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City Council - 10/18/2022
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 18, 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, and City Attorney Maggie Neuville Workshop - Heritage Rooms I and II (5:30) I. EP MULTI FAMILY PROJECT II. CITY ENTRY MONUMENT SIGNS Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT INSERT COPY Project Name City, State Insert Date EDEN PRAIRIE APARTMENTS CITY COUNCIL WORK SESSION Eden Prairie, MN October 18, 2022 2Eden Prairie Apartments • Site Location PROPOSED SITE Valley View RoadT o p v i ew R o a d Robe r t s D r i v e I n t e r s t a t e 4 9 4 Highway 212 Metropolitan Ford / Suburban Chevrolet Menards Prairie Tech Office BuildingHome Depot Proposal Summary 4Eden Prairie Apartments • Previous Design City/ Public Feedback - Not enough on-site parking - Building height is incompatible with surrounding neighborhood - Lack of green design features Proposed Solutions - Increase parking to 1.6 stalls per unit - Flat roof design to reduce building height - Installing roof top solar panels, EV charging stalls, and energy efficient building components Building Metrics - 269 parking stalls, 1.3 stalls per unit - 5 stories tall, pitched roof Previous Design Height 6Eden Prairie Apartments • Enlarged Elevation Comparison GRADE PLANE TOPVIEW & ROBERTS INTERSECTION ELEV. VALLEY VIEW & TOP VIEW INTERSECTION ELEV. 2’-9” Below L1 ~19’-0” Above L1 ~45’-0” Above L1 PREVIOUS T.O. ROOF PROPOSED T.O. ROOF BUILDING HEIGHT REDUCED BY 11’-4” Pitched Roof Design Flat Roof Design 7Eden Prairie Apartments • 14’ - 9”Enlarged Elevation GRADE PLANE TOPVIEW & ROBERTS INTERSECTION ELEV. VALLEY VIEW & TOP VIEW INTERSECTION ELEV. PROPOSED T.O. ROOF PREVIOUS T.O. ROOF 59’ - 9”11’ - 4”40’ - 9” 8Eden Prairie Apartments • Site Section Elev. of Neighborhood Homes Elev. of Roof TopElev. of Top View/ Roberts Drive Intersection Elev. of Pitched Roof Top TO P V I EW R D ROB E R T S D R VALLEY VIEW RD NORTH Pitched Roof Design Elev. of Neighborhood Homes Elev. of Roof TopElev. of Top View/ Roberts Drive Intersection Flat Roof Design 9Eden Prairie Apartments • TO P V I EW R D ROB E R T S D R VALLEY VIEW RD NORTH View from Valley View and Topview PITCHED ROOF FLAT ROOF TOPVIEW RD TOPVIEW RD 10Eden Prairie Apartments • TO P V I EW R D ROB E R T S D R VALLEY VIEW RD NORTH View South from Roberts Drive PITCHED ROOF - Winter FLAT ROOF - Winter Summer ROBERTS DR ROBERTS DR Parking 12Eden Prairie Apartments • Parking Site Plan Proposed Parking - 210 Units - 318 Parking Stalls - 119 Structured - 199 Surface - 1.6 Stalls / Non- Studio Unit + 1 Stall / Studio Unit Previous Parking - 211 Units - 269 Parking Stalls - 119 Structured - 150 Surface - 1.3 Stalls / Non- Studio Unit + 1 Stall / Studio Unit Sustainable Features 14Eden Prairie Apartments • Sustainable Features - Rooftop Solar Panels - Electric Vehicle Charging - 89 EV Capable Stalls - Min. 4 EV Charging Stalls - Proposed Stormwater System: - Underground Infiltration - 1 Biofiltration Basin - Biofiltration Bench Around Existing Wetland - Stormwater System Designed to Handle The 100-year 7.41” Rain Event - Electrifying Heat & Cooking Sources to Decrease Operational Carbon - Decrease Outdoor Potable Water Consumption Through Drought Tolerant & Native Plantings - 70% Construction Waste Diversion - Other: Energy Efficient Lighting, Bike Storage, Low-Flow Fixtures, and Energy Star Appliances Possible Solar Array Design Sustainable Features Context Renderings 16Eden Prairie Apartments • TO P V I EW R D ROB E R T S D R VALLEY VIEW RD NORTH Topview Rd TOPVIEW RD 17Eden Prairie Apartments • TO P V I EW R D ROB E R T S D R VALLEY VIEW RD NORTH Entry from Valley View VALLEY V I E W R D Support Materials 19Eden Prairie Apartments • Elevations 20Eden Prairie Apartments • Plan - Level P1 UP UP B 99 C D E F G K L N Q R S 1 2 3 4 5 6 8 14 16 M 7 15 H JA 13 10 11 12 P ELEC BIKE TRASH POOL EQP. WATER MECH MAINT.PET WASH ELEV LOBBY ELEV A-B STAIR C 152 STAIR B 153 STAIR A 154 UNEXCAVATED POTENTIAL STORAGE GARAGE ENTRY ELEC 271 SPRINKLER T TTT TTT TTT T T T T T 21Eden Prairie Apartments • UNIT MIX SUMMARY BUILDING GSF SUMMARY B 99 C D E F G K K L L N N Q Q R R S S 1 2 3 4 5 6 8 14 16 M M 7 15 H JA LOBBY/ COWORKING CLUB ROOM FITNESS STAIR A STAIR C STAIR B LEASING TOILET TOILET 2BR-A 2BR-A 1BR-A 1BR-B 1BR-B 1BR-A ALCOVE-A ALCOVE-A 2BR-A 1BR-A 1BR-A 1BR-A 1BR-B 1BR-A1BR-B 1BR-B2BR-C 2BR-C 1BR-B 1BR-A 1BR-A 1BR-B2BR-B 1BR-B 2BR-B 2BR-B 2BR-B 2BR-B 2BR-B GAME ROOM 13 10 11 12 P P PACK. ELEV A-B ELEC SAUNA GROUP FITNESS MAIL TRASH CHUTE VEST. AREA TYPE AMENITY BOH CIRCULATION Circulation-Shell COMMON AREA LOBBY LOBBY/ COWORKING Units_1BR Units_2BR Units_Alcove 2BR-D 1BR-B 1BR-A 2BR-B 2BR-B 2BR-A VEST.01"3"2"VERIFY SHEET SCALE HERERYAN A+E, INC. 533 South Third Street, Suite 100 Minneapolis, MN 55415 612-492-4000 tel 612-492-3000 fax REGISTRATION NO. DATE NOT FOR CONSTRUCTIONWWW.RYANCOMPANIES.COM PRELIMINARY NOT FOR CONSTRUCTION© 2022 RYAN A+E, INC. DRAWN BY CHECKED BY JOB NO.DATE CONSULTANTS OWNER KEY PLAN PROJECT INFORMATION SD PKG 3 06/01/2022 Name Number Date I hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Registered Architect under the laws of the State of Minnesota AB 6/1/2022 10:40:58 AMVALLEY VIEW RD EDEN PRAIRIE, MN A130 JC, MN JB, LK 701-155 6/01/22 LEVEL 1 UNIT MIX EDEN PRAIRIE MULTIFAMILY BUILDING GSF LEVEL AREA P1 41873 SF LEVEL 1 41613 SF LEVEL 2 41613 SF LEVEL 3 41613 SF LEVEL 4 41613 SF LEVEL 5 41613 SF Grand total 249940 SF 1/16" = 1'-0"A1301 Level 1 UNIT MIX PLAN UNIT MIX SUMMARY - LEVEL 1 Unit Type Area Count Units_1BR 1BR-A 692 SF 1 1BR-A 664 SF 1 1BR-A 661 SF 1 1BR-A 661 SF 1 1BR-A 659 SF 1 1BR-A 658 SF 1 1BR-A 659 SF 1 1BR-A 689 SF 1 1BR-A 689 SF 1 1BR-B 773 SF 1 1BR-B 775 SF 1 1BR-B 770 SF 1 1BR-B 775 SF 1 1BR-B 773 SF 1 1BR-B 761 SF 1 1BR-B 774 SF 1 1BR-B 759 SF 1 1BR-B 759 SF 1 18 Units_2BR 2BR-A 1111 SF 1 2BR-A 1110 SF 1 2BR-A 1109 SF 1 2BR-A 1114 SF 1 2BR-B 976 SF 1 2BR-B 991 SF 1 2BR-B 974 SF 1 2BR-B 990 SF 1 2BR-B 991 SF 1 2BR-B 989 SF 1 2BR-B 979 SF 1 2BR-B 976 SF 1 2BR-C 1028 SF 1 2BR-C 1033 SF 1 2BR-D 1024 SF 1 15 Units_Alcove ALCOVE-A 548 SF 1 ALCOVE-A 550 SF 1 2 TOTAL UNIT COUNT: 35 35 N TN 0 4' 8' 16'32'48' ISSUE RECORD ISSUE # DATE DESCRIPTION REGISTRATION NO. DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.EXP. DATE KARL NILSEN DRECKTRAH 47663 06.30.202006.30.2022 Plan - Level 1 UNIT MIX SUMMARY BUILDING GSF SUMMARY B 99 C D E F G K K L L N N Q Q R R S S 1 2 3 4 5 6 8 14 16 M M 7 15 H JA LOBBY/ COWORKING CLUB ROOM FITNESS STAIR A STAIR C STAIR B LEASING TOILET TOILET 2BR-A 2BR-A 1BR-A 1BR-B 1BR-B 1BR-A ALCOVE-A ALCOVE-A 2BR-A 1BR-A 1BR-A 1BR-A 1BR-B 1BR-A1BR-B 1BR-B2BR-C 2BR-C 1BR-B 1BR-A 1BR-A 1BR-B2BR-B 1BR-B 2BR-B 2BR-B 2BR-B 2BR-B 2BR-B GAME ROOM 13 10 11 12 P P PACK. ELEV A-B ELEC SAUNA GROUP FITNESS MAIL TRASH CHUTE VEST. AREA TYPE AMENITY BOH CIRCULATION Circulation-Shell COMMON AREA LOBBY LOBBY/ COWORKING Units_1BR Units_2BR Units_Alcove 2BR-D 1BR-B 1BR-A 2BR-B 2BR-B 2BR-A VEST.01"3"2"VERIFY SHEET SCALE HERERYAN A+E, INC. 533 South Third Street, Suite 100 Minneapolis, MN 55415 612-492-4000 tel 612-492-3000 fax REGISTRATION NO. DATE NOT FOR CONSTRUCTIONWWW.RYANCOMPANIES.COM PRELIMINARY NOT FOR CONSTRUCTION© 2022 RYAN A+E, INC. DRAWN BY CHECKED BY JOB NO.DATE CONSULTANTS OWNER KEY PLAN PROJECT INFORMATION SD PKG 3 06/01/2022 Name Number Date I hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Registered Architect under the laws of the State of Minnesota AB 6/1/2022 10:40:58 AMVALLEY VIEW RD EDEN PRAIRIE, MN A130 JC, MN JB, LK 701-155 6/01/22 LEVEL 1 UNIT MIX EDEN PRAIRIE MULTIFAMILY BUILDING GSF LEVEL AREA P1 41873 SF LEVEL 1 41613 SF LEVEL 2 41613 SF LEVEL 3 41613 SF LEVEL 4 41613 SF LEVEL 5 41613 SF Grand total 249940 SF 1/16" = 1'-0"A1301 Level 1 UNIT MIX PLAN UNIT MIX SUMMARY - LEVEL 1 Unit Type Area Count Units_1BR 1BR-A 692 SF 1 1BR-A 664 SF 1 1BR-A 661 SF 1 1BR-A 661 SF 1 1BR-A 659 SF 1 1BR-A 658 SF 1 1BR-A 659 SF 1 1BR-A 689 SF 1 1BR-A 689 SF 1 1BR-B 773 SF 1 1BR-B 775 SF 1 1BR-B 770 SF 1 1BR-B 775 SF 1 1BR-B 773 SF 1 1BR-B 761 SF 1 1BR-B 774 SF 1 1BR-B 759 SF 1 1BR-B 759 SF 1 18 Units_2BR 2BR-A 1111 SF 1 2BR-A 1110 SF 1 2BR-A 1109 SF 1 2BR-A 1114 SF 1 2BR-B 976 SF 1 2BR-B 991 SF 1 2BR-B 974 SF 1 2BR-B 990 SF 1 2BR-B 991 SF 1 2BR-B 989 SF 1 2BR-B 979 SF 1 2BR-B 976 SF 1 2BR-C 1028 SF 1 2BR-C 1033 SF 1 2BR-D 1024 SF 1 15 Units_Alcove ALCOVE-A 548 SF 1 ALCOVE-A 550 SF 1 2 TOTAL UNIT COUNT: 35 35 N TN 0 4' 8' 16'32'48' ISSUE RECORD ISSUE # DATE DESCRIPTION REGISTRATION NO. DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.EXP. DATE KARL NILSEN DRECKTRAH 47663 06.30.202006.30.2022 22Eden Prairie Apartments • Plan - Level 3-5 UNIT MIX SUMMARY BUILDING GSF SUMMARY B 99 C D E F G K K L L N N Q R S 1 2 3 4 5 6 8 14 16 M M 7 15 H JA 2BR-C 1BR-B 2BR-B 1BR-B 2BR-B 1BR-B 2BR-B ALCOVE-A ALCOVE-B STORAGE 2BR-C STAIR A 1BR-A 1BR-B1BR-B1BR-B 1BR-B 1BR-A ALCOVE-B BOH ALCOVE-A 2BR-A 1BR-A 1BR-A 1BR-A STAIR C 2BR+D-A 2BR-BALCOVE-A 2BR-B 1BR-B 2BR-B 1BR-B 1BR-A 2BR-A 2BR-A STAIR B 1BR-A 2BR-B 1BR-B 1BR-A 2BR-B ALCOVE-A ALCOVE-A 1BR-A AREA TYPE BOH CIRCULATION Circulation-Shell Units_1BR Units_2BR Units_2BR+D / 3BR Units_Alcove ALCOVE-A 1BR-A 13 10 11 12 P BOH ELEC ELEV A-B CORRIDOR 170 TRASHCHUTE 2BR-A 2BR-B ELEVLOBBY 28001"3"2"VERIFY SHEET SCALE HERERYAN A+E, INC. 533 South Third Street, Suite 100 Minneapolis, MN 55415 612-492-4000 tel 612-492-3000 fax REGISTRATION NO. DATE NOT FOR CONSTRUCTIONWWW.RYANCOMPANIES.COM PRELIMINARY NOT FOR CONSTRUCTION© 2022 RYAN A+E, INC. DRAWN BY CHECKED BY JOB NO.DATE CONSULTANTS OWNER KEY PLAN PROJECT INFORMATION SD PKG 3 06/01/2022 Name Number Date I hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Registered Architect under the laws of the State of Minnesota AB 6/1/2022 10:41:03 AMVALLEY VIEW RD EDEN PRAIRIE, MN A131 JC, MN JB, LK 701-155 6/01/22 TYPICAL LEVEL (L2-5) UNIT MIX EDEN PRAIRIE MULTIFAMILY BUILDING GSF LEVEL AREA P1 41873 SF LEVEL 1 41613 SF LEVEL 2 41613 SF LEVEL 3 41613 SF LEVEL 4 41613 SF LEVEL 5 41613 SF Grand total 249940 SF 1/16" = 1'-0"A1311 TYPICAL LEVEL (L2-L5) UNIT MIX PLAN UNIT MIX SUMMARY - TYPICAL LEVEL (2-5) Unit Type Area Count Units_1BR 1BR-A 687 SF 1 1BR-A 689 SF 1 1BR-A 659 SF 1 1BR-A 658 SF 1 1BR-A 659 SF 1 1BR-A 664 SF 1 1BR-A 661 SF 1 1BR-A 687 SF 1 1BR-A 661 SF 1 1BR-A 662 SF 1 1BR-B 773 SF 1 1BR-B 761 SF 1 1BR-B 774 SF 1 1BR-B 775 SF 1 1BR-B 772 SF 1 1BR-B 759 SF 1 1BR-B 759 SF 1 1BR-B 776 SF 1 1BR-B 775 SF 1 1BR-B 770 SF 1 20 Units_2BR 2BR-A 1114 SF 1 2BR-A 1097 SF 1 2BR-A 1098 SF 1 2BR-A 1099 SF 1 2BR-B 976 SF 1 2BR-B 976 SF 1 2BR-B 990 SF 1 2BR-B 974 SF 1 2BR-B 990 SF 1 2BR-B 991 SF 1 2BR-B 989 SF 1 2BR-B 1006 SF 1 2BR-B 979 SF 1 2BR-C 1028 SF 1 2BR-C 1033 SF 1 15 Units_2BR+D / 3BR 2BR+D-A 1195 SF 1 1 Units_Alcove ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 548 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-B 667 SF 1 ALCOVE-B 676 SF 1 8 TOTAL UNIT COUNT: 44 44 0 4' 8' 16'32'48' N TN ISSUE RECORD ISSUE # DATE DESCRIPTION REGISTRATION NO. DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.EXP. DATE KARL NILSEN DRECKTRAH 47663 06.30.202006.30.2022 UNIT MIX SUMMARY BUILDING GSF SUMMARY B 99 C D E F G K K L L N N Q R S 1 2 3 4 5 6 8 14 16 M M 7 15 H JA 2BR-C 1BR-B 2BR-B 1BR-B 2BR-B 1BR-B 2BR-B ALCOVE-A ALCOVE-B STORAGE 2BR-C STAIR A 1BR-A 1BR-B1BR-B1BR-B 1BR-B 1BR-A ALCOVE-B BOH ALCOVE-A 2BR-A 1BR-A 1BR-A 1BR-A STAIR C 2BR+D-A 2BR-BALCOVE-A 2BR-B 1BR-B 2BR-B 1BR-B 1BR-A 2BR-A 2BR-A STAIR B 1BR-A 2BR-B 1BR-B 1BR-A 2BR-B ALCOVE-A ALCOVE-A 1BR-A AREA TYPE BOH CIRCULATION Circulation-Shell Units_1BR Units_2BR Units_2BR+D / 3BR Units_Alcove ALCOVE-A 1BR-A 13 10 11 12 P BOH ELEC ELEV A-B CORRIDOR 170 TRASHCHUTE 2BR-A 2BR-B ELEVLOBBY 28001"3"2"VERIFY SHEET SCALE HERERYAN A+E, INC. 533 South Third Street, Suite 100 Minneapolis, MN 55415 612-492-4000 tel 612-492-3000 fax REGISTRATION NO. DATE NOT FOR CONSTRUCTIONWWW.RYANCOMPANIES.COM PRELIMINARY NOT FOR CONSTRUCTION© 2022 RYAN A+E, INC. DRAWN BY CHECKED BY JOB NO.DATE CONSULTANTS OWNER KEY PLAN PROJECT INFORMATION SD PKG 3 06/01/2022 Name Number Date I hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Registered Architect under the laws of the State of Minnesota AB 6/1/2022 10:41:03 AMVALLEY VIEW RD EDEN PRAIRIE, MN A131 JC, MN JB, LK 701-155 6/01/22 TYPICAL LEVEL (L2-5) UNIT MIX EDEN PRAIRIE MULTIFAMILY BUILDING GSF LEVEL AREA P1 41873 SF LEVEL 1 41613 SF LEVEL 2 41613 SF LEVEL 3 41613 SF LEVEL 4 41613 SF LEVEL 5 41613 SF Grand total 249940 SF 1/16" = 1'-0"A1311 TYPICAL LEVEL (L2-L5) UNIT MIX PLAN UNIT MIX SUMMARY - TYPICAL LEVEL (2-5) Unit Type Area Count Units_1BR 1BR-A 687 SF 1 1BR-A 689 SF 1 1BR-A 659 SF 1 1BR-A 658 SF 1 1BR-A 659 SF 1 1BR-A 664 SF 1 1BR-A 661 SF 1 1BR-A 687 SF 1 1BR-A 661 SF 1 1BR-A 662 SF 1 1BR-B 773 SF 1 1BR-B 761 SF 1 1BR-B 774 SF 1 1BR-B 775 SF 1 1BR-B 772 SF 1 1BR-B 759 SF 1 1BR-B 759 SF 1 1BR-B 776 SF 1 1BR-B 775 SF 1 1BR-B 770 SF 1 20 Units_2BR 2BR-A 1114 SF 1 2BR-A 1097 SF 1 2BR-A 1098 SF 1 2BR-A 1099 SF 1 2BR-B 976 SF 1 2BR-B 976 SF 1 2BR-B 990 SF 1 2BR-B 974 SF 1 2BR-B 990 SF 1 2BR-B 991 SF 1 2BR-B 989 SF 1 2BR-B 1006 SF 1 2BR-B 979 SF 1 2BR-C 1028 SF 1 2BR-C 1033 SF 1 15 Units_2BR+D / 3BR 2BR+D-A 1195 SF 1 1 Units_Alcove ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 548 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-A 550 SF 1 ALCOVE-B 667 SF 1 ALCOVE-B 676 SF 1 8 TOTAL UNIT COUNT: 44 44 0 4' 8' 16'32'48' N TN ISSUE RECORD ISSUE # DATE DESCRIPTION REGISTRATION NO. DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.DATE Name Number Date REGISTRATION NO. DATE Name Number Date REGISTRATION NO.EXP. DATE KARL NILSEN DRECKTRAH 47663 06.30.202006.30.2022 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 18, 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 Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution) B. ACCEPT DONATIONS FROM AMERICAN KARATE STUDIO AND WELLSPRING HEALTH CENTER FOR HARVEST TO HALLOWEEN EVENT (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 4, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO SIGNS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. APPROVE CONTRACT FOR MATERIALS AND SUPERVISION OF LOCOMOTIVE WATER TANK CONSTRUCTION AT DEPOT WATER STORAGE FACILITY TO INTERNATIONAL TANK AND PIPE CITY COUNCIL AGENDA October 18, 2022 Page 2 D. AWARD CONTRACT FOR RIVERVIEW ROAD GUARDRAIL REPLACEMENT PROJECT TO NEW LOOK CONTRACTING E. APPROVE RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM IX. PUBLIC HEARINGS / MEETINGS A. SITE PLAN REVIEW FOR FAÇADE REMODEL AT 7975 WALLACE ROAD BY 360 WALL SYSTEMS, INC B. PUBLIC HEARING FOR APPROVAL OF 2022 SPECIAL ASSESSMENTS AND ADOPT RESOLUTION APPROVING SPECIAL ASSESSMENTS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE REPEALING CITY CODE SECTION 2.33 RELATED TO CRIMINAL HISTORY BACKGROUND CHECKS B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATED TO TOBACCO XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS 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 CITY COUNCIL AGENDA October 18, 2022 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 18, 2022 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 18, 2022 ___________________________________________________________________________________________ TUESDAY, OCTOBER 18, 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 FROM SUMMIT PLACE FOR SENIOR CENTER EVENTS (Resolution) Synopsis: The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming years with the number of aging adults increasing in this community. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. MOTION: Move to adopt the Resolution accepting the contribution in the amount of $200 for Senior Center Fall Lunch and $200 for the Holiday Lunch from Summit Place. B. ACCEPT DONATIONS FROM AMERICAN KARATE STUDIO AND WELLSPRING HEALTH CENTER FOR HARVEST TO HALLOWEEN EVENT (Resolution) Synopsis: Each October the Parks and Recreation Department coordinates a fall ANNOTATED AGENDA October 18, 2022 Page 2 themed city event. This year the Harvest to Halloween event was held on Saturday, October 15 at Riley-Jacques Barn. This free event features a variety of family activities, with a free pumpkin decorating station among the most popular for youth of all ages. MOTION: Move to adopt the Resolution accepting the contribution in the amount of $250 towards the Harvest to Halloween event with $150 from American Karate Studio and $100 from Wellspring Health Center. 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, OCTOBER 4, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. CLERK’S LIST B. APPROVE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO SIGNS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. APPROVE CONTRACT FOR MATERIALS AND SUPERVISION OF LOCOMOTIVE WATER TANK CONSTRUCTION AT DEPOT WATER STORAGE FACILITY TO INTERNATIONAL TANK AND PIPE D. AWARD CONTRACT FOR RIVERVIEW ROAD GUARDRAIL REPLACEMENT PROJECT TO NEW LOOK CONTRACTING E. APPROVE RESOLUTION AUTHORIZING DIRECTOR OF PUBLIC WORKS TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM IX. PUBLIC HEARINGS / MEETINGS ANNOTATED AGENDA October 18, 2022 Page 3 A. SITE PLAN REVIEW FOR FAÇADE REMODEL AT 7975 WALLACE ROAD BY 360 WALL SYSTEMS, INC (Resolution) Synopsis: The applicant is requesting approval of a façade remodel for 7975 Wallace Road. The applicant is proposing to remodel the front of the building on three (3) façades visible from Wallace Road to create an updated look for the building. The façade remodel is code compliant. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 3 acres B. PUBLIC HEARING FOR APPROVAL OF 2022 SPECIAL ASSESSMENTS AND ADOPT RESOLUTION APPROVING SPECIAL ASSESSMENTS Synopsis: Each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution approving all Special Assessments presented in the Fall of 2022 X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE REPEALING CITY CODE SECTION 2.33 RELATED TO CRIMINAL HISTORY BACKGROUND CHECKS Synopsis: Prior to 2013, a city could only access criminal-history data from the Bureau of Criminal Apprehension (BCA) to conduct background checks for employment or licensing purposes if it enacted a local ordinance authorizing such background checks. Consistent with this requirement, in 2004, the City Council adopted City Code Section 2.33 to provide such authorization. In 2013, the legislature adopted Minnesota Statutes Section 299C.72, which provided statutory authorization for law enforcement agencies, including city police departments, to conduct background history checks on applicants for employment and ANNOTATED AGENDA October 18, 2022 Page 4 licensure. City Code Section 2.33 is therefore no longer needed, and the BCA advised that cities should no longer use local ordinances as authority for conducting background checks. This issue was identified in 2013 shortly after the law was passed. Due to some confusion regarding BCA interpretation of the new law, however, staff decided to wait to repeal Section 2.33 until the matter was clarified. It appears that the issue was then overlooked. While preparing recent amendments to Chapter 5, the matter came to my attention. Staff reached out to the BCA, which confirmed that the City should be conducting background checks under the authority granted in Minn. Stat. § 299C.72, and not a local ordinance. I therefore recommend that the Council repeal Section 2.33 at this time and replace other references to Section 2.33 in Chapter 5 with references to Minn. Stat. § 299C.72. Because the Police Department has been conducting background checks without incident since 2013, this is a housekeeping matter to ensure that the department is operating in accordance with state law and BCA policies. The proposed ordinance includes these changes. The details currently located in City Code Section 2.33 relating to procedures and regulations for criminal history background checks will be included in Police Department policies and procedures. MOTION: Move to approve First Reading of an Ordinance repealing Section 2.33 of the Eden Prairie City Code relating criminal history information. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATED TO TOBACCO Synopsis: The Eden Prairie City Code Section 5.35 regulates the sale of tobacco in the City. Tobacco retailers are required to obtain a license from the City and comply with various state and local requirements. The Minnesota legislature adopted certain amendments to the state’s tobacco-related laws in 2020, and the proposed ordinance incorporates these amendments into Section 5.35. These changes include: • Revising the definitions of “electronic delivery device” and “tobacco-related products” • Adding a definition for “tobacco-products shop” • Amending administrative penalty amounts for selling tobacco-related products to persons under the age of 21 ($300 first violation, $600 second violation, $1000 third violation) • Updating penalties for persons under 21 who purchase or attempt to purchase tobacco products with a false identification. Rather than a criminal citation, violators will now be subject only to alternative civil penalties, which may include tobacco-free education programs, community service, or diversion programs. The police department will develop policies and procedures on these alternative penalties. ANNOTATED AGENDA October 18, 2022 Page 5 Other substantive changes being proposed include prohibiting anyone under the of 21 from selling tobacco-related products at a tobacco store, since the new definition of tobacco-products shop prohibits anyone under 21 from entering the shop. At other retail locations, a person must be at least 18 to sell tobacco-related products. The proposed ordinance also requires licensees to permit the City to perform inspections and compliance checks at any time. Further, consistent with the City’s recently adopted ordinance regulating the sale of edible THC products, Section 5.35 now provides that if a tobacco licensee also holds an edible THC products license, a violation of the THC license will also be deemed a violation of the tobacco license. The proposed ordinance also makes several other organizational and formatting changes to Section 5.35, which are intended to make the section consistent with other Chapter 5 licensing provisions and provide for ease of administration and implementation. As required by state law, notice of the proposed ordinance was mailed to existing licensees on September 15, 2022. MOTION: Move to approve First Reading of an Ordinance amending City Code Chapter 5, Section 5.35 Relating to Tobacco. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS 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 MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 18, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Summit Place for Senior Center events ITEM NO.: IV.A. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $200 for Senior Center Fall Lunch and $200 for the Holiday Lunch from Summit Place. Synopsis The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming years with the number of aging adults increasing in this community. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. 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 in the amount of $200 for Senior Center Fall Lunch and $200 for the Holiday Lunch from Summit Place is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of October, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: October 18, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations to the Harvest to Halloween event. ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the contribution in the amount of $250 towards the Harvest to Halloween event with $150 from American Karate Studio and $100 from Wellspring Health Center. Synopsis Each October the Parks and Recreation Department coordinates a fall themed city event. This year the Harvest to Halloween event was held on Saturday, October 15 at Riley-Jacques Barn. This free event features a variety of family activities, with a free pumpkin decorating station among the most popular for youth of all ages. 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 in the amount of $250 for the Harvest to Halloween event with $150 from American Karate Studio and $100 from Wellspring Health Center is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of October, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, October 4, 2022 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: 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, and City Attorney Maggie Neuville Workshop - Heritage Rooms I and II (5:30) I. ROUND LAKE BUILDING UPDATE Lotthammer distributed building materials to attendees and said given the current age of the building, it should have been replaced a year to two earlier. Lotthammer said park building rentals were reviewed and the Parks Commission meeting on October 3, 2022. When rental buildings were ranked in order, Round Lake came in at zero rentals and the most recently updated building at Staring Lake came in at 61 rentals. The pavilion at Round Lake is not counted as a part of the rental. Lotthammer explained that the Staring Lake building was in similar shape to the Round Lake when it was rebuilt a few years ago and since rebuilding, rentals have increased. It can be expected the same would occur with the new Round Lake building. Lotthammer showed renderings of the proposed building and described the view from the main room faces Round Lake The building will have ample seating and sun shelters. Lotthammer said he believes sun shelters will be an added benefit to Round Lake, they are well received at other locations. Lotthammer described seating along the side of the building for people to enjoy a cup of coffee or watch their children on the playground. A seat wall will provide an additional level for people to enjoy an outdoor concert. Nelson asked if there was parking near the Round Lake rental building to accommodate larger events. Lotthammer answered there is a lot of parking space, much of it currently underutilized. Narayanan inquired if anything was changing from the current parking layout. Lotthammer answered it was not. Nelson inquired about wheelchair accessibility. Lotthammer explained the layout of accessible parking spots near the building entrance. Lotthammer described the elevation of the new Round Lake building as well as design features including a pergola and metal aspects with cutouts for added privacy. Lotthammer mentioned the garage doors on the building will look different than in the rendering. The doors will still have large windows but will not open and close in order to better control energy efficiency. City Council Workshop Minutes October 4, 2022 Page 2 Frieberg asked if athletic associations would store equipment in the new building as they do in the current building. Lotthammer explained they have been in contact with the associations over the past year to discuss current and future practices. One possible arrangement would be to construct a centrally located storage building and have associations pay for portions of storage space based on use. Frieberg asked about storage availability in existing City buildings. Lotthammer explained that current storage spaces are at capacity. Toomey asked if there was a pitch to the roof and Lotthammer explained there was. Lotthammer also discussed the green element to the roof. Nelson asked if solar panels were going to be installed on the building. Lotthammer responded they would be. Narayanan asked how many people would be able to fit at the tables in the rendering. Lotthammer explained a banquet style set up could accommodate 50 or more people. A classroom or meeting seating arrangement can seat closer to 70 or 75 people. Lotthammer noted that the building would have one less window and an added fireplace which differed from the rendering. Narayanan asked if the new building would have projection screens. Lotthammer said the building would have two projection screens as well as a kitchenette to support light cleaning and cooking. Lotthammer explained how warming houses do not tend to make successful year-round rental facilities. Given the building’s proximity to the beach and splash pad, an added benefit would be allowing access to restrooms and changing facilities without allowing access to the main building. Technology allows for doors to be locked and unlocked strategically. Narayanan asked if there would be counter space in the Round Lake building, similar what is in the Cambria Room at the Eden Prairie Community Center (EPCC). Lotthammer explained that counter space will be comparable to the Cambria Room at the EPCC and the Lakeview Room at Staring Lake. Narayanan inquired about the warming room. Lotthammer replied that there would be windows and countertop space so parents could watch their child skate. Narayanan inquired about an additional room on the rendering and Lotthammer identified it as a mechanical room. Toomey asked if Staff were to be on site for building rentals. Lotthammer explained when building access was controlled with keys, a Staff person would need to be on site to lock and unlock doors. As with the Staring Lake building, Round Lake building doors will be on a timer. Doors will unlock when a rental begins and lock when it concludes. Door control technology saves on Staff cost. Nelson asked if there would be drinking fountains at the Round Lake building. Lotthammer responded that there would be interior and exterior drinking fountains. Narayanan asked if it was considered to have vending machines at the building as a source of revenue. Lotthammer responded in the past it hasn’t worked well to have vending machines in City Council Workshop Minutes October 4, 2022 Page 3 public areas since they are highly susceptible to vandalism. Lotthammer also explained that for rentals, people tend to bring their own drinks. Lotthammer continued to review interior building details including polished concrete floors and wood paneling which would aid the acoustics of the room. Narayanan asked if there would be built in speakers, Lotthammer answered that sound will come out of the television but there will be no speaker system. Nelson asked if the City would encourage other businesses to have meetings at the Round Lake building. Lotthammer confirmed that businesses could rent the space, the capacity of the building is comparable to the Staring Lake building. Lotthammer continued to detail changing rooms, restrooms, solar panels, drainage of the green roof and striped parking. Lotthammer said electrical wiring will be installed to support possible future EV charging stations. Narayanan asked if additional parking would be added. Lotthammer responded additional parking would not be added. Lotthammer described sustainability aspects of the Round Lake building which would include solar panels, a green roof, and high efficiency heating and cooling equipment. Nelson confirmed with Lotthammer that windows would be fixed in place with doors on either side to access the patio. Narayanan asked about the possibility of adding trees to shade the lawn area that gets very hot. Nelson suggested a more specific spot where trees could be planted. Lotthammer agreed that trees could be added in the future for additional shade. Lotthammer listed additional building materials as metal, cement fiber, mass timber, sealed polished concrete, and rubber flooring. Narayanan asked if there would be cameras installed to monitor the building. Lotthammer replied yes, comparable to what is installed at the Staring Lake building. Exterior cameras have nearly 360-degree mobility and interior cameras would be strategically placed. Narayanan asked if there would be wireless internet available at the Round Lake building and if there would be a cost associated with using it. Lotthammer responded that Round Lake Park has had free wireless internet for the last 5 years or so. The current wireless internet signal would cover the building. Lotthammer estimated the cost and what is budgeted at about $2.5 million. $1.2 million would come from the Capital Reinvestment Fund which is meant to be used to replace something like a park building, that has reached the end of its useful life. Because this project is doing more than just a basic replacement of the building, the other half of the funds would be coming from the Park Improvement Fund. City Council Workshop Minutes October 4, 2022 Page 4 Lotthammer said the project was presented to the Parks Commission on October 3, 2022. It will go out on an electronic bidding system and bidding for the project will open on October 25, 2022. Narayanan inquired if the construction would impact the event on July 4, 2023. Lotthammer explained that the building would be a construction site, but the area would be fenced. Lotthammer stated he isn’t concerned it will affect the event as people have their back to that area most of the time. Nelson inquired if the whole building could be rented for the Fourth of July event, as this could bring money into the Parks Construction Fund. Lotthammer said rentals for all park buildings, except for the Riley Barn, open after the first of the year. The Round Lake building would be rented out, but it wouldn’t be a good idea to rent it for the Fourth of July. Lotthammer said they have a cost estimate for the project. Bid opening for the project is October 25, 2022, with possible bid review at the Parks Commission on November 7, 2022, and Council Meeting on November 15, 2022. The project would move forward if a bid were awarded to a contractor. Construction would begin in March 2023 with substantial completion expected by September 15, 2023, and occupancy to follow in October 2023. Narayanan noted it is unfortunate that they project couldn’t be completed by July 4, 2023. Lotthammer explained that having too tight of a timeline it would increase price. The benefit of awarding the bid soon would be the contractor could begin ordering materials. Frieberg asked how many annual building rentals Lotthammer anticipates. Lotthammer estimated as many rentals as Staring Lake has if not more. Lotthammer added that park buildings can be used for City programming and recreational activities in addition to private rentals. Nelson noted there would be a handful of nice buildings to rent in the City, near a lake, at a reasonable cost. Lotthammer said they want this building to be affordable and accessible for people. Nelson asked if people from outside Eden Prairie can rent the building and if Eden Prairie residents have priority. Lotthammer replied that residents have priority. Frieberg asked who created the renderings. Lotthammer replied that the landscape and architecture company ISG created the renderings. ISG will be used for the Miller Park Indoor Court Facility renderings as well. II. MILLER INDOOR COURT FACILITY UPDATE Lotthammer said the purpose is to look at building an indoor court facility at Miller Park where outdoor courts are located currently. Lotthammer showed a current photo of the outdoor tennis courts, basketball court and plaza area. Lotthammer explained challenges with soil quality on site and trying to plan maintenance since the site is at the end of its lifespan. Lotthammer said ample parking already exists which is favorable for an indoor facility with additional courts. Parking for the outdoor features of the park wouldn’t be affected by an indoor facility. Miller Park is ideal City Council Workshop Minutes October 4, 2022 Page 5 for an indoor court facility because infrastructure already exists. A project at a minimally developed site would cost much more. Lotthammer said two tennis courts, six pickleball courts, mechanical rooms, a lobby, restrooms and small locker room could fit on the site. Lotthammer reiterated the current site being at the end of its lifespan and a major overhaul needing to take place. Lotthammer explained an indoor facility lengthens the lifespan of a court surface given the Minnesota climate. Lotthammer said the facility will be accessible and affordable for people who want to play tennis or pickleball indoors, but do not have the income capability to join a private club. Nelson asked if there would be seating because part of the fun of the sport is watching. Lotthammer said there is a window lobby in the court facility, but the nature of the facility is for scheduled rentals. Nelson asked if a group could rent all six courts for a tournament and if so, seating would be needed. Lotthammer answered that there is a lounge feel to the space but in terms of pricing and value, unnecessary space would need to be cut. Lotthammer said niceties may need to be sacrificed in order to make the project fundable. Lotthammer explained that the EPCC is inundated with pickleball demand in the wintertime and having other indoor courts would allow the community center gym to be more of a community and family gym. Relieving pickleball pressure at the EPCC would be a benefit, and pickleball courts could be used for other activities. Residents have expressed indoor courts support lifelong health and wellness, especially for seniors who live here year-round. Lotthammer said that pickleball and tennis have continued to grow. Lotthammer explained that pickleball was in the news lately and Lifetime was looking to convert space into pickleball courts. Eden Prairie has incrementally added pickleball courts since 2012 and in being the first to have courts, people travel from elsewhere to play here. Surrounding cities then add courts and we can assess demand. Lotthammer explained that we don’t want to overbuild, but we know the demand for more is there. Lotthammer said that we don’t necessarily want to think of a tennis court as potential for 4 pickleball courts. The demand for tennis is there even if we don’t hear about it as much and there is a crossover between pickleball players and tennis players. Toomey said she thought pickleball was popular with an older demographic. Lotthammer said that pickleball is growing in the youth population and for those in their twenties and thirties. Lotthammer explained how seniors tend to play pickleball in the morning, courts are less busy in the afternoons. Some seniors come back to play in the evening, but courts are more utilized by younger adult players and families. Tennis players and pickleball players may play at diff erent times. Lotthammer explained how an indoor facility is a benefit to pickleball players because the sport is sensitive to wind and weather. An indoor facility also provides protection from the sun. Lotthammer visited the University of Minnesota facility and the more comparable City owned Williston facility in Minnetonka. Williston has five tennis courts, and they converted a basketball court into pickleball courts. Lotthammer said courts at Williston are utilized so demand isn’t of concern. City Council Workshop Minutes October 4, 2022 Page 6 Lotthammer said private pickleball courts are being rented at a rate of $40-$50 per hour. At Williston, tennis rentals exceed expenses by about $600,000 per year. Nelson asked if we would have similar types of rental fees. Lotthammer replied that the market supports those rates, but the $40 range is a little high. You can always have four people playing on a court at a time so the fee can be divided by four. Lotthammer said the cost estimate from the architect came in higher than anticipated. $4 million was budgeted for the indoor court facility and the estimate was at least double that. Multiple factors contributed to the high cost. Lotthammer said that the time wasn’t right to build the facility, but the project could be revisited in four to five months, taking aspects learned from the initial study to reduce cost. Lotthammer doesn’t want to sacrifice playability, but reasonable decisions will need to be made. Lotthammer said a construction management firm may be brought in to ensure accurate pricing. Frieberg asked the opinion of Lotthammer and Ellis on the concrete shortage. Ellis said the process to manufacture the cement is intensive and Lotthammer added low water levels last year made transportation difficult. Toomey asked about the cost associated with hiring a construction management firm. Lotthammer responded it would cost a few thousand dollars to have them as a consultant. Lotthammer indicated the confidence their insight would provide one way or the other would make it worthwhile. Lotthammer said the courts at Miller Park aren’t playable in their current condition, something will need to be done. Lotthammer presented the option to resurface courts which is cost effective but only a 3-year solution. Lotthammer presented a second option to convert one tennis court into four pickleball courts. The second option would provide good quality pickleball courts right away in the spring. Lotthammer said if another exercise is conducted and an indoor court facility at Miller Park is not a fundable project, the next most affordable recommendation would be to make Miller Park look like the Staring Lake courts. The outdoor option would include a tennis court, basketball court, and pickleball courts. Lotthammer said because it is a community park, he does not want it dominated by one user group. While this would not provide an indoor amenity, it would be an affordable option. Toomey asked how many tennis courts are at Staring Lake. Lotthammer responded Staring Lake has eight pickleball courts, one tennis court and one basketball court. Lotthammer said the Miller Park outdoor space could have six pickleball courts, one tennis court and one basketball court and likely a gathering space with shade structures. Lotthammer said he will be back to discuss both the Round Lake and Miller Park projects in the future. City Council Workshop Minutes October 4, 2022 Page 7 Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 4, 2022 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, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Acting Mayor Nelson called the meeting to order at 7:00 PM. Mayor Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM BLAKE BIDWELL EAGLE SCOUT PROJECT FOR BLEACHER COVERS AT EDEN LAKE PARK (Resolution No. 2022-104) Lotthammer explained Boy Scout Blake Bidwell recently completed his Eagle Scout project of installing shade structures over the dugouts at one of the Eden Lake baseball fields. As part of this project, Blake exceeded his fundraising goal of $13,000 to pay for the purchase of the shade structures and installation materials. As part of the project guidelines, any funds left over after the project is completed are to be donated to the beneficiary of the project. MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution No. 2022-104 accepting the donation in the amount of $113.03 for Park Maintenance. Motion carried 4-0. Nelson thanked Blake Bidwell for his donation. B. ACCEPT CONTRIBUTION FOR HARVEST TO HALLOWEEN FROM HUMANA (Resolution No. 2022-105) CITY COUNCIL MINUTES October 4, 2022 Page 2 Lotthammer explained each October the Parks and Recreation Department coordinates a fall themed city event. This year the Harvest to Halloween event will be held on Saturday, October 15 at Riley-Jacques Barn. This free event features a variety of family activities, with a free pumpkin decorating station among the most popular for youth of all ages. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2022-105 accepting the contribution in the amount of $500 for Harvest to Halloween from Humana for the purchase of pumpkins. Motion carried 4-0. Nelson thanked Humana for the donation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 20, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 2022 MOTION: Freiberg moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, September 20, 2022, and the City Council meeting held Tuesday, September 20, 2022, as published. Motion carried 4- 0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. SECOND READING OF ORDINANCE NO. 19-2022 TO AMEND CITY CODE CHAPTER 11 RELATING TO TEMPORARY SALES EVENTS AND ADOPT RESOLUTION NO. 2022-106 APPROVING SUMMARY ORDINANCE C. SECOND READING OF ORDINANCE NO. 20-2022 TO ADOPT A NEW SECTION IN CITY CODE, 5.78, RELATED TO SALT STORAGE AND ADOPT RESOLUTION NO. 2022-107 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2022-108 APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2022 GENERAL ELECTION CITY COUNCIL MINUTES October 4, 2022 Page 3 E. ADOPT RESOLUTION NO. 2022-109 CERTIFYING FALSE ALARM USER FEES TO COUNTY AUDITOR F. AMEND AGREEMENT WITH BOLTON & MENK FOR DUCK LAKE ROAD PROJECT G. AUTHORIZE CHANGE ORDER NO. 1 FOR NESBITT PRESERVE PARK SPLASH PAD PROJECT MOTION: Toomey moved, seconded by Narayanan, to approve Items A-G on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, and Toomey voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS XV. OTHER BUSINESS Getschow noted there will still be two meetings in November despite the election, one on November 1, 2022 and the other on November 15, 2022. The November 15, 2022 meeting will include a Canvassing Meeting to approve election results. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Acting Mayor Nelson adjourned the meeting at 7:10 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 18, 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 New On-Sale Wine with Strong Beer & 3.2 Beer License Licensee name: PMEP, LLC DBA: Pho Mai 12160 Technology Drive #101 Approval is contingent upon passing final inspections and receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: 10/18/2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION: Amendments to City Code Chapter 11 relating to the Sign Code ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to the Sign Code. • Adopt Resolution Approving Summary of Ordinance Synopsis This is the second reading of the ordinance amending City Code Chapter 11 relating to the Sign Code. The proposed code amendments include the creation of sign regulations for the TOD and Town Center zoning districts as well as amendments to existing regulations in the Office and RM-2.5 zoning districts. Incidental sign regulations reviewed by the City Council on September 6th are also instated in this amendment. Additional housekeeping items are intended to clarify portions of the code to provide for consistency in application and enforcement. Attachments 1. Ordinance Amending Section 11.70 2. Resolution Approving Summary of 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, SECTION 11.70, RELATING TO SIGNS; 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 11.70, Subdivision 3 is hereby amended by adding the following new definitions: Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, patio, or storefront. Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite. Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign with two visible sides that is situated adjacent to a business, typically on a sidewalk. Section 2. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection E is hereby amended by deleting the word “containing”. Section 3. City Code Chapter 11, Section 11.70, Subdivision 4, is hereby amended by adding the following new subsections: S. Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet. T. Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign. U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address- identification sign less than six (6) square feet will not count toward a building’s maximum square foot allowance for wall signs. Section 4. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended in the first line by deleting the phrase “, TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential uses”. Section 5. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, Item 1 is hereby deleted in its entirety and replaced with the following: 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage. Section 6. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended by adding the following new item: 4. Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts. Section 7. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended in the first line by deleting the words “, and TC-C; and TOD-R, TOD-MU and TC-MU if the project contains commercial uses”. Section 8. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended by adding the following new items: 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. Section 9. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, is hereby deleted in its entirety and replaced with the following: C. Office District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more frontages, one (1) free- standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. For façades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed 2,500 square feet. When the surface area exceeds 2,500 square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet. b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above. c. Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per façade does not exceed the maximum allowed in this item 2. 3. Temporary signs are only permitted as provided in Subdivision 4. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 10. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D, is hereby amended in the first line by deleting the phrase “; and TOD-E if the project includes industrial uses”. Section 11. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D is hereby amended by adding the following new items: 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. Section 12. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection F is hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 13. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection G is hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 14. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection H is hereby amended by adding the following new items: 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. Section 15. City Code Chapter 11, Section 11.70, Subdivision 5, is hereby amended by adding the following new subsection I: I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU. 1. Free-standing Signs. a. For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. d. Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer. e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet. f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. h. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet. c. In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage. In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign’s location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one or more signs larger than 50 square feet. Sign Location on Building Exterior Upper Story Maximum Sign Area 1st story 25 sq ft 2nd story 25 sq ft 3rd story 30 sq ft 4th story 40 sq ft 5th story or higher 50 sq ft d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right- of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 5. Temporary signs are permitted only as provided in Subdivision 4. 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure. 7. Incidental signs are permitted as provided in Subdivision 4. 8. Sandwich board signs are permitted as provided in Subdivision 4. Section 16. City Code Chapter 11 Section 11.70, Subdivision 7, Subsection B is hereby amended by deleting Item 5 in its entirety and replacing it with the following new Item 5: 5. Incidental signs. Section 17. City Code Chapter 11 Section 11.70, Subdivision 7, Subsection B is hereby amended by adding the following new Item 8: 8. Sandwich board signs. Section 18. 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 19. This ordinance shall become effective from and after its passage and publication. FIRST READ at regular meetings of the City Council of the City of Eden Prairie on the 6th and 20th days of September, 2022, and finally read, adopted, and ordered published at a regular meeting of the City Council of said City on the 18th day of October, 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 18th day of October, 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 and contains charts. 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 October 18th, 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, SECTION 11.70, RELATING TO SIGN REGULATIONS; 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 City Code Section 11.70 relating to signs by creating sign regulations for all Town Center (TC) and Transit Oriented Development (TOD) zoning districts, amending wall sign regulations in the RM-2.5 zoning district, amending sign regulations in the Office zoning district, instating incidental sign regulations, and otherwise revising and updating the regulations. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current on ____________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 18, 2022 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Contract with International Tank and Pipe Company for Supplying the Materials and for Construction Supervision of the Wooden Locomotive Water Tank at the Depot Water Storage Facility ITEM NO.: VIII.C. Requested Action Move to: Approve Contract with International Tank and Pipe in the amount of $92,065 for supplying the materials and supervising construction of the wooden tank at the depot water storage facility. Synopsis The attached standard contract is with the only wooden water tank company that staff and engineering consultant could find in the United States to design and prepare the wooden tank materials for the historic depot project. International Tank and Pipe Company will design the tank, provide engineering drawings, cut all the lumber, fabricate all structural hardware, ship the materials, and provide onsite supervision to assemble the tank. Materials are planned to arrive in May, 2023, at which time the tank will be constructed. Background Information The wooden water tank is the final component of the historically designed public works facility know as “the Depot.” The drinking water storage and pump station project for Eden Prairie Utilities was designed to architecturally resemble Eden Prairie’s Minneapolis and Saint Louis Railway station which used to be sited a short distance from the pump station. Funds for the tank were included in the CIP project bidding documents, and cost savings during construction of the entire facility will offset the material cost of the tank. The project general contractor, Rice Lake Construction, is providing the labor to erect the tank next spring. Attachment Attachment 1 – Contract Exhibit A, Scope of Work, Wooden Stave Water Tank, Eden Prairie Depot Exhibit A, Scope of Work, Wooden Stave Water Tank, Eden Prairie Depot 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the _18th_day of_October_, 20_22_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _International Tank & Pipe Co._, an Oregon _company_(hereinafter "Vendor") whose business address is_P.O. Box 590, Clackamas, OR 97015_. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for _supplying and transporting all the materials and providing a construction supervisor for assembling a wood stave tank and tower meeting the requirements prescribed in Exhibit A_ hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by _August 26, 2023_. 3. Compensation for Services. City agrees to pay the Vendor an amount not to exceed $_92,065_ 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, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated _Kent Huschka_to perform the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Exhibit A, Scope of Work, Wooden Stave Water Tank, Eden Prairie Depot Exhibit A, Scope of Work, Wooden Stave Water Tank, Eden Prairie Depot CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 18, 2022 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 22827 Award Contract Agreement for the Riverview Road Guardrail Replacement Project to New Look Contracting, Inc. ITEM NO.: VIII.D. Requested Action Move to: Award contract for Riverview Road Guardrail Replacement project to New Look Contracting, Inc. in the amount of $129,944.00. Synopsis A quote package was sent to four prospective bidders. Two quotes were received on October 11, 2022. A summary of the quotes received are listed below. New Look Contracting, Inc. $129,944.00 Sunram Construction, Inc. $150,769.00 City staff recommends awarding the contract to New Look Contracting, Inc. in the amount of $129,944.00. Background Information The existing cable guardrail system along the south side of Riverview Road had been damaged and needs to be replaced. A steel beam guardrail is proposed to enhance the safety of this section of Riverview Road. Construction would begin immediately and be completed this year. Project Cost Summary This project will be funded utilizing the Capital Maintenance & Reinvestment Fund. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 18th day of October 2022, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and New Look Contracting, Inc., a Minnesota corporation hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. #22827 Riverview Road Guardrail Replacement CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $129,944.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Accepted Proposal Form b. Construction Contract Agreement c. Contractor's Performance Bond d. Contractor's Payment Bond e. Responsible Contractor Verification Form (2) Detail Specifications (3) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders C-2 22827 Riverview Road Guardrail Replacement The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 22827 Riverview Road Guardrail Replacement IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 18, 2022 DEPARTMENT/DIVISION: Rick Wahlen Public Works / Utilities ITEM DESCRIPTION: Authorize The Director of Public Works to Apply For and Seek Reimbursement From the Metropolitan Council Environmental Services Municipal Infiltration/Inflow Grant Program IEM NO.: VIII.E. Requested Action Move to: Adopt the resolution authorizing the Director of Public Works and his staff to track expenses, apply for reimbursement and submit such other documentation as deemed necessary for grant completion and reimbursement of funds expended for qualifying municipal sanitary sewer inflow/infiltration (I/I) projects approved by the Metropolitan Council Environmental Services Municipal Infiltration/Inflow Grant program. Background Information The Metropolitan Council Environmental Services made grant money available to communities served by the Metropolitan wastewater collection and treatment system for the purpose of eliminating inflow of clear water through direct connections and infiltration of ground water through leaks in the public sanitary sewer system. This is the third Metropolitan Council I/I grant made available to municipalities, and will be the third time Eden Prairie has participated in the program. The available grant money for the period January 01, 2021 through December 31, 2022 will be disbursed in a fair-share apportion among approved grant applicants, calculated from each community’s actual expenses. Eden Prairie was approved by the Metropolitan Council as a qualifying participant, and will be reimbursed at a rate of 50% of its documented I/I costs up to the fair-share value calculated by MCES. Attachment • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND HIS STAFF TO TRACK EXPENSES, APPLY FOR REIMUBURSEMENT AND SUBMIT SUCH OTHER DOCUMENTATION AS DEEMED NECESSARY FOR REIMBURSEMENT OF INFLOW AND INFILTRATION MITIGATION EXPENSES THROUGH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION / INFLOW GRANT PROGRAM WHEREAS the Metropolitan Council Environmental Services made grant money available to qualifying cities within the Metropolitan Council service area for the purpose of reducing the amount of inflow and infiltration to the Metropolitan Council’s sanitary sewer interceptor and disposal system through qualifying improvement projects between January 1, 2021 and December 31, 2022; and WHEREAS, the City of Eden Prairie applied for grant money from the Metropolitan Council Environmental Services inflow and infiltration grant fund pursuant to the grant program guidance; and WHEREAS, the City’s formal application was accepted by the Metropolitan Council Environmental Services, thereby designating the City of Eden Prairie as a grant program participant; and WHEREAS, Eden Prairie’s preliminary minimal allocation of the grant fund is determined by the Metropolitan Council Environmental Services on a fair-share basis; and WHEREAS, participating cities must track qualifying inflow/infiltration project expenses throughout the grant period and submit for reimbursement from the Metropolitan Council Environmental Services at the conclusion of the grant period. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: That the Director of Public Works and his staff are authorized to apply for reimbursement of submitted expense reports and such other documentation as deemed necessary for grant completion and reimbursement of funds expended for qualifying municipal sanitary sewer inflow/infiltration projects approved by the Metropolitan Council Environmental Services Municipal Infiltration/Inflow Grant program. ADOPTED by the City Council of the City of Eden Prairie this 18th day of October, 2022. ________________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk 1 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 10/18/2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION: Wallace Industrial Façade Remodel ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 3 acres Synopsis The applicant is requesting approval of a façade remodel for 7975 Wallace Road. The applicant is proposing to remodel the front of the building on three (3) façades visible from Wallace Road to create an updated look for the building. The façade remodel is code compliant. Background City Code allows code compliant façade remodels to be reviewed and approved by the City Council without referral from the Planning Commission. This façade remodel is code compliant. Therefore, the Council holds a public hearing and considers approval of a Site Plan Review. Since the approval does not involve an ordinance requiring a second reading, staff has prepared a resolution approving the site plan for consideration by the City Council. The front portion of the building, circled in the image below, is the original building on the property and predates the incorporation of Eden Prairie as City. The back of the building, which is not visible from Wallace Road, was constructed as an addition in the early 1980s. COMPREHENSIVE PLAN AND ZONING The property is guided Industrial Flex Tech and zoned Industrial I-2. The building is owned and occupied by 360 Wall Systems, Inc. Hagen Automotive also occupies a portion of the building. There are no proposed changes to the use of the building. BUILDING MATERIAL The proposed façade remodel focuses on the original building, as this is the portion of the building visible from Wallace Road. There are no proposed changes to the back 2 portion of the building. The existing building materials includes rock face block and glass. The applicant is proposing to paint the rock face block on three (3) of the façades to create a more modern appearance. Painting the rock face block brings the building into compliance with exterior building standards in the Industrial zoning district by introducing color variations on the north and south façades. Existing Condition, view from Wallace Road Proposed Condition, view from Wallace Road The proposed façade remodel includes the addition of aluminum siding as accents above the windows. The siding is considered a Class II material and is limited to 25 percent of the façade by City Code. All three (3) façades that will be updated are code complaint, meeting the 75 Class I/25 Class II requirement and color variations. There are no other proposed site alterations as part of this work. Attachments 1. Resolution for Site Plan Approval 2. Aerial Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE FAÇADE REMODEL AT 7975 WALLACE ROAD BY 360 WALL SYSTEMS, INC. WHEREAS, 360 Wall Systems, Inc., has applied for Site Plan approval of 7975 Wallace Road to remodel the building façades of an existing industrial building; and WHEREAS, Section 11.03, Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the Site Plan approval of 7975 Wallace Road addresses the building façades consistent with Section 11.03, Subd. 6; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 18, 2022 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to remodel the façade of an existing industrial building, reviewed and approved by the City Council on October 18, 2022. ADOPTED by the City Council of the City of Eden Prairie this 18th day of October, 2022. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and all users are bound by the express written contract between Hennepin County and the City of Eden Prairie. Scale:1:5,537 ²0 260 520 ft Parcels CITY COUNCIL AGENDA SECTION: Public Hearing DATE: October 18, 2022 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Special Assessment Hearing for the Approval of the 2022 Special Assessments ITEM NO.: IX.B. Requested Action Move to: Close the public hearing for the approval of the 2022 Special Assessments and; Adopt the resolution approving all Special Assessments presented in the fall of 2022. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for the Fall 2022 assessment hearing at its regular meeting on September 20, 2022. See Exhibit A for the list of Projects and Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2022 is $102,765.07. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2022 until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2023. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is received by the City and paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 18, 2022 Ronald A. Case, Mayor ATTEST: SEAL Nicole Tingley, City Clerk EXHIBIT A Supplementals Trunk Sewer and Water Parcel PID # Years / % 2022 Amount Deferred Amount Schulman 35-116-22-21-0003 (ORIGINAL/PARENT PARCEL) 5 Years at 5.14% $22,590.41 0.00 Schulman 35-116-22-21-0128 (New Lot PID from Original) 5 Years at 5.14% $22,590.41 0.00 McDonald Construction Partners, LLC 25-116-22-32-0030 5 Years at 5.14% $19,063.67 0.00 Trunks and Connection Fee Grin 04-116-22-24-0054 5 Years at 5.14% $28,440.65 0.00 Tall Grass / Weed Contracted Removal Potter 04-116-22-22-0013 1 Year at 5.14% $234.00 0.00 Keenan 07-116-22-22-0043 1 Year at 5.14% $227.00 0.00 Huwaitat 08-116-22-21-0031 1 Year at 5.14% $234.00 0.00 Ali 09-116-22-31-0055 1 Year at 5.14% $227.00 0.00 Santhanam 10-116-22-14-0124 1 Year at 5.14% $234.00 0.00 Arnold 10-116-22-23-0080 1 Year at 5.14% $234.00 0.00 Restaurant Units Corp. 14-116-22-31-0031 1 Year at 5.14% $1,645.00 0.00 FPA/WC Parkway, LLC 15-116-22-34-0082 1 Year at 5.14% $715.00 0.00 Sarmah 18-116-22-42-0025 1 Year at 5.14% $227.00 0.00 Wang & Liang 20-116-22-22-0044 1 Year at 5.14% $234.00 0.00 Roy 22-116-22-21-0152 1 Year at 5.14% $234.00 0.00 Rechkin 25-116-22-11-0021 1 Year at 5.14% $234.00 0.00 Anasuri & Dasoju 26-116-22-22-0094 1 Year at 5.14% $234.00 0.00 Dennis 26-116-22-24-0057 1 Year at 5.14% $391.00 0.00 Mann 26-116-22-42-0007 1 Year at 5.14% $391.00 0.00 Sahar 35-116-22-13-0029 1 Year at 5.14% $227.00 0.00 Tree Contracted Removal Pro-T, LLC 12-116-22-11-0002 1 Year at 5.14% $395.00 0.00 Helle 12-116-22-14-0007 1 Year at 5.14% $1,525.00 0.00 Main Street School of Performing Arts ABC 12-116-22-24-0006 1 Year at 5.14% $665.00 0.00 Digi International Inc 12-116-22-42-0013 1 Year at 5.14% $795.00 0.00 Martinez Properties II, LLC 14-116-22-13-0036 1 Year at 5.14% $1,285.00 0.00 SCEPRE, LLC 14-116-22-13-0042 1 Year at 5.14% $895.00 0.00 5651 Investments, LLC 14-116-22-13-0043 1 Year at 5.14% $885.00 0.00 BW Bowling Properties LP 14-116-22-24-0021 1 Year at 5.14% $1,620.00 0.00 Restaurant Units Corp. 14-116-22-31-0031 1 Year at 5.14% $3,625.00 0.00 Baird 16-116-22-31-0011 1 Year at 5.14% $3,153.34 0.00 Colt Investments, LLC 20-116-22-33-0002 1 Year at 5.14% $3,250.00 0.00 Precision Contract Holdings 25-116-22-44-0125 1 Year at 5.14% $625.00 0.00 Tree Contracted Removal – 3 Year Term Ackerman 02-116-22-13-0056 3 Years at 5.14% $3,370.00 0.00 Tree Contracted Removal – 5 Year Term Grutzner 23-116-22-21-0010 5 Years at 3.34% $4,590.00 0.00 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 18, 2022 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: Trunk Sewer and Water 35-116-22-21-0003 25-116-22-32-0030 The total amount to be assessed is $41,654.08. Trunks and Connection Fee 04-116-22-24-0054 The total amount to be assessed is $28,440.65. Tall Grass & Weed Removal 04-116-22-22-0013 06-116-22-33-0084 07-116-22-22-0043 08-116-22-21-0031 09-116-22-31-0055 10-116-22-14-0124 10-116-22-23-0080 14-116-22-31-0031 15-116-22-34-0082 18-116-22-42-0025 20-116-22-22-0044 22-116-22-21-0152 25-116-22-11-0021 26-116-22-22-0094 26-116-22-24-0057 26-116-22-42-0007 35-116-22-13-0029 The total amount to be assessed is $6,156.00. Tree Removal 1 Year 12-116-22-11-0002 12-116-22-14-0007 12-116-22-24-0006 12-116-22-42-0013 14-116-22-13-0036 14-116-22-13-0042 14-116-22-13-0043 14-116-22-24-0021 14-116-22-31-0031 16-116-22-31-0011 20-116-22-33-0002 25-116-22-44-0125 The total amount to be assessed is $18,788.34. Tree Removal 3 Year 02-116-22-13-0056 The total amount to be assessed is $3,370.00. Tree Removal 5 Year 23-116-22-21-0010 The total amount to be assessed is $4,590.00. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Ashton Kogel, Engineering Project Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8316 By order of the City Council Published in the Sun Sailor on September 29, 2022 NOTIFICATION LIST 2022 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 35-116-22-21-0003 04-116-22-24-0054 04-116-22-22-0013 06-116-22-33-0084 07-116-22-22-0043 08-116-22-21-0031 09-116-22-31-0055 10-116-22-14-0124 10-116-22-23-0080 14-116-22-31-0031 15-116-22-34-0082 18-116-22-42-0025 20-116-22-22-0044 22-116-22-21-0152 25-116-22-11-0021 26-116-22-22-0094 26-116-22-24-0057 26-116-22-42-0007 35-116-22-13-0029 12-116-22-11-0002 12-116-22-14-0007 12-116-22-24-0006 12-116-22-42-0013 14-116-22-13-0036 14-116-22-13-0042 14-116-22-13-0043 14-116-22-24-0021 16-116-22-31-0011 20-116-22-33-0002 25-116-22-44-0125 02-116-22-13-0056 23-116-22-21-0010 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 18, 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 294857 - 295171 Wire Transfers 1031807 - 1031925 Wire Transfers 9039 – 9050 Purchasing Card 9039 City of Eden Prairie Council Check Summary 10/18/2022 Division Amount Division Amount 100 City Manager 5,848 304 Senior Board 106 101 Legislative 35,542 308 E-911 32,093 102 Legal Counsel -346 309 DWI Forfeiture 21 110 City Clerk 306 315 Economic Development 10,874 111 Customer Service 4,545 502 Park Development 171,943 112 Human Resources 336 509 CIP Fund 82,846 113 Communications 235 512 CIP Trails 128,985 114 Benefits & Training 824 522 Improvement Projects 2006 3,179 130 Assessing 1,756 539 2020 Improvement Projects 500 131 Finance 819 540 Duck Lake Rd. Reconstruction 600,468 132 Housing and Community Services 16 Total Capital Projects Fund 1,031,013 133 Planning 847 137 Economic Development 726 601 Prairie Village Liquor 76,855 138 Community Development Admin. 775 602 Den Road Liquor 169,465 151 Park Maintenance 42,232 603 Prairie View Liquor 81,664 153 Organized Athletics 954 605 Den Road Building 616 154 Community Center 10,271 701 Water Enterprise Fund 194,848 155 Beaches 86 702 Wastewater Enterprise Fund 11,151 156 Youth Programs 6,541 703 Stormwater Enterprise Fund 48,459 157 Special Events 1,068 Total Enterprise Fund 583,058 158 Senior Center 5,389 159 Recreation Administration 78 802 494 Commuter Services 11,034 162 Arts 3,373 807 Benefits Fund 575,432 163 Outdoor Center 1,334 812 Fleet Internal Service 86,529 168 Arts Center 2,063 813 IT Internal Service 55,864 180 Police Sworn 16,333 814 Facilities Capital ISF 243,274 184 Fire 57,494 815 Facilites Operating ISF 25,302 186 Inspections 140 816 Facilites City Center ISF 126,742 200 Engineering 1,972 817 Facilites Comm. Center ISF 37,725 201 Street Maintenance 12,012 Total Internal Svc/Agency Funds 1,161,902 202 Street Lighting 81,709 Total General Fund 295,280 Report Total 3,094,206 301 CDBG 15,082 303 Cemetary Operation 3,244 312 Recycle Rebate 4,626 Total Special Revenue Fund 22,952 City of Eden Prairie Council Check Register by GL 10/18/2022 Check # Amount Supplier / Explanation Account Description Business Unit Comments 294959 600,468 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Duck Lake Rd improvements 1031918 292,548 ODESA II LLC Other Contracted Services CIP Trails Nesbitt Park Spalsh Pad and Trails Proj. 9048 285,593 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.23.22 294986 207,391 SM HENTGES & SONS INC Other Contracted Services Facilities Capital Maint. Facility Pavement Rehab 9046 203,639 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.09.22 295110 100,792 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund Property Tax 2nd half - 8080 Mitchell Rd/8107 Eden Prairie Rd 1031857 78,225 XCEL ENERGY Electric Various Funds 294996 73,016 THE TENNIS COURT DOCTOR Other Contracted Services Capital Maint. & Reinvestment 9039 61,806 USB-PURCHASING CARD Various Various Funds 295113 49,765 HYDROCORP Improvement Contracts Water Capital 1031841 37,684 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails 295163 36,132 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian) IT Operating 295120 34,941 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council 294978 31,796 NORTH COUNTRY CHEVROLET Autos Fleet - Police 295114 31,791 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair & Maint E-911 Program 9050 30,153 EMPOWER Deferred Compensation Health and Benefits 295159 25,850 THUNDER BEAR PAINTING LLC Other Contracted Services Dunn Brothers 295023 23,556 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 294952 21,445 GRAYMONT Treatment Chemicals Water Treatment 294967 21,223 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 295109 21,043 GRAYMONT Treatment Chemicals Water Treatment 295068 20,825 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds 9049 20,664 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 295164 19,096 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 294983 17,375 PROFORMA Advertising Prairie View Liquor Store 294882 16,460 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 295106 15,525 F I R E Training Fire 295071 14,432 ACOUSTIBLOK INC Operating Supplies Capital Outlay Parks 295030 14,418 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9040 13,864 WEX HSA - Employee Health and Benefits 295151 13,831 STANTEC CONSULTING SERVICES INC Testing Stormwater Capital 295037 13,320 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 295096 12,626 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1031843 12,414 HORIZON COMMERCIAL POOL SUPPLY Capital Under $25,000 General Community Center 295166 11,415 WAYNES HOME SERVICES Janitor Service Park Shelters 294890 10,974 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 295082 10,874 BLOOMINGTON CARPET ONE Accounts Receivable TIF-Eden Shores Senior Housing 294883 10,279 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1031915 9,933 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - Pool Facilities Capital 1031924 9,782 XCEL ENERGY Electric Various Funds 9043 9,460 BPAS HRA Health and Benefits 295024 9,107 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 294957 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire 295025 8,980 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 295155 8,836 SYNTHETIC TURF SOLUTIONS INC Operating Supplies Capital Outlay Parks 295168 8,732 WINTER JULIE Other Contracted Services Rehab 1031836 8,674 CENTERPOINT ENERGY Gas Various Funds 1031838 8,325 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 294897 8,230 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1031842 8,140 HAWKINS INC Treatment Chemicals Water Treatment 295054 8,009 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 295061 7,889 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 294912 7,762 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1031846 7,665 METRO SALES INCORPORATED* Other Rentals Customer Service 294951 7,600 EQUITY BUILDERS COMPANY Other Contracted Services Facilities Capital 1031920 7,443 POMP'S TIRE SERVICE INC Tires Fleet Operating Check # Amount Supplier / Explanation Account Description Business Unit Comments 295017 7,058 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 295011 7,040 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 9044 6,790 BPAS HRA Health and Benefits 1031910 6,648 HAWKINS INC Treatment Chemicals Water Treatment 294893 6,553 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 294984 6,320 PROP Other Contracted Services CDBG - Public Service 294860 6,271 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 295046 6,108 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 295084 5,826 CATALYST GRAPHICS INC Printing Recycle Rebate 294866 5,801 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 294917 5,794 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1031834 5,702 VAN PAPER COMPANY Cleaning Supplies Various Funds 295116 5,191 JOHNSON CONTROLS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 295121 5,178 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 295035 5,147 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1031911 5,066 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 295131 4,928 NORTH AMERICAN RESCUE Operating Supplies Fire 1031855 4,815 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1031856 4,801 WM MUELLER AND SONS INC Asphalt Overlay Wasterwater Collection 295075 4,744 AQUA LOGIC INC Supplies - Pool Pool Maintenance 295103 4,705 EMBEDDED SYSTEMS INC Capital Under $25,000 Emergency Management 294938 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 295093 4,568 COMMERCIAL ASPHALT CO Patching Asphalt Stormwater Collection 295083 4,499 BOLTON & MENK INC Design & Engineering Water Capital 294998 4,240 WAYNES HOME SERVICES Contract Svcs - General Bldg Various Funds 294923 3,984 ACROSS THE STREET PRODUCTIONS Training Fire 295136 3,974 PLAN FORCE GROUP Reimburse-legal notices General Fund 294970 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 294909 3,766 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1031882 3,764 INTEREUM INC Supplies - General Bldg General Community Center 295058 3,738 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1031900 3,723 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital 295122 3,678 LUBE-TECH ESI Waste Disposal Fleet Operating 295006 3,623 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 295148 3,600 SHIRAZI ELHAM Conference/Prof. Dev. 494 Corridor Commission 294868 3,592 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 294907 3,590 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 295129 3,585 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 295048 3,578 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 295005 3,571 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 295004 3,553 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 294861 3,417 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1031899 3,256 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1031907 3,243 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 294862 3,233 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 294908 3,192 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 294894 3,001 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 294935 3,000 BRY-AIR INC Building Repair & Maint. Utility Operations - General 294963 3,000 LEARN FIRST AID & CPR Conference/Training Aquatics Admin. 1031852 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 1031876 2,980 FLEETPRIDE INC Equipment Parts Fleet Operating 295078 2,970 AUTO ELECTRIC OF BLOOMINGTON INC Equipment Parts Fleet Operating 1031873 2,957 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Emergency Management 294999 2,919 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 294914 2,829 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 295112 2,721 HOPE HAVEN INC Operating Supplies Snow & Ice Control 294880 2,705 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1031844 2,670 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 1031919 2,655 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 295086 2,482 CENTURYLINK Telephone City Center - CAM Check # Amount Supplier / Explanation Account Description Business Unit Comments 294974 2,480 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment 295047 2,436 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1031854 2,413 STREICHERS Clothing & Uniforms Police Sworn 294889 2,383 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 295171 2,191 MINNESOTA DEPARTMENT OF COMMERCE P&R Refunds Water Enterprise Fund 1031925 2,184 ZIEGLER INC Equipment Repair & Maint Fleet Operating 1031912 2,150 MENARDS Repair & Maint. Supplies Fleet Operating 294859 2,143 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1031808 2,134 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1031913 2,101 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM 1031829 2,058 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1031894 2,031 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Park Maintenance 294969 1,978 MEDICINE LAKE TOURS Special Event Fees Trips 295140 1,908 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Park Maintenance 294924 1,898 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 294956 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 294944 1,833 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment 1031902 1,802 CENTERPOINT ENERGY Gas Various Funds 294980 1,794 PERA Wages and Benefits 494 Corridor Commission 294933 1,745 AUDIO LOGIC SYSTEMS Other Contracted Services Capital Maint. & Reinvestment 1031835 1,725 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 1031901 1,686 BOYER TRUCKS Equipment Parts Fleet Operating 295079 1,646 AVR INC Asphalt Overlay Stormwater Collection 1031923 1,639 WM MUELLER AND SONS INC Operating Supplies Park Maintenance 294872 1,635 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 294915 1,632 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 294869 1,622 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1031916 1,552 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 294900 1,549 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1031906 1,535 ESS BROTHERS & SONS INC Repair & Maint. Supplies Stormwater Collection 9042 1,529 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 295135 1,525 PETERSON COUNSELING AND CONSULTING Health & Fitness Police Sworn 1031869 1,524 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 295104 1,500 EQUIPMENT COATING INC Equipment Repair & Maint Fleet Operating 295009 1,496 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 295074 1,439 APPLIANCE OUTLET CENTER Supplies - General Bldg Fire Station #4 295028 1,433 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 295016 1,346 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 295040 1,295 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 294905 1,274 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1031820 1,260 BRAUN INTERTEC CORPORATION Testing Capital Maint. & Reinvestment 1031922 1,259 STREICHERS Clothing & Uniforms Police Sworn 295042 1,249 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 294911 1,241 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 294864 1,239 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 294942 1,200 CLIMB THEATRE Other Contracted Services Safety Camp 1031813 1,181 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 295099 1,125 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 295105 1,104 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection 294899 1,055 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 295087 1,009 CENTURYLINK Telephone Various Funds 294975 980 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn 295127 975 MINNESOTA STATE FIRE CHIEFS ASSN Training Fire 295039 965 TRUE BRANDS Liquor Product Received Den Road Liquor Store 1031810 950 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 294965 935 MACDONALD & MACK ARCHITECTS LTD Other Contracted Services Facilities Capital 295156 919 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 295019 913 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 294976 900 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint. Fire Station #2 1031818 880 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 294895 877 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 295107 869 GERTENS Landscape Materials/Supp Park Maintenance 295026 847 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1031860 839 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1031908 836 GRAINGER Operating Supplies Facilities Staff 294910 834 DOMACE VINO Liquor Product Received Prairie View Liquor Store 294884 820 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1031864 804 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1031890 787 REXFORD ZACHARY Travel Expense Assessing 1031809 783 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 294971 783 METROPOLITAN COMPOUNDS INC Repair & Maint. Supplies Wasterwater Collection 1031812 782 VINOCOPIA Liquor Product Received Den Road Liquor Store 295102 772 EDEN PRAIRIE SCHEELS Clothing & Uniforms Engineering 295032 765 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1031892 757 ROTO-ROOTER Contract Svcs - Plumbing Ice Arena Maintenance 294885 750 DOMACE VINO Liquor Product Received Den Road Liquor Store 294887 748 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 9047 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 295147 735 SHADYWOOD TREE EXPERTS INC Other Contracted Services Park Maintenance 295167 735 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance 295070 730 ACME TOOLS Small Tools Street Maintenance 1031839 716 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 1031909 715 GRAYBAR Equipment Repair & Maint Street Lighting 295095 714 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 295051 707 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 295097 699 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Facilities Staff 294918 677 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 295013 675 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 295063 669 TRUE BRANDS Liquor Product Received Prairie View Liquor Store 1031871 666 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 295001 660 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1031866 646 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 295027 642 DOMACE VINO Liquor Product Received Den Road Liquor Store 1031861 642 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 294876 636 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 294939 628 CENTURYLINK Telephone Various Funds 1031896 617 VAN PAPER COMPANY Cleaning Supplies General Community Center 294962 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 295152 589 STAPLES ADVANTAGE Office Supplies Fire 295150 568 SOLUTION BUILDERS Computers 494 Corridor Commission 294892 564 MEGA BEER Liquor Product Received Den Road Liquor Store 294990 559 STAPLES ADVANTAGE Office Supplies Customer Service 294865 559 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 295018 551 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 295170 550 DENN TRICIA Other Contracted Services Fall Harvest 294934 545 AUTO ELECTRIC OF BLOOMINGTON INC Equipment Parts Fleet Operating 1031832 543 THE OASIS GROUP Employee Assistance Organizational Services 294913 541 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 294901 540 WINEBOW Liquor Product Received Den Road Liquor Store 1031883 537 KAPAUN, RYAN Tuition Reimbursement/School Police 295123 522 MHSRC/DDP Other Contracted Services Senior Center Programs 294979 519 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM 295072 519 AIRGAS USA LLC Supplies - Pool Pool Maintenance 295045 512 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 294953 509 HAAK LORI Operating Supplies Stormwater Non-Capital 294931 506 ASPEN MILLS Clothing & Uniforms Fire 294994 500 SWANSON & YOUNGDALE INC Improvement Contracts 2020 Improvement Projects 295067 500 3 STRINGS INC Other Contracted Services Staring Lake Concert 295015 498 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 295002 468 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 1031895 467 STAAF, CARTER Tuition Reimbursement/School Police Sworn 295162 463 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, Fees Utility Operations - General 294926 456 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1031868 456 VINOCOPIA Liquor Product Received Prairie View Liquor Store 295143 456 RIVERS EDGE CONCRETE Asphalt Overlay Stormwater Collection 295034 450 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1031815 450 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 295043 442 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 295157 438 TECH ACUMEN INCORPORATED Other Contracted Services IT Operating 1031845 428 MENARDS Operating Supplies Park Maintenance 294973 426 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 1031875 425 FASTENAL COMPANY Safety Supplies Fleet Operating 294981 412 PEREZ LESLIE Travel Expense Police Sworn 1031863 412 VINOCOPIA Liquor Product Received Den Road Liquor Store 294881 402 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 294906 402 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 295142 383 RIEDELL SHOES Capital Under $25,000 Ice Lessons 295158 378 THE ADVENT GROUP Temp 494 Corridor Commission 295007 376 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 294891 371 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1031822 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 295033 369 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 294987 367 SMART CARE EQUIPMENT SOLUTIONS Equipment Repair & Maint Concessions 294941 367 CINTAS CORPORATION Safety Supplies Community Center Admin 295044 357 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 294871 354 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 294870 350 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 294916 350 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 294995 350 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 295169 350 DENN TRICIA Other Contracted Services Fall Harvest 294874 347 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 294992 343 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 295022 341 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 295064 337 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 294879 329 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 294958 328 JET BLACK Other Contracted Services Street Maintenance 295094 320 COMPAS Other Contracted Services Staring Lake Concert 294875 319 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 294898 316 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1031837 312 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 294989 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 294921 306 WINEBOW Liquor Product Received Prairie View Liquor Store 294954 305 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Historical Buildings 294857 304 US POSTMASTER - HOPKINS Postage Senior Center Admin 295115 303 JAAVAID ANGELA Miscellaneous Arts Center 295119 301 LARKSTUR ENGINEERING & SUPPLY INC Repair & Maint. Supplies Water Treatment 295060 293 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1031849 288 MULCAHY COMPANY INC Repair & Maint. Supplies Water Treatment 295049 287 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 294955 287 INDIGO SIGNWORKS, INC. Operating Supplies Pool Operations 1031817 286 VINOCOPIA Liquor Product Received Prairie View Liquor Store 295012 286 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 295108 285 GIRARD'S BUSINESS SOLUTIONS INC Other Contracted Services Wastewater Accounting 294997 275 US POSTMASTER - HOPKINS Postage Customer Service 295031 274 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 294877 274 WINEBOW Liquor Product Received Prairie Village Liquor Store 294920 267 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 294878 265 56 BREWING LLC Liquor Product Received Den Road Liquor Store 294966 264 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1031811 261 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 294863 259 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 294902 251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 294929 251 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1031821 249 EICHMAN NATHAN Motor Fuels Police Sworn 9045 245 OPTUM HEALTH Other Contracted Services Health and Benefits 1031897 245 VIK, LISA Mileage & Parking Police Sworn 294919 238 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 295134 231 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 295077 228 ASPEN MILLS Clothing & Uniforms Fire 294927 224 AMERICAN TRADE MARK Operating Supplies Fire 294991 223 STRAIN SARAH Mileage & Parking Planning 294945 219 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1031889 219 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 295000 215 XTREME INTEGRATION Other Contracted Services Capital Maint. & Reinvestment 295145 214 SCHNEIDER BENJAMIN Mileage & Parking Planning 1031886 210 METROPOLITAN FORD Equipment Parts Fleet Operating 1031851 208 SPRINT Cell Phones 494 Corridor Commission 1031921 208 SPRINT Cell Phones 494 Corridor Commission 295137 201 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint. Den Bldg. - CAM 294985 200 PROP - PR Charitable Contributions Health and Benefits 295057 199 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 295117 195 JOHNSON FITNESS & WELLNESS Health & Fitness Fire 294925 190 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 295056 188 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 295092 188 COMCAST Phone/Data/Web 494 Corridor Commission 295066 185 3 RIVERS SIGN LLC Sign Permits General Fund 1031898 173 WILSON, TAMMY Mileage & Parking Finance 294873 171 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1031914 170 METRO SALES INCORPORATED* Equipment Rentals IT Operating 295076 165 ARAMARK Janitor Service Den Road Liquor Store 294960 163 LANO EQUIPMENT INC Equipment Parts Fleet Operating 295073 160 ALSDURF LORI Clothing & Uniforms Theatre Initiative 294858 159 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 295036 156 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 294928 154 ARAMARK Janitor Service Prairie View Liquor Store 295146 152 SEJKORA PATRICK Mileage & Parking Stormwater Non-Capital 294886 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 295050 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store 294937 150 CARLSON MICHAEL P Other Contracted Services Staring Lake Concert 294940 150 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 1031850 150 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 1031903 150 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 295008 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 295062 146 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 294932 141 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1031830 141 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 295053 140 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 295081 139 BLACK & DECKER, U S INC Repair & Maint. Supplies Park Maintenance 1031879 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 295055 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1031816 136 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 294922 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 295059 130 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 294888 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 1031870 123 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1031862 121 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 295126 120 MINNESOTA SECRETARY OF STATE - NOTARY Licenses, Taxes, Fees Police Sworn 295130 120 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 1031865 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 294867 118 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments 295125 116 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 295132 116 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1031867 112 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1031827 110 MPX GROUP, THE Printing Police Sworn 1031858 109 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 295149 109 SHRED RIGHT Waste Disposal Fire Station #1 1031819 107 AMERICAN SOLUTIONS FOR BUSINESS Office Supplies Concessions 1031859 107 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 294903 106 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 294896 102 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 1031878 102 GOLDENSTEIN, JAMES Conference/Training IT Operating 295124 100 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing 295138 100 PROP - PR Charitable Contributions Health and Benefits 295089 98 CINTAS Operating Supplies Park Maintenance 295010 97 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 295038 97 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1031884 97 KILLMER RYAN Conference/Training IT Operating 1031807 96 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1031824 94 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 1031833 94 THOMPSON JONATHAN Mileage & Parking Assessing 295090 93 COMCAST Internet IT Operating 294988 92 SPEEDPRO IMAGING INC Operating Supplies Police Sworn 1031814 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 295041 90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1031881 90 HESSEL, ZACK Clothing & Uniforms Police Sworn 1031823 88 HACH COMPANY Laboratory Chemicals Water Treatment 295029 88 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 295052 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 295080 87 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 294930 84 ASFELD JAY Other Contracted Services Staring Lake Concert 1031828 83 OLSON, ROBERT Mileage & Parking Police Sworn 295003 82 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 295088 75 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 9041 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 294972 67 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1031877 66 GLYNN JULIETTE Travel Expense Police Sworn 294904 65 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 1031825 64 LINDAHL, DAVID Mileage & Parking Economic Development 1031887 64 NESSLER STEVEN Motor Fuels Fleet Operating 1031891 63 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1031872 61 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 1031831 60 SCHROM JES Miscellaneous Senior Board 295014 54 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031848 51 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 294968 50 MASS/MRPA Conference/Training Senior Center Admin 1031904 50 DAIKIN APPLIED Contract Svcs - HVAC City Hall (City Cost) 1031905 48 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 295091 47 COMCAST Cable TV Fire 1031880 47 HACH COMPANY Laboratory Chemicals Water Treatment 1031847 42 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 295139 41 RAMIREZ STEVEN Clothing & Uniforms Theatre Initiative 1031840 39 GRAINGER Supplies - Fire/Life/Safety Maintenance Facility 295144 39 SCHEE, DEBORAH Clothing & Uniforms Theatre Initiative 1031888 36 OLSEN CHAIN & CABLE Equipment Parts Fleet Operating 295128 35 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 294993 35 SUNDBERG AMERICA Supplies - Plumbing City Hall (City Cost) 295118 35 KING GINA Lessons & Classes Community Center Admin 295153 35 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 1031893 31 SCHROM JES Operating Supplies Arts Center 294946 30 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Human Resources Check # Amount Supplier / Explanation Account Description Business Unit Comments 295141 30 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Police Sworn 1031885 29 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 295165 29 VOGT ANNA Mileage & Parking Round Lake Beach 295161 26 TWETEN DEREK Improvement Contracts Stormwater Capital 1031874 24 EICHMAN NATHAN Clothing & Uniforms Police Sworn 294964 24 LEIFERMAN HAROLD & LILA P&R Refunds Community Center Admin 294943 23 COMCAST Other Contracted Services Police Sworn 294982 20 PETERSON, MARJORIE P&R Refunds Community Center Admin 295111 20 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Police Sworn 295160 20 TVRDIK SHARI P&R Refunds Community Center Admin 1031853 17 STERICYCLE INC Other Contracted Services Police Sworn 294950 16 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 294977 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 294948 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 294949 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 295101 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 295154 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 295133 14 ONEILL PATRICIA P&R Refunds Community Center Admin 295069 13 ACE SUPPLY COMPANY INC Supplies - HVAC Police (City Cost) 1031917 12 MULCAHY COMPANY INC Supplies - HVAC City Center - CAM 1031826 12 METROPOLITAN FORD Equipment Parts Fleet Operating 295085 9 CAYO SOPHIE Mileage & Parking Round Lake Beach 294961 7 LAW MARY P&R Refunds Community Center Admin 294947 4 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 294936 3 BUSBY TIMOTHY P&R Refunds Community Center Admin 295100 2 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 3,094,206 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/18/2022 Amount Account Description Business Unit 4,647 Building Surcharge General Fund 3,700 Other Contracted Services Wine Club/Events 3,014 Software/Hardware Maint. IT Operating 2,899 Software/Hardware Maint. IT Operating 1,820 Health & Fitness Fire 1,649 Fire Prevention Supplies Fire 1,506 Protective Clothing Fire 1,271 Protective Clothing Fire 1,259 Miscellaneous Internal Events 1,232 Conference/Training Fleet Operating 1,090 Equipment Parts Fleet Operating 1,026 Repair & Maint. Supplies Water Treatment 995 Conference/Training IT Operating 981 Special Event Fees Senior Center Programs 953 Travel Expense Utility Operations - General 911 Fire Prevention Supplies Fire 897 Operating Supplies Fire 897 Bank and Service Charges Prairie View Liquor Store 870 Travel Expense Utility Operations - General 738 Operating Supplies Outdoor Center 675 Conference/Training Tree Disease 662 Conference/Training Economic Development 657 Training Supplies Police Sworn 650 Small Tools Fleet Operating 646 Protective Clothing Fire 644 Operating Supplies Fire 638 Protective Clothing Fire 630 Repair & Maint. Supplies Park Maintenance 612 Tuition Reimbursement/School Police Sworn 601 Miscellaneous City Council 600 Other Contracted Services Halloween Party 598 Tuition Reimbursement/School Police Sworn 598 Tuition Reimbursement/School Police Sworn 590 Conference/Training Facilities Staff 571 Printing Arts Center 550 Tuition Reimbursement/School Police Sworn 546 Dues & Subscriptions Facilities Staff 545 Conference/Training IT Operating 525 Training Fire 510 Office Supplies Police Sworn 499 Dues & Subscriptions Internal Events 493 Conference/Training IT Operating 474 Conference/Training Facilities Staff 474 Conference/Training Facilities Staff Amount Account Description Business Unit 447 Travel Expense Utility Operations - General 433 Operating Supplies Ice Operations 430 Operating Supplies Fire 429 Clothing & Uniforms Special Events Admin 420 Licenses, Taxes, Fees Utility Operations - General 411 Conference/Training Planning 408 Equipment Repair & Maint Pool Operations 388 Conference/Training Assessing 388 Conference/Training Assessing 375 Conference/Training Senior Center Admin 356 Merchandise for Resale Concessions 350 Tuition Reimbursement/School Police Sworn 334 Small Tools Fleet Operating 325 Operating Supplies Fire 325 Conference/Training Fitness Admin. 324 Operating Supplies Fire 324 Conference/Training Fitness Admin. 324 Merchandise for Resale Concessions 320 Conference/Training Utility Operations - General 300 Other Contracted Services Liquor Store Delivery 279 Conference/Training Senior Center Admin 275 Dues & Subscriptions Human Resources 250 Tuition Reimbursement/School Police Sworn 245 Conference/Training Community Center Admin 230 Conference/Training Finance 230 Conference/Training Finance 225 Dues & Subscriptions City Clerk 218 Operating Supplies Volunteers 215 Special Event Fees Senior Center Programs 209 Clothing & Uniforms Police Sworn 202 Software/Hardware Maint. IT Operating 202 Operating Supplies Fire 200 Conference/Training Pool Operations 200 Conference/Training Youth Programs Admin 199 Dues & Subscriptions Communications 198 Licenses, Taxes, Fees Concessions 195 Operating Supplies Fire 191 Training Supplies Police Sworn 187 Deposits General Fund 185 Operating Supplies Pool Operations 182 Repair & Maint. Supplies Hidden Ponds Park 180 Operating Supplies Pool Operations 177 Operating Supplies Outdoor Center 175 Operating Supplies IT Operating 175 Licenses, Taxes, Fees Senior Center Admin 169 Operating Supplies Senior Center Programs 169 Small Tools Park Maintenance 166 Operating Supplies Fitness Admin. Amount Account Description Business Unit 165 Training Fire 164 Operating Supplies Tree Disease 160 Conference/Training Pool Operations 160 Special Event Fees Trips 156 Clothing & Uniforms Summer Theatre 150 Computers IT Operating 140 Tuition Reimbursement/School Fitness Classes 140 Conference/Training Inspections-Administration 138 Office Supplies Police Sworn 135 Conference/Training Finance 132 Office Supplies Police Sworn 128 Operating Supplies Arts Center 125 Safety Supplies Fleet Operating 125 Tuition Reimbursement/School Police Sworn 123 Conference/Training Pool Operations 121 Operating Supplies Concessions 110 Training Fire 108 Conference/Training Senior Center Admin 108 Tires Fleet Operating 103 Training Supplies Fire 100 Dues & Subscriptions Fire 100 Licenses, Taxes, Fees Fitness Classes 100 Advertising Arts in the Park 97 Postage Fire 94 Operating Supplies IT Operating 93 Clothing & Uniforms Summer Theatre 90 Dues & Subscriptions Police Sworn 90 Software/Hardware Maint. Fire 90 Operating Supplies Police Sworn 89 Dues & Subscriptions City Clerk 86 Operating Supplies Winter Theatre 84 Conference/Training Fire 81 Office Supplies Special Events Admin 80 Office Supplies Police Sworn 79 Operating Supplies Arts Center 78 Operating Supplies Outdoor Center 76 Operating Supplies Outdoor Center 75 Operating Supplies Police Sworn 75 Tuition Reimbursement/School Police Sworn 74 Operating Supplies Arts Center 70 Repair & Maint. Supplies Stormwater Collection 69 Training Supplies Police Sworn 69 Dues & Subscriptions Athletic Programs Admin 69 Operating Supplies Arts Center 68 Operating Supplies Outdoor Center 66 Operating Supplies Day Care 65 Operating Supplies Arts Center 64 Operating Supplies Community Development Admin. Amount Account Description Business Unit 63 Operating Supplies IT Operating 62 Operating Supplies Fire 62 Dues & Subscriptions Community Development Admin. 61 Operating Supplies Arts Center 61 Operating Supplies Pleasant Hill Cemetery 59 Operating Supplies Arts Center 58 Repair & Maint. Supplies Park Maintenance 57 Operating Supplies Outdoor Center 57 Operating Supplies Street Maintenance 56 Training Fire 55 Software/Hardware Maint. IT Operating 53 Operating Supplies Pool Operations 53 Operating Supplies Pool Operations 52 Operating Supplies Community Center Admin 52 Special Event Fees Senior Center Programs 51 Operating Supplies Finance 51 Office Supplies Police Sworn 50 Operating Supplies Arts Center 50 Advertising Arts Center 50 Dues & Subscriptions Fire 50 Tuition Reimbursement/School Police Sworn 50 Operating Supplies Pool Operations 50 Operating Supplies Community Center Admin 50 Repair & Maint. Supplies City Hall (City Cost) 48 Conference/Training Community Development Admin. 48 Operating Supplies Round Lake Beach 47 Conference/Training Fleet Operating 46 Repair & Maint. Supplies Water Supply (Wells) 46 Merchandise for Resale Senior Board 45 Deposits General Fund 43 Deposits General Fund 43 Operating Supplies Arts Center 42 Office Supplies Police Sworn 41 Conference/Training Fleet Operating 41 Operating Supplies IT Operating 41 Conference/Training Fleet Operating 41 Operating Supplies Arts Center 40 Conference/Training Aquatics Admin. 39 Operating Supplies Volleyball 39 Operating Supplies Police Sworn 38 Operating Supplies Volleyball 38 Operating Supplies Arts Center 37 Computers Fire 36 Operating Supplies IT Operating 34 Operating Supplies Arts Center 33 Operating Supplies Day Care 33 Operating Supplies Community Center Admin 33 Operating Supplies Fire Amount Account Description Business Unit 33 Employee Award Organizational Services 33 Operating Supplies Police Sworn 32 Operating Supplies Community Center Admin 31 Advertising Arts in the Park 31 Operating Supplies Fire 31 Operating Supplies Arts Center 31 Operating Supplies Youth Programs Admin 30 Operating Supplies Arts Center 30 Operating Supplies Police Sworn 29 Operating Supplies Arts Center 29 Operating Supplies Day Camp 28 Office Supplies Police Sworn 27 Operating Supplies Theatre Initiative 26 Operating Supplies Youth Programs Admin 25 Repair & Maint. Supplies City Hall (City Cost) 25 Operating Supplies Arts Center 24 Operating Supplies Community Center Admin 24 Conference/Training Pool Operations 24 Operating Supplies Arts Center 23 Operating Supplies Arts Center 23 Operating Supplies Concessions 22 Operating Supplies Arts Center 22 Licenses, Taxes, Fees Theatre Initiative 22 Office Supplies Police Sworn 21 Video & Photo Supplies Communications 21 Video & Photo Supplies Communications 21 Licenses, Taxes, Fees Fleet Operating 20 Dues & Subscriptions Human Resources 20 Software/Hardware Maint. IT Operating 19 Operating Supplies Day Camp 19 Operating Supplies Arts Center 19 Operating Supplies Arts Center 19 Operating Supplies Day Care 18 Operating Supplies Arts Center 18 Merchandise for Resale Concessions 18 Operating Supplies Arts Center 17 Operating Supplies Theatre Initiative 17 Dues & Subscriptions Police Sworn 17 Operating Supplies Arts Center 16 Operating Supplies Day Care 16 Dues & Subscriptions Housing and Community Service 16 Other Contracted Services Organizational Services 16 Operating Supplies Arts Center 16 Operating Supplies Arts Center 16 Operating Supplies IT Operating 15 Dues & Subscriptions Communications 15 Training Supplies Police Sworn 14 Operating Supplies Winter Theatre Amount Account Description Business Unit 14 Operating Supplies Volunteers 14 Operating Supplies Arts Center 14 Operating Supplies Outreach 14 Postage Utility Operations - General 13 Miscellaneous Internal Events 12 Operating Supplies Park Maintenance 11 Training Supplies Fire 11 Operating Supplies Arts Center 11 Operating Supplies Community Center Admin 11 Repair & Maint. Supplies Park Maintenance 11 Office Supplies Police Sworn 11 Repair & Maint. Supplies Water Treatment 10 Merchandise for Resale Concessions 10 Conference/Training Human Resources 10 Deposits General Fund 10 Operating Supplies Day Camp 10 Operating Supplies Outdoor Center 10 Operating Supplies Arts Center 9 Operating Supplies Specialty Fitness Programs 9 Operating Supplies Theatre Initiative 9 Operating Supplies Outreach 9 Operating Supplies Arts Center 8 Conference/Training Fleet Operating 8 Operating Supplies Arts Center 8 Operating Supplies Prairie View Liquor Store 8 Operating Supplies Outdoor Center 7 Operating Supplies Arts Center 6 Operating Supplies Arts in the Park 6 Office Supplies Police Sworn 5 Clothing & Uniforms Theatre Initiative 4 Equipment Repair & Maint Senior Center Programs 4 Operating Supplies Arts Center 4 Operating Supplies Concessions 3 Operating Supplies Arts Center 3 Bank and Service Charges Customer Service 2 Dues & Subscriptions Police Sworn 1 Dues & Subscriptions Human Resources -2 Operating Supplies Outdoor Center -4 Operating Supplies Arts Center -16 Operating Supplies Fitness Admin. -16 Software Fleet Operating -16 Operating Supplies Day Care -19 Employee Award Organizational Services -21 Video & Photo Supplies Communications -35 Repair & Maint. Supplies Park Maintenance -75 Tuition Reimbursement/School Police Sworn -75 Tuition Reimbursement/School Police Sworn -115 Fire Prevention Supplies Fire Amount Account Description Business Unit -174 Operating Supplies Tennis -180 Clothing & Uniforms Police Sworn -5,572 Other Revenue General Fund 61,806 Report Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: October 18, 2022 DEPARTMENT/DIVISION: Maggie Neuville City Attorney ITEM DESCRIPTION: First Reading of an Ordinance Repealing City Code Section 2.33 relating to Criminal History Background Checks. ITEM NO.: XI.A. Requested Action Move to: Approve first reading of an Ordinance repealing Section 2.33 of the Eden Prairie City Code relating to criminal history information. Synopsis Prior to 2013, a city could only access criminal-history data from the Bureau of Criminal Apprehension (BCA) to conduct background checks for employment or licensing purposes if it enacted a local ordinance authorizing such background checks. Consistent with this requirement, in 2004, the City Council adopted City Code Section 2.33 to provide such authorization. In 2013, the legislature adopted Minnesota Statutes Section 299C.72, which provided statutory authorization for law enforcement agencies, including city police departments, to conduct background history checks on applicants for employment and licensure. City Code Section 2.33 is therefore no longer needed, and the BCA advised that cities should no longer use local ordinances as authority for conducting background checks. This issue was identified in 2013 shortly after the law was passed. Due to some confusion regarding BCA interpretation of the new law, however, staff decided to wait to repeal Section 2.33 until the matter was clarified. It appears that the issue was then overlooked. While preparing recent amendments to Chapter 5, the matter came to my attention. Staff reached out to the BCA, which confirmed that the City should be conducting background checks under the authority granted in Minn. Stat. § 299C.72, and not a local ordinance. I therefore recommend that the Council repeal Section 2.33 at this time and replace other references to Section 2.33 in Chapter 5 with references to Minn. Stat. § 299C.72. Because the Police Department has been conducting background checks without incident since 2013, this is a housekeeping matter to ensure that the department is operating in accordance with state law and BCA policies. The proposed ordinance includes these changes. The details currently located in City Code Section 2.33 relating to procedures and regulations for criminal history background checks will be included in Police Department policies and procedures. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY REPEALING SECTION 2.33 RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS, AMENDING PROVISIONS OF CITY CODE CHAPTER 5 TO DELETE REFERENCE TO SECTION 2.33; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.33 is hereby repealed in its entirety. Section 2. City Code Section 5.36, Subdivision 5, Subsection C is amended by deleting “City Code Section 2.33” and replacing it with “Minn. Stat. § 299C.72”. Section 3. City Code Section 5.37, Subdivision 6, Subsection D is amended by deleting “City Code Section 2.33” and replacing it with “Minn. Stat. § 299C.72”. Section 4. City Code Section 5.46, Subdivision 6, Subsection G is amended by deleting “City Code Section 2.33” and replacing it with “Minn. Stat. § 299C.72”. Section 5. City Code Section 5.71, Subdivision 5, Subsection C is amended by deleting “City Code Section 2.33” and replacing it with “Minn. Stat. § 299C.72”. Section 6. City Code Section 5.77, Subdivision 6, Subsection G is amended by deleting “City Code Section 2.33” and replacing it with “Minn. Stat. § 299C.72”. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance will 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 18th day of October, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of __________, 2022. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on____________________________. CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: October 18, 2022 DEPARTMENT / DIVISION: Chief Matt Sackett Police Department ITEM DESCRIPTION: First Reading of an Ordinance Amending City Code Chapter 5, Section 5.35 Relating to Tobacco ITEM NO.: XI.B. Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5, Section 5.35 relating to tobacco Synopsis Eden Prairie City Code Section 5.35 regulates the sale of tobacco in the City. Tobacco retailers are required to obtain a license from the City and comply with various state and local requirements. The Minnesota legislature adopted certain amendments to the state’s tobacco-related laws in 2020, and the proposed ordinance incorporates these amendments into Section 5.35. These changes include: • Revising the definitions of “electronic delivery device” and “tobacco-related products” • Adding a definition for “tobacco-products shop” • Amending administrative penalty amounts for selling tobacco-related products to persons under the age of 21 ($300 first violation, $600 second violation, $1000 third violation) • Updating penalties for persons under 21 who purchase or attempt to purchase tobacco products with a false identification. Rather than a criminal citation, violators will now be subject only to alternative civil penalties, which may include tobacco-free education programs, community service, or diversion programs. The police department will develop policies and procedures on these alternative penalties. Other substantive changes being proposed include prohibiting anyone under the of 21 from selling tobacco-related products at a tobacco store, since the new definition of tobacco-products shop prohibits anyone under 21 from entering the shop. At other retail locations, a person must be at least 18 to sell tobacco-related products. The proposed ordinance also requires licensees to permit the City to perform inspections and compliance checks at any time. Further, consistent with the City’s recently adopted ordinance regulating the sale of edible THC products, Section 5.35 now provides that if a tobacco licensee also holds an edible THC products license, a violation of the THC license will also be deemed a violation of the tobacco license. The proposed ordinance also makes several other organizational and formatting changes to Section 5.35, which are intended to make the section consistent with other Chapter 5 licensing provisions and provide for ease of administration and implementation. As required by state law, notice of the proposed ordinance was mailed to existing licensees on September 15, 2022. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _______-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.35 RELATING TO TOBACCO; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That City Code Chapter 5, Section 5.35, is amended by deleting the section in its entirety and replacing it with the following SECTION 5.35. - TOBACCO Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease, and various other medical disorders, and that initiation of the use of tobacco-related products occurs primarily in adolescence. The City desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air. The City Council further concludes that the prohibition of the sale of tobacco-related products by persons under twenty-one (21) years of age will promote the health, safety, and welfare of the residents of the City. Subd. 2. Definitions. When used in this section, the following terms have the following meanings: Child-resistant packaging is defined as set forth in Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on January 1, 2015, when tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Movable place of business means a business whose physical location is not permanent or is capable of being moved or changed, including, but not limited to, any business that is operated from a kiosk, other transportable structure or shelter, or a motorized or nonmotorized vehicle. Nicotine or lobelia delivery product means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this subdivision. Self-service merchandising means open displays of tobacco-related products in any manner where any person has access to the tobacco products without the assistance or intervention of the licensee or licensee’s employee. Tobacco-related products means tobacco, tobacco-related devices, electronic delivery devices, and nicotine or lobelia delivery products as defined in this subdivision. Tobacco-related products do not include any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco-related devices means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. Tobacco products shop means a retail establishment that has an entrance door opening directly to the outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco-related devices, electronic delivery devices, edible THC products as defined in Section 5.79, and products containing nonintoxicating cannabinoids extracted from hemp and in which the sale of other products is merely incidental. Tobacco products shop does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. Vending machine means any mechanical, electric, or electronic, self-service device which, upon inserting money, tokens, or any other form of payment, dispenses tobacco products and including vending machines equipped with manual, electric or electronic locking devices. Subd. 3. License Required. No person may keep for retail sale, sell at retail, or otherwise dispose of any tobacco-related product at any place in the City without first obtaining a license from the City. Subd. 4. Exceptions. Reserved. Subd. 5. Ineligibility. No license will be issued under this section to: A. A movable place of business; B. A person under twenty-one (21) years of age; C. A person who has knowingly misrepresented or falsified information on the license application; D. A person who has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation governing the sale, distribution, or possession for sale or distribution of tobacco-related products; E. A person who has had an interest in, or has persons investing in, the business, building, premises, fixtures, furniture, or equipment of the proposed licensee that had an interest in, as an individual or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, a tobacco-related products license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; F. A person who is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license; or G. A person who does not have, or at the time of the issuance of a license does not plan to have, at least one permanent physical premises in the City on which the licensed business will be located. Subd. 6. License Applications. A. Application. All applications for licenses issued under this Section must be made on forms supplied by the City. All questions asked or information required by the application forms must be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission on any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license must pay a fee to the City which will be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. Upon approval of an application, whether initial or renewal, the license will not be effective until a separate license fee is paid. All license, application, and investigation fees provided for in this Section will be fixed and determined by the Council. Such fees may, from time to time, be amended by the Council. D. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application must include the name of the natural person who will serve as the manager or agent of the licensed premises. Such manager or agent must, by the terms of their written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. A licensee must notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. E. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to Minn. Stat. § 299C.72 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. F. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection E above, an initial application for a license under this Section will be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council’s approval of an application and the applicant’s payment of the license fee, the Licensing Technician will issue and mail a license to the applicant at the address noted in the application. 2. Denial. The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of an application will be communicated to the applicant in writing, including findings supporting the decision. The notice of denial will be mailed by regular mail to the applicant at the address listed on the application. G. Term of License. Licenses issued under this Section will expire on December 31 of each year. H. Renewal of License. Applications for renewal of all licenses issued under this Section must be made at least sixty (60) days prior to the date of expiration of the license and must contain such information as is required by the City. After the information on the renewal application has been verified as correct by the City pursuant to subsection E above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant’s payment of the renewal fee, the Licensing Technician will issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 of this Section. A denial of a renewal application will be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial will be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request in writing to the Chief of Police within ten (10) days of the date of the City’s notice of non- renewal. If a written hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. If requested, the hearing will be held in accordance with the procedures set forth in Subdivision 8.C.2 and 8.C.3 of this Section. I. Change of Information. A licensee must notify the City within thirty (30) days of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations A. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee. C. The license must be posted in a conspicuous place in the premises for which it is used and must be exhibited to any person upon request. D. No person may sell, offer for sale, give away, furnish, or deliver any tobacco-related product to any person under twenty-one (21) years of age. E. A licensee may sell tobacco-related products only in a direct face-to-face exchange between the licensee or the licensee’s employee and the consumer. F. No person may sell or dispense any tobacco-related product through the use of vending machines or by means of delivery. G. Except in a licensed tobacco-products shop, no person may sell or dispense any tobacco- related product through self-service merchandising. The assistance or intervention of the licensee or licensee’s employee must entail the actual physical exchange of the tobacco products between the licensee or employee and the customer. H. No person under twenty-one (21) years of age may sell tobacco-related products at a tobacco products shop. No person under eighteen (18) years of age may sell tobacco-related products at any other establishment licensed under this Section. I. Smoking for the purposes of sampling tobacco-related products is prohibited. It is unlawful for any person to light, inhale, or exhale tobacco-related products within the indoor area of any establishment licensed under this Section, or for any person to allow the same. J. No person may distribute samples of any tobacco-related product free of charge or at a nominal cost. The distribution of tobacco-related products as a free donation is prohibited. K. The sale of any liquid, whether nor not such liquid contains nicotine, that is intended for human consumption and use in an electronic delivery device that is not contained in child- resistant packaging is prohibited. L. Notice of the legal sales age must be posted at each location where tobacco-related products are offered for sale. The required signage must be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. M. The premises licensed under this section must be open to inspection by any duly authorized representative of the City during regular business hours to determine whether or not this section and all other laws are being observed. N. A licensee operating a tobacco products shop must, upon the request of the City, provide the City with sales receipts or other acceptable documentation establishing that the tobacco products shop derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco-related devices, electronic delivery devices, edible THC products, and products containing nonintoxicating cannabinoids extracted from hemp. Subd. 8. Administrative Penalties, Suspension, and Revocation A. Administrative Penalties. 1. If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco- related products to a person under the age of 21 years, or violates any other provision of Minnesota Statutes, Chapter 461, the licensee will be charged an administrative penalty of $300 for the first violation. An administrative penalty of $600 will be imposed for a second violation at the same location within thirty-six (36) months after the initial violation. For a third or any subsequent violation at the same location within thirty-six (36) months after the initial violation, an administrative penalty of $1000 will be imposed, and the licensee’s authority to sell tobacco-related products at that location will be suspended for not less than seven (7) days and may be revoked. 2. An individual who sells, gives, or otherwise furnishes tobacco-related products to a person under the age of twenty-one (21) years may be charged an administrative penalty of $50. 3. No suspension, revocation, or other penalty may be imposed until the licensee or individual sought to be charged pursuant to subsection A.1 or A.2 of this subdivision has received written notice, served personally or by mail, of the alleged violation and an opportunity for a hearing in accordance with the procedures in subsection C of this subdivision. B. Grounds for Suspension or Revocation. In addition to the penalties described in subsection A of this subdivision, the City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Failure to comply with any applicable statute, regulation, or ordinance, including this Section, relating to the sale or use of tobacco-related products. 3. Failure to pay the amount of any penalty imposed pursuant to Subdivision 8.A of this Section within ten (10) days after notice in writing from the City of the decision to impose a penalty. 4. If the licensee is also the holder of an edible THC products license issued by the City pursuant to Section 5.79, any grounds for suspension or revocation of the edible THC products license under Section 5.79, Subd. 8.A. C. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Chief of Police or their designee to the licensee and an opportunity for a hearing. The notice must state the nature of the violation(s) or grounds for suspension or revocation and must inform the licensee of the licensee’s right to request in writing a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. If a written hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. No suspension or revocation of a license under this Section will take effect until (a) the licensee’s time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or their designee will provide written notice to the licensee of the date, time, and place of the hearing. The notice must be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing. The hearing will be held by an impartial hearing officer appointed by the Chief of Police or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer’s recommendation is denial of the renewal application or suspension or revocation of the license, they must include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer’s written recommendation, the City Manager will make a decision on whether the license will be denied renewal, suspended, or revoked. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. Appeal. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violations. A. Violation a Misdemeanor. 1. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits, or directs another to violate a provision of this Section is guilty of a misdemeanor. 2. It is an affirmative defense to the charge of selling, giving, or otherwise furnishing tobacco-related products to a person under the age of twenty-one (21) years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes Section 340A.503, subdivision 6. B. False Identification. A person under twenty-one (21) years of age who purchases or attempts to purchase tobacco-related products and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age is subject to alternative civil penalties as specified by Police Department procedure. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of October, 2022, and finally read, adopted, and ordered published at a regular meeting of the City Council of said City on the ____ day of _________________, 2022. _________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2022.