-14 Operating Supplies Pool Operations
-32 Operating Supplies Outdoor Center
-33 Special Event Fees Senior Center Programs
-37 Operating Supplies Fire
-44 Equipment Parts Fleet Operating
-50 Conference/Training Tree Disease
-55 Operating Supplies Wine Club/Events
-99 Operating Supplies Fire
-155 Fire Prevention Supplies Fire
-155 Deposits General Fund
-217 Operating Supplies Internal Events
-238 Other Rentals Winter Theatre
-382 Operating Supplies Police Sworn
-463 Repair & Maint. Supplies Maintenance Facility
-560 Conference/Training Administration
-715 Conference/Training City Council
-1,144 Office Supplies Police Sworn
-2,489 Operating Supplies Police Sworn
74,459 Report Total
Requested Action Move to: Adopt Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2022. Synopsis This designation is required on an annual basis.
Since the Eden Prairie News published their final newspaper in April 2020, the Eden Prairie Sun
Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. Attachments
Eden Prairie Sun Sailor bid Resolution
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT / DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Designate Official City Newspaper
ITEM NO.:
XIII.A.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__
A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the
Eden Prairie Sun Sailor be designated as the official City newspaper for the year 2022.
ADOPTED by the City Council of the City of Eden Prairie, on this 4th day of January 2022.
______________________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Designate Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 2022 and Appointing Acting Mayor
ITEM NO.:
XIII.B.
Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2022 and appointing Council Member ______ as Acting
Mayor.
Synopsis This resolution requires approval on an annual basis. Council Member Kathy Nelson served as
Acting Mayor in 2021.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2022 AND APPOINTING ACTING MAYOR
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly
scheduled Council meetings. Robert’s Rules of Order will prevail; and BE IT RESOLVED, that the first meeting of 2022 will be held on January 4 and the second meeting in January will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in February, June, and July will be held on the second Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in August will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2023 will be held on January 3; and
BE IT FURTHER RESOLVED, that Council Member _____ is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 4th day of January 2022.
________________________ Ronald A. Case, Mayor
ATTEST: _________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of City Manager
Administration
ITEM DESCRIPTION:
Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority
ITEM NO.:
XIII.C.
Requested Action Move to: Adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and
appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ______ as Secretary for calendar year 2022. Synopsis
This appointment requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2021. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___
A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and
WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to-
wit: Ron Case, Kathy Nelson, Mark Freiberg, PG Narayanan and Lisa Toomey, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and
WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for
the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as
Executive Director and Council Member _____ as Secretary of calendar year 2022.
ADOPTED, by the City Council of the City of Eden Prairie, on this 4th day of January 2022.
______________________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION: Designate Director and Alternate Director to the Suburban Rate Authority
ITEM NO.:
XIII.D.
Requested Action Move to: Adopt Resolution designating ______________________ as the Director and
_______________________ as the Alternate Director to the Suburban Rate
Authority. Synopsis
This resolution requires approval on an annual basis.
Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___
A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates
_________________________ as the Director and _________________________ as the Alternate
Director of the Suburban Rate Authority for 2022. ADOPTED, by the City Council of the City of Eden Prairie, on this 4th day of January 2022.
____________________________ Ronald A. Case, Mayor
ATTEST: __________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appointment to the National League of Cities
ITEM NO.:
XIII.E.
Requested Action
Move to: Approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities. Synopsis
This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appointment to the Municipal Legislative
Commission
ITEM NO.:
XIII.F.
Requested Action Move to: Approve appointment of _________ to the Municipal Legislative Commission.
Synopsis This appointment is approved on an annual basis. Mayor Case has served since 2019.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appointment to the Southwest Cable Commission
ITEM NO.:
XIII.G.
Requested Action
Move to: Approve appointment of _________________________ to the Southwest Cable Commission. Synopsis
This appointment is approved on an annual basis. Council Member Freiberg has served on the Southwest Cable Commission since 2019.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
ITEM DESCRIPTION:
Appointment to the I-494 Corridor Commission
ITEM NO.:
XIV.H.
Requested Action Move to: Approve appointment of ___________________ to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Council Member Toomey served on the I-494 Corridor Commission in 2021.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT / DIVISION: Jay Lotthammer Parks and Recreation Director
ITEM DESCRIPTION:
Appointment of Assistant Weed Inspector
ITEM NO.:
XIII.I.
Requested Action Move to: Appoint Lauren Stufft as Assistant Weed Inspector for the City of Eden Prairie.
Synopsis
Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances
Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Lauren Stufft is the City’s current Forestry Technician in the Parks and Recreation Department.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appointments to the Fire Relief Association
ITEM NO.:
XIII.J.
Requested Action Move to: Adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association.
Synopsis Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be:
• One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually
• The chief of the municipal fire department
Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the Fire Relief Association in 2021.
The appointment of the Fire Chief is automatic according to statute. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD
WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and
WHEREAS, the three municipal trustees must be one elected municipal official and one
elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED, that the City Council appoints __________
and _______________ to serve on the Eden Prairie Fire Relief Association Board of Trustees for
2022. ADOPTED, by the City Council of the City of Eden Prairie, on the 4th day of January 2022.
______________________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appointment to the Southwest Transit Commission
ITEM NO.:
XIII.K.
Requested Action
Move to: Appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2023. Synopsis
It is necessary for the City Council to appoint an Appointed Representative for a two -year term to end on December 31, 2023. Council Member Narayanan held this position in 2021.
Council Member Freiberg also is a representative on the board.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
January 4, 2022
DEPARTMENT/DIVISION:
Office of the City Manager
Administration
ITEM DESCRIPTION:
Appoint an elected official and an alternate to the
Southwest LRT Community Works Project Steering Committee
ITEM NO.:
XIII.L.
Requested Action Move to: Appoint ______________ to the Southwest LRT Community Works Project Steering Committee and _____________ as an alternate member of the Southwest LRT Community
Works Project Steering Committee. Synopsis
Hennepin County established the Southwest Light Rail Transit (SW LRT) Community Works
Project to formalize and expand early collaborations across jurisdictions within the SW LRT corridor. A Steering Committee was assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invited the City of Eden Prairie to appoint one elected official and an alternate to this Steering Committee.
In 2021, Council Member Nelson served as the appointed member and Council Member Toomey served as an alternate member.