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HomeMy WebLinkAboutCity Council - 01/03/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 3, 2023 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS A. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION B. HERITAGE PRESERVATION COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT Parks, Recreation and Natural Resources Commission 2022 Accomplishments Commission Members •Patrice Erickson, Chair •Cecilia Cervantes, Vice Chair •Saratbabu Atluru •Deepa Bhujle •Pedro Curry •Tom Poul •Shanti Shah •Keith Tschohl •Ashley Young Student Representatives •Pranay Dhiman •Patrick Landwehr •Khoi Nguyen •Marissa Peterson •Dain Volz •Ellie Watanabe •Emilija Zarin Eden Prairie Cemetery Assisted staff with operating procedures and recommendation to accept Reviewed Deer Management Program •Maintain healthy deer population •Reduce car/deer collision •Reduce damage to resident foliage •Contract with USDA specialist Playground Replacement Participated in design and selection of equipment •Wyndham Knoll Park •Prairie East Park Reader’s Choice Awards Commission members are proud of the work we do •Community Center: Best Recreation Center •Round Lake Splash Pad: Best Outdoor Waterpark/Splash Pad Historic Properties Update A detailed look at recent and upcoming efforts Flying Red Horse One of many updates, now on to design and installation Access and Outreach Brought programs to all members of our community 2021 Annual Report Rewarding to see so many accomplishments Senior Center A tour of the remodeled area and an overview of programming Shade Tree Pest Control & Forestry Staff Major impacts from emerald ash borer Outdoor Center Overview Another effort to understand the many aspects of the department Bus Tour Highlighting public art Public Art and Amenities at: •Purgatory Creek Park •Town Center LRT Station •Nesbitt-Preserve Park •MN River Vista •Riley Lake Park •Miller Lake Park •Round Lake Park •Community Center Staring Lake Park Overview Realizing how much there is to do in one place Facility Rentals Understanding use, costs, and future developments EPCC: Fees, Charges & Membership Update Bouncing back from Covid Round Lake Park Building Advised staff during concept planning & final design Eden Prairie Players & Community Band Overviews from theater & band representatives Thank You HERITAGE PRESERVATION COMMISSION 2022 Annual Report and 2023 Work Plan Mission Statement The Heritage Preservation Commission (HPC) is the City’s steward of Eden Prairie’s enduring and recognized preservation policies. The programs and strategies focus not only on preservation, but also on education, public use and enjoyment of our heritage sites. HPC Members Rod Fisher, Chair Paul Thorp, Vice Chair Andrew Scipioni Steven Schumacher Robert Bowes Andy Ludowese George Maxwell Beth Novak-Krebs, Staff Liaison Kristin Harley, Recording Secretary Student Members Avik Garg Sophie Lunda Mary Margaret Mellen Ilhaam Mohamed Jash Parekh Suweda Said Siri Tangeti 2022 Accomplishments HPC Learning •Bob Bowes attended the Preserve MN conference. Awarded a Certified Local Government Scholarship to attend HPC Event Participation •Participated in the City-wide Open House. •Provided tours of the Dorenkemper House during the Harvest to Halloween event. •Participated in joint meetings with the Parks Recreation & Natural Resources Commission and the Eden Prairie Historical Society 2022 Accomplishments HPC Projects •Reviewed and recommended approval of a COA for exterior work at the Birchwood Cabin at Camp Eden Wood •Launched a project called Reflections on the 1968 Comprehensive Plan. Goals is to interview individuals about the Comprehensive Plan to understand how the plan shaped the City •Collaborated with Historical Society and City’s IT staff on the development of a website to host the oral histories. 2022 Accomplishments HPC Projects cont….. •Presented the Heritage Preservation Award •Reviewed and provided input on several options for the design of Flying Red Horse site •Explored ideas for projects that communicate the diversity in Eden Prairie’s history. Began researching the history along the Minnesota River and discussing the incorporation of more native history into the story of Eden Prairie •Discussed revising the heritage preservation webpage and explored the idea of using social media to educate the public 2023 Work Plan •Complete interviews for the Reflections on the 1968 Comprehensive Plan oral history project. Transcribe and edit the interviews and add to the Eden Prairie Has Tales to Tell webpage •Partner with Parks and Recreation on organizing a Farmer’s Market near the Dorenkemper House •Students review SHPO’s Statewide Training Manual and report back to the Commission •Continue to pursue local designation for the old depot site •Work with City staff to make cemetery records available to the public •Continue to discuss updating the heritage preservation webpage and the idea of using social media to educate the public about the history of Eden Prairie 2023 Work Plan •Participate in joint meetings with other commissions and the Historical Society •Participate in the Citywide Open House and the Harvest to Halloween events AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 3, 2023 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. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS FREIBERG AND NELSON IV. OPEN PODIUM INVITATION V. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE POLICE DEPARTMENT 50TH ANNIVERSARY PROCLAMATION B. ACCEPT DONATION FROM LIONS TAP FOR VARIOUS SPECIAL EVENTS (Resolution) C. ACCEPT DONATION FROM SENIOR ASSET FOR SENIOR CENTER EVENTS (Resolution) VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2022 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES CITY COUNCIL AGENDA January 3, 2023 Page 2 FOR CITY BOARDS AND COMMISSIONS FOR 2023 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS F. ADOPT RESOLUTION DESIGNATING DEPOSITORY G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION AUTHORIZING THE EXPENDITURE OF FISCAL YEAR 2022 AND 2023 OPIOID SETTLEMENT FUNDS J. APPROVE AN AGREEMENT FOR SERVICES WITH THE FENCING CONSORTIUM K. AUTHORIZE LEASE AGREEMENT WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS L. AUTHORIZE PURCHASE AND INSTALL OF POOL AUDIO EQUIPMENT FOR AQUATICS CENTER M. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR FIBER OPTIC BUILD-OUT TO THE OUTDOOR CENTER N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS O. APPROVE AN AGREEMENT FOR IMPLEMENTATION OF FLEET MANAGEMENT SYSTEM FROM FLEETIO P. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND ALLEN’S SERVICE INC AND DBA MATT’S AUTO SERVICE FOR 2023 Q. ADOPT RESOLUTION AND APPROVE CONTRACT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 CITY COUNCIL AGENDA January 3, 2023 Page 3 R. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BYLAWS S. APPROVE THE DEVELOPMENT AGREEMENT AMENDMENT FOR PARAVEL APARTMENTS T. APPROVE ELECTRIFY EVERYTHING MN AGREEMENT WITH THE CENTER FOR ENERGY AND ENVIRONMENT X. PUBLIC HEARINGS / MEETINGS A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE CHAPTER 11, SECTION 11.78 RELATING TO AMENDMENTS TO THE ZONING CHAPTER AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, SECTION 11.99 XI. PAYMENT OF CLAIMS XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCES AMENDING FRANCHISE FEES FOR XCEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA VALLEY ELECTRIC COOPERATIVE XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIV. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution) B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2022 AND APPOINT ACTING MAYOR (Resolution) C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION H. APPOINTMENT TO I-494 CORRIDOR COMMISSION CITY COUNCIL AGENDA January 3, 2023 Page 4 I. APPOINTMENT OF ASSISTANT WEED INSPECTOR J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: December 30, 2022 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, January 3, 2023 ___________________________________________________________________________________________ TUESDAY, JANUARY 3, 2023 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS FREIBERG AND NELSON IV. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. V. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE POLICE DEPARTMENT 50TH ANNIVERSARY PROCLAMATION Synopsis: January 1, 2023 marks the 50th anniversary of the founding of the Eden Prairie Police Department. The EPPD will celebrate our 50th anniversary throughout 2023. The 50th Anniversary Committee has created an updated police department patch commemorating the anniversary which will be incorporated in multiple ways including a special sticker for the department’s squad cars. Police Chief Matt Sackett will give a short presentation and show a 50th Anniversary video created by the committee. After the presentation and video, Mayor Case will read the proclamation and present to Chief Sackett. B. ACCEPT DONATION FROM LIONS TAP FOR VARIOUS SPECIAL EVENTS (Resolution) Synopsis: Donations such as this allow the City to offer special events at low or no cost to residents. The City’s Special Events occur throughout the year and have CITY COUNCIL AGENDA January 3, 2023 Page 2 something for everyone, from concerts at Staring Amphitheater to an art fair to movies on water! MOTION: Move to Adopt Resolution accepting the donation of $1,500 from Lions Tap for various special events. C. ACCEPT DONATION FROM SENIOR ASSET FOR SENIOR CENTER EVENTS (Resolution) Synopsis: Donations such as this allow the Senior Center to offer special events at low or no cost to residents. MOTION: Move to Adopt Resolution accepting the donation of $150 from Senior Asset for Senior Center special events. VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VII. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2022 VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-T on the Consent Calendar. A. CLERK’S LIST B. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2023 C. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS D. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE E. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS CITY COUNCIL AGENDA January 3, 2023 Page 3 F. ADOPT RESOLUTION DESIGNATING DEPOSITORY G. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS H. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL I. ADOPT RESOLUTION AUTHORIZING THE EXPENDITURE OF FISCAL YEAR 2022 AND 2023 OPIOID SETTLEMENT FUNDS J. APPROVE AN AGREEMENT FOR SERVICES WITH THE FENCING CONSORTIUM K. AUTHORIZE LEASE AGREEMENT WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD FIELDS L. AUTHORIZE PURCHASE AND INSTALL OF POOL AUDIO EQUIPMENT FOR AQUATICS CENTER M. APPROVE CONTRACT WITH ARVIG ENTERPRISES FOR FIBER OPTIC BUILD-OUT TO THE OUTDOOR CENTER N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS O. APPROVE AN AGREEMENT FOR IMPLEMENTATION OF FLEET MANAGEMENT SYSTEM FROM FLEETIO P. APPROVE TOWING SERVICES AGREEMENT BETWEEN CITY AND ALLEN’S SERVICE INC AND DBA MATT’S AUTO SERVICE FOR 2023 Q. ADOPT RESOLUTION AND APPROVE CONTRACT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 R. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BYLAWS S. APPROVE THE DEVELOPMENT AGREEMENT AMENDMENT FOR PARAVEL APARTMENTS T. APPROVE ELECTRIFY EVERYTHING MN AGREEMENT WITH THE CENTER FOR ENERGY AND ENVIRONMENT X. PUBLIC HEARINGS / MEETINGS CITY COUNCIL AGENDA January 3, 2023 Page 4 A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE CHAPTER 11, SECTION 11.78 RELATING TO AMENDMENTS TO THE ZONING CHAPTER AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, SECTION 11.99 Synopsis: This code amendment addressing the voting requirements for amendments to the zoning ordinance and zoning map. Current City Code requires a two-thirds (4/5th) of Council members to vote for any text amendment or zoning map amendment. State Statute only requires this vote when properties change from residential to commercial or residential to industrial. City Code should be consistent with State Statute. MOTION: Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance to amend City Code Chapter 11, Section 11.78 relating to amendments to the zoning chapter. XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCES AMENDING FRANCHISE FEES FOR XCEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA VALLEY ELECTRIC COOPERATIVE Synopsis: These amended fees will likely go into effect during the first or second quarter in 2023 once Xcel Energy, CenterPoint Energy and Minnesota Valley Electric Cooperative have had an opportunity to make billing system changes. Revenue derived from franchise fees will be used for the City of Eden Prairie Pavement Management Program. MOTION: Move to: • Approve first reading of an ordinance amending franchise fees for Xcel Energy; and • Approve first reading of an ordinance amending franchise fees for CenterPoint Energy; and • Approve first reading of an ordinance amending franchise fees for Minnesota Valley Electric Cooperative XIII. PETITIONS, REQUESTS, AND COMMUNICATIONS CITY COUNCIL AGENDA January 3, 2023 Page 5 XIV. APPOINTMENTS A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution) Synopsis: This designation is required on an annual basis. Since the Eden Prairie News published their final newspaper in April 2020, the Eden Prairie Sun Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. MOTION: Move to adopt the Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2023. B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR CITY COUNCIL IN 2023 AND APPOINT ACTING MAYOR (Resolution) Synopsis: This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Acting Mayor in 2022. MOTION: Move to adopt the Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2023 and appointing Council Member ______ as Acting Mayor. C. APPOINT COMMISSIONERS TO EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY (Resolution) Synopsis: This appointment requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2022. MOTION: Move to adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member _________ as Secretary for calendar year 2023. D. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY (Resolution) Synopsis: This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019. MOTION: Move to adopt the Resolution designating ____________ as the Director and _________ as the Alternate Director to the Suburban Rate Authority. E. APPOINTMENT OF DELEGATE AND COUNCIL MEMBERS AS CITY COUNCIL AGENDA January 3, 2023 Page 6 ALTERNATES TO NATIONAL LEAGUE OF CITIES Synopsis: This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. MOTION: Move to approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities. F. APPOINTMENT TO MUNICIPAL LEGISLATIVE COMMISSION Synopsis: This appointment is approved on an annual basis. Mayor Case has served since 2019. MOTION: Move to approve appointment of _________ to the Municipal Legislative Commission. G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Freiberg has served on the Southwest Cable Commission since 2019. MOTION: Move to approve appointment of _________ to the Southwest Cable Commission. H. APPOINTMENT TO I-494 CORRIDOR COMMISSION Synopsis: This appointment is approved on an annual basis. Council Member Toomey has served on the I-494 Corridor Commission since 2021. MOTION: Move to approve appointment of _________ to the I-494 Corridor Commission. I. APPOINTMENT OF ASSISTANT WEED INSPECTOR Synopsis: Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Karli Cich is the City’s Forestry and Natural Resources Supervisor in the Parks and Recreation Department. CITY COUNCIL AGENDA January 3, 2023 Page 7 MOTION: Move to appoint Karli Cich as Assistant Weed Inspector for the City of Eden Prairie. J. APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES (Resolution) Synopsis: Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be:  One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually  The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the Fire Relief Association in 2022. The appointment of the Fire Chief is automatic according to statute. MOTION: Move to adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association. K. APPOINTMENT TO SOUTHWEST TRANSIT COMMISSION Synopsis: It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2024. Council Member Freiberg held this position in 2022. Council Member Narayanan also is a representative on the board. MOTION: Move to appoint ________________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2024. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA January 3, 2023 Page 8 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE January 3, 2023 DEPARTMENT / DIVISION Police Matt Sackett ITEM DESCRIPTION 50th Anniversary Proclamation ITEM NO. V.A. Requested Action No action required Synopsis January 1, 2023 marks the 50th anniversary of the founding of the Eden Prairie Police Department. Background The EPPD will celebrate our 50th anniversary throughout 2023. The 50th Anniversary Committee has created an updated police department patch commemorating the anniversary which will be incorporated in multiple ways including a special sticker for the department’s squad cars. The committee has also created a 50th anniversary video which you will see this evening. Attachment 1. Proclamation ITEM V.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota 2023 as a Year of Celebration for the EPPD’s 50th Anniversary WHEREAS, the Eden Prairie Police Department was founded on January 1, 1973 with six officers and one clerk; and WHEREAS, the EPPD has grown to 72 sworn staff, 32 civilian staff and 35 volunteers who are deeply committed to protecting and serving the residents of Eden Prairie; and WHEREAS, the EPPD Dispatch Center was created in 1990 and now responds to more than 40,000 calls for service each year; and WHEREAS, the department has more than 20 primary and secondary units to help serve the public including the SWAT team, Drone Team, K9 and School Liaison Units; and WHEREAS, for the past fifty years the EPPD has provided customized service to the community, exercised discretion and fairness in enforcement, built public trust in the department and promoted the professional development of its members and will continue to do so; NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota and on behalf of the Eden Prairie City Council, hereby proclaim 2023 as a year of celebration for the Eden Prairie Police Department’s 50th Anniversary. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey January 1, 1973 •6 Sworn Members •1 Support Staff January 1, 2023 •72 Sworn Members •32 Professional Staff •35 Volunteers January 1, 1973 January 1, 2023 50 CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: January 3, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Lions Tap for Various Special Events ITEM NO.: V.B. Requested Action Move to: Adopt Resolution accepting the donation of $1,500 from Lions Tap for various special events. Synopsis Donations such as this allow the City to offer special events at low or no cost to residents. The City’s Special Events occur throughout the year and have something for everyone, from concerts at Staring Amphitheater to an art fair to movies on water! This donation is split amongst the following: Winter Blast $50 Winter Theater $50 Summer Musical $150 Starring at Staring $100 PeopleFest $150 Movies in the Park $50 KidStock $150 Indoor Triathlon $50 Fall into Fitness $50 Harvest to Halloween $150 Floating Pumpkin Patch $50 Flick ‘n’ Floats $50 Collection of One Acts $50 Arts in the Park $150 Arbor Day Walk $50 Animal Open House $50 July 3rd and 4th $150 Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $1,500 to be used towards various Parks and Recreation special events from the Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: January 3, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Senior Asset to Senior Center Special Events ITEM NO.: V.C. Requested Action Move to: Adopt Resolution accepting the donation of $150 from Senior Asset for Senior Center special events. Synopsis Donations such as this allow the Senior Center to offer special events at low or no cost to residents. This donation is split amongst the following: Garden Party $50 Fall Lunch $50 November Bingo $50 Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. 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. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $150 to be used towards various Senior Center special events from the Senior Asset is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 6, 2022 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) I. EDEN PRAIRIE STATE DELEGATION WITH REPRESENTATIVE KOTYZA- WITTHUHN City Manager Rick Getschow opened the session by noting the absence of State Representative Pryor and State Senator Cwodzinski who were not able to attend the session. Getschow thanked Representative Kotyza-Witthuhn for her presence and pointed out the redistricting of Senate Districts resulted in the city being represented by one District, rather than split as determined by the previous district boundaries. Getschow also welcomed Tom Poul, an attorney with Messerli Kramer representing the Municipal Legislative Commission (MLC) and asked that Poul cover the 2023 MLC Legislative Agenda which represents many City issues. Poul began by providing a brief overview of Elections outcomes, specifically noting Democrats’ first time winning the Governor, House, and Senate in Minnesota, and the subsequent opportunity to see what they can accomplish together without divided government. Some of the issues that will likely receive thorough attention during the 2023 legislative session are reproductive rights, paid family leave, criminal justice reform, and investments in areas like infrastructure, education, tax relief for lower-middle class, and social security income exemption. Poul stated there is a particularly unique opportunity for investments during this session due to the $17.8 Billion projected state budget surplus. Poul noted inflation is not factored into the projection and specified that the value is a projection and not a certainty. Nonetheless, the substantial surplus delivers an opportunity for legislators to make significant investments for the future. He clarified that many of these investments would likely be larger one-time investments rather than permanent, sustained investments. City Council Workshop Minutes December 6, 2022 Page 2 Poul drew attention to the large number of new faces in the legislature. 68 legislators, or about one- third of the legislature will be considered new, which is more new legislators than there have been in about 50 years. Poul noted it may take longer to get rolling in the early weeks due to time spent building relationships, and as new individuals get to understand the process and issues. Representative Kotyza-Witthuhn stated that Committee Chairs as well as leadership in the House and Senate would likely be announced before the holiday break. Before delving into the 2023 Legislative Platform, Poul clarified that while the agenda is currently a draft with potential for fluctuation, it does represent many of the top priorities for the association. The agenda focuses on items including Housing and Home Ownership, Public Safety, Tax Policy and Local Issues, Infrastructure and Transportation Investments, Workforce Support and Economic Expansion, and Cannabinoid and Recreational Marijuana Regulatory and Licensing Framework. Poul explained MLC’s focus in recent years on housing, specifically homeownership for low- to middle-income residents and increasing opportunity for ownership. Poul expressed the difficulty in a city like Eden Prairie where new housing is so expensive, resulting in focus shifting to preserving existing housing to ensure those homes remain available. Poul explained in recent years a lot of out- of-state and corporate investors are buying homes to turn into rentals. While this can create opportunity for some individuals to get into a home, it doesn’t lend well to homeownership and wealth-building for future generations. The MLC agenda is focused on supporting affordable homeownership, which includes additional funding from the state for certain programs like the NOAH Preservation program and Housing Infrastructure Bonds; incentivizing builders to build single-family homes that are less expensive; and community land trusts. Getschow mentioned Eden Prairie has yet to see high numbers of corporate-owned single-family homes for rent, but that regionally it is starting to happen more. Mayor Case inquired why this might be happening in other places but not yet in Eden Prairie. Getschow suggested that it will likely be coming to Eden Prairie as well. Councilmember Freiberg pointed out that several years ago Eden Prairie experienced some amount of this through out-of-state corporate purchasing of apartment buildings. Poul articulated the importance of creating more options for financing especially for BIPOC community and first-time home buyers, particularly referencing down payment assistance and high mortgage loans. Another major goal of the MLC is working in collaboration with builders to address housing cost drivers and finding ways to incentivize builders to build $300,000 homes rather than only the highly profitable $500,000-$900,000 homes being built. Poul examined multiple areas which address housing cost drivers, including streamlining state building code, reduction of redundancy between the multiple agencies involved in permitting process, and providing flexibility to local government regarding land availability. Poul noted that even with added land availability, City Council Workshop Minutes December 6, 2022 Page 3 new development requires a host of investments like water infrastructure, wastewater infrastructure, and transportation which are large costs that the state or region may not be prepared to shoulder. Poul expressed MLC’s support for preserving local autonomy, ensuring local government maintains the authority to make decisions that local government believe are best for the residents of their cities. City Council works directly with residents and knows the type of community they are trying to build, and local government wants to preserve the right to regulate it as such. This requires a legislative push to keep land use decisions such as zoning and regulatory controls, like that of aesthetic mandates, in the hands of local authorities. Next on the MLC legislative agenda was the topic of Public Safety, which had not previously been a main agenda item for the MLC. Poul listed the factors driving the focus on Public Safety, beginning with motor vehicle issues like carjackings and theft of vehicles and auto parts, issues with juvenile offenders like managing dispositions and the challenges surrounding detention and lack of resources. The other factor is reform for public safety duty disability for officers and firefighters with PTSD or those injured in the line of duty, of which numbers have significantly increased. MLC’s platform supports increased state funding to alleviate fiscal impact on cities. Poul also explained the necessity for a variety of treatment resources before permanent disability is filed, particularly in situations of PTSD, mental, or emotional trauma. Getschow commented Eden Prairie is lucky to not be experiencing departure of officers at the same rate as other places. Representative Kotyza-Witthuhn brought up the hiring difficulties with which many Police Departments are struggling, and pointed out once again that Eden Prairie, while not unaffected by fewer applicants, is fortunate in their position compared to other areas. Working to sustain officers’ service through providing resources for assistance and treatment of duty disability could also go a long way to alleviate staffing issues. Poul moved on to the next item on the agenda, Tax Policy and Local Issues. Poul discussed MLC’s view that property tax relief should be direct to the taxpayer which could include updates to Market Value Exclusion. Another part of the platform is simplifying sales tax exemption for construction materials for local governments, maintaining the integrity of the Fiscal Disparities Program, and supporting repeal of the Local Government Salary Cap of which Minnesota is the only state with a cap. Poul transitioned into discussion of Infrastructure and Transportation Investments, stating the importance of the approximate 25 percent State match required to participate in the Federal Infrastructure Program funding. Minnesota was one of the only, if not the only state last year to not meet the timeframe for the funding match, which left a lot of dollars on the table due to the lack of participation in the program. Poul stressed the importance of maximizing those investments and noted that it does not solely fund transportation but energy, environment, and cybersecurity—of which about 80 percent of the funding goes to cities. City Council Workshop Minutes December 6, 2022 Page 4 Councilmember Narayanan inquired about inclusion of funding for infrastructure surrounding electric vehicles. Poul responded stating electric vehicle charging stations are a big item that has come through the Department of Commerce and the Department of Transportation and mentioned programs through the state where investments are being made for charging stations. Narayanan asked if some funds are dispersed to cities, to which Poul explained that many of the programs are application-based so cities could build and present proposals to appeal for funding. Poul moved on to the final piece of the agenda which is the Tetrahydrocannabinol (THC) Reform and Recreational Marijuana that is approaching. The edibles law passed last year without a regulatory framework which has placed a lot of pressure on cities to handle the legislation on a local level. Strong regulatory framework with clear requirements is needed to address the sale of products containing THC. Should the Legislature decide to approve recreational marijuana use, the same framework is needed, and a large amount of legislation would need to be considered including public safety, employment, public health, taxation, local licensing, and zoning regulations. Mayor Case opened the floor the Representative Kotyza-Witthuhn to discuss what items are important for her. Kotyza-Witthuhn expressed excitement for the possibilities that come with a Democratic House, Senate, and Governor, with hopes that some items can be passed which were previously held up in the Senate. Kotyza-Witthuhn suggested that she would be re-submitting updated versions of bills she has worked on in the last two to four years. She explained that reproductive healthcare access and protections will be one of the first items to be moved forward based on the wide support of the issue in Minnesota and across the country. Kotyza-Witthuhn discussed Governor Walz’ recent mention of Child Tax Credits in relation to the budget surplus and explained the work she has done on an Expanded Child Tax Credit which could be looked at as one-time funding rather than ongoing funding, but noted that sustained funding would be ideal. Kotyza-Witthuhn commended Poul’s synopsis of topics and platforms which will be significant subjects throughout the upcoming legislative session. Kotyza-Witthuhn drew attention to the lack of funding in Public Safety during the last session, stating one item that did go through was her bill providing additional dollars to the Automobile Theft Prevention Fund. She also drew attention to the rhetoric around Democrats desire to de-fund the police, noting that the discourse had gotten out of hand; the funding at the state legislature for public safety has increased every year, and the House DFL has always been very supportive of those initiatives. Kotyza-Witthuhn praised Eden Prairie relationship-building and community engagement which has ensured the city’s public service officers are supported in every part of their role within the community. Case inquired about the state of legislation regarding catalytic converters, i.e., sale or possession of the automobile part. Kotyza-Witthuhn explained that the legislation would create law around City Council Workshop Minutes December 6, 2022 Page 5 possession of catalytic converters, and that it would be re-submitted during this session. Case asked why the Senate would block that proposed legislation, as it could essentially stop the rising theft of catalytic converters. Kotyza-Witthuhn suggested there may have been concerns about junk dealers in possession of a variety of legally obtained auto parts. Freiberg asked Kotyza-Witthuhn how comfortable she would be with a Recreational Cannabis use law passing in regard to having proper framework and legislation in place, which was not the case for the THC law that passed last year. Kotyza-Witthuhn responded she was very comfortable with the extensive planning, research, community outreach. Freiberg drew comparisons between the way alcohol and cannabis would be distributed, noting that some cities have municipal liquor stores and questioned if this is something that would potentially take place with cannabis. Freiberg expressed the hope that proper guidelines would cover all potential aspects of dispensing of cannabis in addition to the framework that is being constructed. Case expressed the hope that cannabis could be additionally regulated at the local level if cities feel that there is something lacking from the legislation. Getschow noted Eden Prairie created its own city licensing ordinance with the new and somewhat surprising hemp-based THC state law that passed last session. Getschow wrapped up the session with some thoughts relating to elections. Getschow noted the cumbersome nature of the absentee voting process and the process not accounting for the increased volume of early voters since no-excuse absentee voting was established. Getschow suggested an extended timeframe for Direct Balloting, allowing voters to feed their ballots directly into tabulators longer than only the final week of absentee voting, which simplifies the process for voters and administrators. Kotyza-Witthuhn pointed out that so many voters wait until the Direct Balloting timeframe because they like being able to put their ballot in the voting machine, which is why we have such high numbers and lines during that timeframe. Getschow followed up by stating there are a lot of regulations that could be removed and would maintain the integrity and safety of the election process. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. STEVEN WAGNER – CREEKWOOD PARK Steven Wagner, 9325 Wilderness Cove, began by stating that progress has been made at Creekwood Park, but said that improvements could be made in the coming year. Wagner asked about getting better response time from the Police Department. Wagner also requested clarification on allowable noise, enforcement of the noise ordinance when it is being violated. Wagner expressed concern for loud, profane music, and trash left behind by park visitors. City Council Workshop Minutes December 6, 2022 Page 6 B. CRAIG ARMSTRONG -APPRAISALS IN EDEN PRAIRIE VS OTHER SUBURBS Craig Armstrong, 17969 Cascade Drive, spoke about his concerns related to 2023 Property Taxes and their categorical breakdown. Armstrong suggested that residential tax increases will subsidize commercial tax decreases and proposed that the increase in Eden Prairie’s residential property tax is unilaterally high compared to the rest of suburban Hennepin County. Armstrong also questioned why Eden Prairie’s commercial buildings and apartment buildings are showing larger decreases in value than other Hennepin County cities. Armstrong suggested that the previous 12-month tax period is not an accurate representation of tax values, citing the decrease in his own home’s value since May. He asked that Assessing look at this closely and take the many factors and comparisons to other cities into consideration. Getschow stated that during this evening’s Council Meeting a presentation will be made on the 2023 Property Tax Levy which will deliver information on the topic and provide context regarding other cities’ tax levies in comparison to Eden Prairie, and the drivers of various changes. Case also pointed out that because Eden Prairie has a varied housing stock with a strong commercial tax base, we should draw comparisons only to other comparable cities in Hennepin County. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 6, 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, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Kathy Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. BLAZING STAR AWARD PRESENTATION FROM CONSERVATION MINNESOTA Case pointed out the Council has had several conservation and environmental protection goals. Eden Prairie is one of the only, if not the only, City to have fully electric vehicles when available. John Anderson, Local Government Program Manager at Conservation Minnesota, explained the City of Eden Prairie has been awarded one of Conservation Minnesota’s Blazing Star Awards for 2022. The award was named after a local plant. This award is in recognition of the City’s work to incorporate electric vehicles into the fleet in support of Climate Action Plan goals, most notably the addition of an electric patrol vehicle to the City’s Police Department. Mr. Anderson added the Blazing Star Award acknowledges local governments for exciting projects that advance conservation, climate, or the environment. CITY COUNCIL MINUTES December 6, 2022 Page 2 The main purpose of the award is to highlight local governments that are making progress on environmental goals both to recognize their achievements and highlight successful programs for other similar local government entities. Case thanked Staff for their efforts. Eden Prairie is the first City in Minnesota to have a battery-powered police car and use a Tesla. The City has also ordered an electric Mustang. B. ACCEPT DONATION FROM SW TRANSIT FOR SENIOR CENTER 2023 AUGUST GOLF CLASSIC EVENT (Resolution No. 2022-123) Lotthammer explained this item is to accept a donation for $250 for the 2023 Senior Center Golf Classic event from SW Transit. Case noted such donations allow their tax dollars to go further and thanked the partners for donations. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2022-123 accepting the donation in the amount of $250 for the 2023 Senior Center Golf Classic event. Motion carried 4-0. C. ACCEPT DONATION FROM ELIM SHORES FOR SENIOR CENTER 2023 EVENTS (Resolution No. 2022-124) Lotthammer explained this item is to accept a donation for $500 for the 2023 Senior Center events of May Shred Truck ($200), July BBQ ($125), August Golf Classic ($125), and October Bingo ($50) from Elim Shores MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-124 accepting the donation in the amount of $500 for the 2023 Senior Center events of May Shred Truck ($200), July BBQ ($125), August Golf Classic ($125), and October Bingo ($50) from Elim Shores. Motion carried 4-0. D. ACCEPT DONATION FROM PRAIRIE BLUFFS SENIOR LIVING FOR SENIOR CENTER 2023 EVENTS (Resolution No. 2022-125) Lotthammer explained this item is to accept a donation for of $400 for the 2023 Senior Center events of February Bingo ($50), Valentines Breakfast ($150), and Summer BBQ ($200) from Prairie Bluffs Senior Living MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2022-125 accepting the donation in the amount of $400 for the 2023 Senior CITY COUNCIL MINUTES December 6, 2022 Page 3 Center events of February Bingo ($50), Valentines Breakfast ($150), and Summer BBQ ($200) from Prairie Bluffs Senior Living. Motion carried 4-0. E. ACCEPT DONATION FROM FLAGSTONE SENIOR LIVING FOR SENIOR CENTER 2023 EVENTS (Resolution No. 2022-126) Lotthammer explained this item is to accept a donation of $250 for the 2023 Senior Center events of April Bingo ($50) and May Shred Truck ($200) from Flagstone Senior Living. Case pointed out the Council has been increased outreach to senior living facilities in the City. MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution No. 2022-126 accepting the donation in the amount of $250 for the 2023 Senior Center events of April Bingo ($50) and May Shred Truck ($200) from Flagstone Senior Living. Motion carried 4-0. F. ACCEPT DONATION FROM HOME INSTEAD FOR SENIOR CENTER 2023 EVENTS (Resolution No. 2022-127) Lotthammer explained this item is to accept a donation of $450 for the 2023 Senior Center events of January Bingo ($50), May Shred Truck ($200), August Golf Classic ($100) and November Veterans Breakfast ($100) from Home Instead. Lotthammer added the Council Members are welcome to attend and participate in the events. Case asked for Getschow to add the dates of Senior Center events to the calendar for the Council to be aware of. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2022-127 accepting the donation in the amount of $450 for the 2023 Senior Center events of January Bingo ($50), May Shred Truck ($200), August Golf Classic ($100) and November Veterans Breakfast ($100) from Home Instead. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 15, 2022 CITY COUNCIL MINUTES December 6, 2022 Page 4 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 2022 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, November 15, 2022, and the City Council meeting held Tuesday, November 15, 2022, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2022-128 DESIGNATING POLLING PLACES FOR 2023 C. AWARD CONTRACT FOR 2023 WATER TREATMENT CHEMICALS D. APPROVE AGREEMENT FOR PROFESSIONAL SERVICES WITH ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES LLC FOR WELL HOUSE #17 & TRANSMISION MAIN FINAL DESIGN AND BIDDING E. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE HIGH SERVICE PUMP #7 F. DECLARE POLICE SQUAD #239 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE G. ADOPT RESOLUTION NO. 2022-129 AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 2 FOR THE TOWN CENTER STATION PROJECT H. AUTHORIZE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH ISG FOR CONSTRUCTION ADMINISTRATION SERVICES FOR ROUND LAKE PARK BUILDING RECONSTRUCTION I. ACCEPT QUOTES AND AWARD CONTRACT FOR EAB INFESTED TREE REMOVALS J. APPROVE STANDARD CONTRACT FOR GOODS AND SERVICES WITH LIFE FITNESS FOR PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT CITY COUNCIL MINUTES December 6, 2022 Page 5 K. APPROVE ONE-YEAR COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION L. APPROVE COOPERATIVE SERVICE AGREEMENT WITH THE USDA FOR 2022-2023 DEER MANAGEMENT PROGRAM M. APPROVE AGREEMENT FOR VICTIM ADVOCACY SERVICES WITH SOJOURNER PROJECT, INC N. ADOPT RESOLUTION NO. 2022-130 ACCEPTING VARIOUS DONATIONS AND IN-KIND CONTRIBUTIONS MOTION: Freiberg moved, seconded by Narayanan, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. APPROVE FIRST AND SECOND READINGS OF ORDINANCE NO. 24-2022 UPDATING 2023 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION Getschow pointed out the Dairy Queen project will be presented at the next hearing, although it was noticed for that evening. Getschow stated the ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. The fee schedule is approved each year, and all of the fees are available for review in the packet. The increases are lower than the rate of inflation, and some of the fees are only updated every two years. Case asked if the fees are reviewed in a few months to compare the rates and competitiveness to other cities’ fees. Getschow confirmed Staff reviews comparison data to determine competitiveness of the rates and to inform the fees in the following year. There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing, and to approve first and second readings of the Ordinance No. 24- 2022 Updating the Fee Schedule for Administration of Official Controls and adopt resolution No. 2022-131 approving the Summary for Publication. CITY COUNCIL MINUTES December 6, 2022 Page 6 Case pointed out there needs to be four affirmative votes to combine the first and second readings on the matter. Narayanan asked if the increases are all between two and three percent. Getschow stated the fees for the current item are in that range. The following item varies more with increases. VOTE ON THE MOTION: Motion carried 4-0. B. ADOPT 2023 FEE RESOLUTION NO. 2022-132 FOR CITY SERVICES Getschow stated the resolution updates the fee schedule for the City’s services not covered by ordinance. It doesn’t require a public hearing, but past practices have included a public hearing. The increases vary. For example, the fees at the Community Center were frozen for a few years. In that scenario, the fees are increasing closer to the inflation rate. Managers of various Departments provided input and recommendations. Case asked if Staff does a review of increased fees to see if the changes deterred community usage and if the increases change based on demand. Getschow confirmed there is an analysis to determine supply and demand and to ensure that rates were not raised too much. There were no comments from the audience. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing, and to adopt the 2023 Fee Resolution No. 2022-132. Motion carried 4-0. C. ADOPT RESOLUTION NO. 2022-133 CERTIFYING 2023 PROPERTY TAX LEVY, ADOPTING 2023 BUDGET, AND APPROVING 2023 HRA TAX LEVY Getschow introduced the item and invited Finance Manager Tammy Wilson to continue the Staff presentation. Wilson stated the meeting is a requirement of State law and is held after property owners receive their proposed property tax statement. The proposed budget is for two years, but must be approved each year. Calculations for the City showed the budget to be $57,395,407 and the certified levy to be $44,909,284 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,477,021) is $42,432,263. CITY COUNCIL MINUTES December 6, 2022 Page 7 Wilson pointed out the 2023 proposed budget maintains City services with a budget increase of 3.4 percent in the general fund and a total budget increase of 3.2% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 4.5 percent. Wilson noted other budget highlights include a 5.8 percent increase in full-time wages, which is the largest expenditure by the City. The increase includes another police officer, a fire administrator, and cost of living increases. As for health insurance, there is a one percent budgeted increase. Additionally, there is a 17 percent budgeted increase for worker’s compensation, which most cities are doing. Wilson stated the property and tax levy remained flat. The debt levy has remained steady since 2017 and funds two past bonds. Wilson explained the current estimated market value for taxes payable in 2023 is a market value increase to $13.5 billion, which is a 15 percent increase over 2022. The impact on the median value home, valued at $513,200, is $1,524. The increase is a seven percent increase. An apartment would see a 6.9 percent tax decrease, and commercial buildings would see a 4.8 percent tax decrease. Wilson added the total property tax impacts for a residential home would be a 9.6 percent increase, a 4.7 percent decrease for apartments, and a 5.6 percent for commercial properties. Case pointed out even if the City didn’t increase the levy, there would still be a five or six percent increase in property tax impacts due to other taxing bodies. The proposed levy is to maintain the same level of service in Eden Prairie. If the Council chose a levy of zero percent, they would have to cut services such as public safety efforts, park maintenance, and the like. Getschow noted some results from the City-wide survey. Eden Prairie continues to be a highly desirable place to live and raise a family. Residents continue to rate safety-related aspects highly, with few crime-related concerns. Community parks, recreation, and natural environment continue to be a valued community asset. Residents continue to praise the City services. Lastly, Eden Prairie’s economy shines, but affordability could be an issue. Getschow explained the goals for the 2023 budget include providing value to citizens by maintaining high-quality City services and reasonable tax impacts. Additionally, the hope is to maintain employee morale and engagement by implementing efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sectors. CITY COUNCIL MINUTES December 6, 2022 Page 8 Getschow added the budget aims to maintain strong financial position and bond rating through a balanced budget, maintain fund balance policies, utilization of conservative estimates of revenues and expenditures, a review of fees and charges annually with a minimum adjustment for inflation, and capital planning. Getschow stated the current priorities of the City Council include public safety support and investment, race equity initiatives, housing task force report implementation, sustainability initiatives, promoting small businesses and entrepreneurship, and community engagement in the aftermath of COVID-19. Getschow noted residential properties increased in value by 18.4 percent. Commercial properties increased by 3.1 percent, and apartments increased by 7.0 percent. Overall, the total property value increase is 14.3 percent in Eden Prairie. The market value of homes going into 2023 is $13.5 billion. The City tax rate is 28.84 percent, which is a decrease. Case noted if all property types doubled at the same rate, the City would still receive the same amount of taxes. Because residential property value increased more, their respective taxes increased more. Getschow showed a list of comparison cities and their proposed 2023 tax levies. Out of the comparison cities, the average rate was 8.2 percent, and Eden Prairie’s was the lowest. Narayanan asked what portion of a resident’s taxes go to the City. Getschow stated 26 percent of a resident’s taxes go to the Eden Prairie. Other recipients include school districts, watershed districts, County taxes, and more. Getschow stated if the Council wanted to bring the levy to 0 percent, then there would have to be a cut of $3 million of the tax levy. Eden Prairie only has control over 26 percent of each resident’s taxes. The median value home in $513,200, which was a 19 percent increase from 2022. If a property increased in value less than 15 percent, the resident’s taxes would go down. Getschow added there is a regional commercial tax base sharing program. It was implemented in 1971 and applies to the seven-county metropolitan area. Eden Prairie is currently the fourth largest contributor. That results in a shrinking of a tax base. If the program didn’t exist, the taxes would increase by 5.4 percent less for the median household. Case pointed out it captures profit from future growth and supports development in surrounding communities. He explained it needs to be reassessed, and the legislature is taking a look at the program. CITY COUNCIL MINUTES December 6, 2022 Page 9 Getschow noted there is an option for homeowner’s homestead credit refund that could be beneficial for residents to apply for as a lot of the money is left untouched. Greg Olson, 7373 Ann Court, thanked Getschow for the presentation and noted it answered several of his questions. He explained the process is confusing and lacks transparency. He suggested the Council make the process more transparent for community members. Craig Armstrong, 17969 Cascade Drive, also thanked Getschow for the overview of the budget. He asked if any certain commercial properties drove the overall increase more than others. Getschow stated he didn’t know the answer off the top of his head. Mr. Armstrong pointed out residents got the short end of the stick when it came to the proportion of tax increases by property type, particularly in comparison to other cities. Getschow stated there are cities that are 90 percent residential that would have a very different tax impact. Eden Prairie has a very healthy commercial base. Case agreed it would be interesting to see the commercial tax impacts, especially based on the age of the commercial properties. Mr. Armstrong asked how many homes were over the $500,000 value that impacted the percentage. Getschow stated he could do estimates for individual properties, but properties over $500,000 take an extra hit for being over half of a million. Mr. Armstrong suggested the Council consider a slightly less budget increase. MOTION: Toomey moved, seconded by Narayanan to close the public hearing. Motion carried 4-0. Narayanan explained it was interesting that the apartments value increased at a lower rate even though Eden Prairie has added several more apartment buildings. Getschow stated the apartment value includes new and existing apartment values, and it is entirely market driven. He added the process for setting the value of homes is entirely different than setting the levies. It is more important to compare the rates between cities to see if other cities had a higher increase in the value of their apartments than Eden Prairie. Narayanan asked if more apartments in a city would change the dynamics. Getschow stated it could impact the dynamics because of the increased value. CITY COUNCIL MINUTES December 6, 2022 Page 10 Narayanan stated the rents have increased in the City, but the value didn’t increase. Case stated the value is determined by the market. Narayanan asked why there needs to be a 10 percent percentage increase in City services. Getschow stated the membership fees increased by 10 percent, but it isn’t a part of the budget. Of the general fund revenue, 77 percent comes from taxes and 10 percent comes from charges for services. It is not reflective of an increased charge. Toomey pointed out her appreciation of the levy percentage being lower than the rate of inflation. She asked how Eden Prairie compares to other cities. Getschow stated the other levies will be set in the coming weeks, but the preliminary levies show that Eden Prairie is the lowest. Narayanan stated the 3.2 levy looks good and is acceptable. Properties that increase in value result in paying more taxes. Case noted there are many variables considered in the process and the goal is to keep taxes low while providing excellent services. He added the Council doesn’t seek out development. Instead, the Council manages development. The increase in development spreads out the tax responsibility amongst the community. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2022-133 certifying the 2023 Property Tax levy to be $44,909,284, approve the 2023 Budget of $57,395,407 as reviewed by the Council, and approve the HRA tax levy and budget of $205,000. Case suggested residents look at the budget and how the money was spent in the 1960s as it is representative of what they valued. Similarly, the Council and Staff does its best work to reflect the wants and needs of the community. VOTE ON THE MOTION: Motion carried 4-0. D. ADOPT RESOLUTION NO. 2022-134 APPROVING 2023 TO 2032 CAPITAL IMPROVEMENT PLAN Getschow introduced the item and invited Finance Manager Tammy Wilson to continue the Staff presentation. He noted the entire Capital Improvement Plan is available in the packet, on the website, and in print form. The plan is merely a plan, and most of the projects included in the plan will come back to the Council individually. CITY COUNCIL MINUTES December 6, 2022 Page 11 Wilson explained the purpose of the Capital Improvement Plan (CIP) is to plan for capital maintenance and improvements, provide consistent investment in city equipment, facilities, and infrastructure, and preserve and expand capital in a way that is sustainable and affordable for Eden Prairie residents. Wilson noted the City plans for capital maintenance and improvements by preparing a capital improvement plan (CIP). The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities, and infrastructure. It sets forth the estimated schedule, timing, and details of specific improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. It is a working plan and as circumstances warrant actual spending will differ throughout the period. All projects over $20,000 are brought back to the City Council at the time of execution for final review and approval. Wilson explained the City has implemented the following policies to provide guidance to meet its goals. The City will confine long-term borrowing to capital improvements or projects that cannot be financed from current revenues. Where the issuance of long-term debt is required, it will pay back the bonds within a period not to exceed the expected useful life of the project. Wilson added the City will maintain a sound relationship with all bond rating agencies and will keep them informed about current capital projects. The City has the highest rating possible of AAA from Moody’s investor services and AAA from Standard and Poor’s. The City will maintain a ten-year Capital Improvement Plan for all projects over $25,000 and will update the plan every two years. Additionally, liquor profits are a dedicated funding source of the Capital Improvement Program. Wilson noted the previous CIP was $299,434,062, and the proposed CIP is $303,293,555. There are a number of funding sources such as Federal, Pavement Management Fund, and Capital Maintenance and Reinvestment Fund. Narayanan asked if the budget is rolling and updated. Getschow confirmed the CIP is updated every two years on a rolling basis. Wilson stated Public Works projects include Dell Road, Scenic Heights Road, Riverview Road, traffic signal on Prairie Center Drive and Franlo, CSAH I Pioneer Trail, water meter change out, wells 17 and 18, and Eden Prairie Road watermain replacement. Narayanan asked what happens if the projects come in under budget. Wilson stated the plan will be updated every two years. If money wasn’t spent through the CIP, it will be carried over to the next CIP. CITY COUNCIL MINUTES December 6, 2022 Page 12 Ellis added there is a formula for State aid. Typically, the City will use their own funds and then spend down their own account. A portion can go toward maintenance projects and some on development. There is an annual allocation based on the needs of the City. Wilson noted the pavement management includes maintenance of 580 lane miles of City streets, overlays, sealcoats, reclamation, underseals, fog seals, upgrading Pioneer Trail, Prairie Center Drive, and Duck Lake Trail. Wilson stated Parks and recreation improvements are generally funded through fees for services. Planned projects include Miller Park Court facility, Round Lake building construction, play equipment replacement, trail maintenance, new trains and sidewalks, and hard-court maintenance. Wilson pointed out Public Safety Department projects would include a police remodel, mobile command center replacement, UAS equipment, radio replacement, five fire engines, two skeeter trucks, one ladder truck, and one lower truck. Case noted drones can help responders get to the scene faster than squad cars. He asked if Eden Prairie has that technology. Police Chief Sackett stated there are programs throughout the country working through FAA programs, but there are no active programs in Minnesota. Eden Prairie has several restrictions due to Flying Cloud Airport. Toomey asked when the Police Department remodel is supposed to take place. Wilson stated the project is planned for 2025. Getschow pointed out the planning has already begun, and Council will begin to see presentations in 2023. Narayanan asked if the police camera project has been completed. Getschow stated the body and squad cameras have been fully implemented, but they need to be replaced every five years. Wilson stated sustainability CIP items include Rink I ice plant and flooring, LED lighting, HVAC systems in City Center, Art Center, and Fire Station I, electric vehicle charging stations, geothermal heat and cooling at Water Treatment Plant, and vehicle replacement with electric vehicles when possible. Freiberg asked how much it would cost to replace the public safety vehicles. Wilson stated it is about $1.1-$1.3 million per fire vehicle. Freiberg asked what skeeter trucks are. Fire Chief Gerber stated the skeeter trucks are similar to utility vehicles. They would be replaced to augment CITY COUNCIL MINUTES December 6, 2022 Page 13 response to the airport. It would also be able to provide better response to other areas of the City. Each costs about $400,000. The other types of trucks provide different services and access to service scenes. Case asked if they are charging the airport for the fire services. Getschow stated the City doesn’t charge the airport for any services. Wilson added Eden Prairie has been Moody’s Investors Service AAA Rating since 2003 and the AAA from Standard and Poor’s since 2014. There were no comments from the audience. MOTION: Narayanan moved, seconded by Toomey to close the public hearing, and to adopt Resolution No. 2022-134 approving the 2023 to 2032 Capital Improvement Plan. Narayanan stated the CIP is important. Residents love the City because of the amenities and the management of the amenities. Freiberg agreed the CIP was forward-thinking and well-explained. VOTE ON THE MOTION: Motion carried 4-0. E. ADOPT RESOLUTION NO. 2022-135 FOR THE MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 14 WITHIN PROJECT AREA NO. 5 Getschow explained the item is the same as presented at the HRA meeting. The Council must also hold a hearing and vote on it. The item is for the Tax Increment Financing District No. 14 is a housing tax increment financing district established in 1997. There were no comments from the audience. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2022-135 modifying the Tax Increment Financing Plan for Tax Increment Financing District no. 14 within Redevelopment Project No. 5. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Case voting “aye.” CITY COUNCIL MINUTES December 6, 2022 Page 14 XI. ORDINANCES AND RESOLUTIONS 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: Freiberg moved, seconded by Narayanan to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:05 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: IX.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below New On-Sale Wine with Strong Beer & 3.2 Beer License – New Ownership Licensee name: BPK Foods, LLC (Formerly Bombay Pizza Kitchen LLC) DBA: Bombay Pizza Kitchen 16518 West 78th Street Approval is contingent upon receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement 2023 Renewal Licenses Commercial Kennel Camp Bow Wow Eden Prairie 10100 Viking Drive #200 Hound Dog Pet Hotel 13013 Valley View Road Kingdale Kennels, Inc 6574 Flying Cloud Dr Paws LLC DBA: Paws Doggy Daycare 6340 Industrial Dr #100 Wag ‘n Woofs, LC 7071 Shady Oak Rd Private Kennel Becky Beiersdorf 6961 Raven Court Andrew & Cindy Costigan 9980 Dell Road Michael Kelley 8575 Big Woods Lane Reid & Jeanne Mandel 10541 East Riverview Road Frank & Lyndy Newcomb 6721 Lochanburn Road Nancy Parker 7402 Bittersweet Drive CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of City Manager Administration ITEM DESCRIPTION: Designate Official Meeting Dates, Times and Locations for Board & Commission Meetings ITEM NO.: IX.B. Requested Action Move to: Adopt Resolution designating the official meeting dates, time and location for City Council appointed Boards and Commissions during 2023. Synopsis The schedule of regular meetings for the City’s Boards and Commissions is established by the City Council on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2023 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights and Diversity Commission will meet at the Eden Prairie Center mall, Housing and Human Services Office. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Local Board of Appeal and Equalization Wednesday, April 5 Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, July, and October) Heritage Preservation Commission 3rd Monday (4th Monday of January and February) Human Rights & Diversity Commission 2nd Thursday Parks, Recreation & Natural Resources Commission 1st Monday (2nd Monday of January, July, and September) Planning Commission 2nd and 4th Mondays (No meeting on 4th Monday of December) Sustainability Commission 2nd Tuesday ADOPTED by the Eden Prairie City Council this 3rd day of January 2023. ______________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Authorize Treasurer or Deputy Treasurer to Invest City of Eden Prairie Funds ITEM NO.: IX.C. Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Authorize Treasurer or Deputy Treasurer to Make Electronic Fund Transfers for the City of Eden Prairie ITEM NO.: IX.D. Requested Action Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Authorize City Officials to Transact Banking Business ITEM NO.: IX.E. Requested Action Move to: Adopt the resolution authorizing the persons holding the office as Mayor, Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Designate Official Depository ITEM NO.: IX.F. Requested Action Move to: Adopt the resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Authorize Use of Facsimile Signatures by Public Officials ITEM NO.: IX.G. Requested Action Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor, the City Manager and the Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Ronald A. Case, Mayor Rick Getschow, City Manager Tamara Wilson, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Authorize Payment of Certain Claims by Finance Department Without Prior Council Approval ITEM NO.: IX.H. Requested Action Move to: Adopt a resolution authorizing payment of certain claims by the Finance division without prior Council approval. Synopsis This resolution requires approval on an annual basis. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Resolution Authorizing the Expenditure of Fiscal Year 2022 and 2023 Opioid Settlement Funds ITEM NO.: IX.I. Requested Action Move to: Adopt Resolution authorizing the Expenditure of Fiscal Year 2022 and 2023 Opioid Settlement Funds. Synopsis On January 4, 2022 the City adopted Resolution 2022-13 to support and opt-in to the national opioid settlements, and to ratify the City Manager’s execution of (1) opioid litigation settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Johnson & Johnson, and (2) Memorandum of Agreement (“MOA”) between the State of Minnesota and local governments relating to the distribution of settlement funds to fight the opioid crisis. Minnesota will receive settlements over the next 18 years with the vast majority paid directly to cities and counties. Distribution within Minnesota will be determined by the MOA. Settlement payments started in October 2022. Settlement funds received by the State of Minnesota are to be distributed as follows: A. Seventy-Five percent (75%) of the funds, subject to a 7% reduction for funds held for the special opioid abatement backstop account, will be paid directly to counties and participating cities. B. Twenty-Five percent (25%) of the funds will be paid to the State of Minnesota and will go into a special opioid abatement account. The allocation percentages to which each city and county in Minnesota that participates is to receive, including Eden Prairie, was determined by counsel for the subdivisions negotiating the national settlement agreements and were calculated using data to reflect the impact of the opioid crisis on the subdivisions. Eden Prairie’s percentage of the settlement funds, is approximately 0.255%. Eden Prairie may use the opioid settlement funds on a number of pre-approved uses detailed in the MOA, including: opioid prevention, treatment of use, support of people in treatment and recovery, connections to care, address the needs of criminal justice for involved persons, address the needs of the perinatals, caregivers and families with babies with neonatal opioid withdrawal syndrome. While the MOA sets forth a list of settlement fund uses, they are not exclusive. Per the MOA, the City shall create a separate special revenue fund that is designated for the receipt and expenditure of Opioid settlement funds. This fund shall not be commingled with any other money or funds of the City. The City shall also pass a separate resolution authorizing the expenditure of a stated amount of Opioid settlement for a stated period of time. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ RESOLUTION AUTHORIZING THE EXPENDITURE OF FISCAL YEAR 2022 AND 2023 OPIOID SETTLEMENT FUNDS WHEREAS, on January 4, 2022, the City Council of the City of Eden Prairie (“City”) adopted Resolution No. 2022-13 approving the City’s participation in national opioid litigation settlements and execution of the Minnesota Opioids State-Subdivision Memorandum of Agreement (“MOA”) regarding use of settlement funds (the “Opioid Settlement”); and WHEREAS, the MOA requires the City to pass a resolution authorizing the expenditure of Opioid Settlement funds and specifying the activities that will be funded; and WHEREAS, the City has developed a proposal for the use of Opioid Settlement funds in 2022 and 2023. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie approves and authorizes the following expenditures of funding from the Opioid Settlement for the years 2022 and 2023: ADOPTED by the City Council of the City of Eden Prairie this 3rd day of January, 2023. ______________________________ Ronald A Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk Funding Level (Up to) PART ONE; TREATMENT B. Support People in Treatment and Recovery 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed in section B 25,000.00$ PART THREE: OTHER STRATEGIES I. First Responders 1. Law enforcement expenditures related to the opioid epidemic 25,000.00$ 50,000.00$ Opioid Remediation Uses Per MOA CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT / DIVISION: Rick Getschow, Office of the City Manager/City Manager ITEM DESCRIPTION: Approve an agreement for services with the Fencing Consortium ITEM NO.: IX.J. Requested Action Move to: Approve an agreement for services with the Fencing Consortium Synopsis In early 2022, cities, counties, and other governmental entities in the seven-county metro area formed a Fencing Consortium to provide anti-scale fencing. Eden Prairie adopted the Fencing Consortium Joint Powers Agreement on May 17, 2022. The intent of the Fencing Consortium is to provide anti-scale fencing within hours, not days, around potentially impacted government building(s) in response to a critical incident. The City has been appointed as the fiscal agent for the Fencing Consortium which entails performing the accounting and finance duties for the Consortium. This agreement will begin on the date of signature and will continue until either party terminates the agreement. The Consortium will pay the City $6,000 annually with each party having the option to cancel the agreement with 30-60 days notice. Attachment Agreement for Services Page 1 of 6 Agreement for Services This Agreement for Services (“Agreement”) is made by and between the Fencing Consortium, a joint powers entity formed pursuant to Minn. Stat. § 471.59 (hereinafter “Consortium”) and City of Eden Prairie, Minnesota, whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, (hereinafter “City”). Consortium and City may hereinafter be referred to individually as a “party” or collectively as the “parties.” In consideration of the mutual promises and agreements contained herein, Consortium and City agree as follows: 1. Scope of Services. City agrees to provide services as the fiscal agent for Consortium (“Services”). The scope of the Services to be provided under this Agreement is described in the attached Exhibit A, which is incorporated herein. City shall report to Consortium’s Joint Board and will work with Consortium’s Directors and other staff as needed to complete the Services. 2. Term. The term of this Agreement begins on the date of the last party to execute it and continues until either party terminates the Agreement as provided herein. 3. Compensation for Services. For providing the Services, Consortium shall compensate City a flat fee of $6,000 per year, for each year of this Agreement. Payment is due within 30 days of invoice by City, beginning July 2023. 4. Consortium Information. Consortium agrees to provide City with the complete information needed by City to properly perform the Services. Consortium agrees to do or comply with each of the following: a. Consortium shall provide all information related to the Services as requested by City in a reasonable period of time to allow City to provide the Services in a timely manner. b. All information provided by Consortium to City shall be accurate and correct to the best of Consortium’s knowledge. c. Consortium shall notify City of any timelines or decisions that affect the timing or delivery of the Services. 5. Termination. Either party may terminate this Agreement for any reason upon 60 days written notice provided to the other party. 6. Indemnification. Consortium agrees to defend, indemnify, and hold harmless City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Consortium and/or those of Consortium employees or agents. City agrees to defend, indemnify, and hold harmless Consortium against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of City and/or those of City employees or agents Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Page 2 of 6 Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Insurance. Each party shall, during the entire term of this Agreement, maintain commercial general liability insurance in the amount of not less than $1,500,000 per occurrence, workers’ compensation insurance (to the extent required by law), and such other insurances as the party may deem appropriate for itself. The parties agree the liability policy provided by the League of Minnesota Cities Insurance Trust is sufficient to satisfy the insurance requirements of this Agreement. 8. Ownership of Documents. All information and reports generated in connection with the performance of the Services (collectively, the “Information”) shall become the property of Consortium, but City may retain copies of such Information as records of the Services provided. Both Consortium and City may use the Information for its own purposes consistent with the nature of this Agreement. 9. Independent Contractor. The parties agree City is providing the Services as an independent contractor. City employees providing the Services are not employees of Consortium and are not entitled to any rights of tenure, workers’ compensation, unemployment compensation, or other benefits from Consortium. 10. Legal Compliance. Each party agrees to comply with all applicable laws in carrying out their respective obligations under this Agreement. 11. Conflicts. No officer, official, or employee of the either party shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 12. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 13. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of Consortium’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with Consortium’s public purpose mission. The entire agreement of the parties is contained herein. This Agreement 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 Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 14. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 15. Non-Discrimination. During the performance of this Agreement, neither party shall Page 3 of 6 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. 16. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if Consortium directs its notice to City’s City Manager or City directs its notice to Consortium’s Joint Board Chairperson. 17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 18. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 19. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of both parties relevant to this Agreement are subject to examination by Consortium, granting agencies, and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13 (“Act”). All government data, as defined in the Act, which is created, collected, received, stored, used, maintained, or disseminated by Consortium or City as part of the performance of this Agreement is subject to the requirements of the Act and both parties shall comply with those requirements. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Page 4 of 6 The parties have executed this Agreement effective as of the date of the last party to sign it. CITY OF EDEN PRAIRIE __________________________________________ Mayor ___________________________________________ City Manager Date:_______________________________________ FENCING CONSORTIUM _________________________________________ Chair ________________________________________ Secretary Date:_______________________________________ Page 5 of 6 Exhibit A - Scope of Services The scope of Services City is to provide Consortium includes the following: • Use City’s financial system to process and keep Consortium’s financial activity • Hold the Fencing Consortium funds. • Tracking of City staff’s time on Fencing Consortium-related work for annual reporting to Fencing Consortium Joint Board (“Board”) • Provide electronically quarterly financial reports to the Board o Balance sheet and income statement • Prepare and distribute invoices to Fencing Consortium Member Agencies (currently 28 as of 12/5/2022) o Invoices must be sent out no later than January 15th for the year with the assessment that is being imposed. Invoices may be emailed to Members (i.e. no postage costs).  NOTE: The Board must adopt its final budget no later than August 31st. Invoices can be prepared anytime between this date and January 15th of the following year. Only one invoice will be sent out per year. o Payments are due within 45 days of receipt • Pay vendors. Estimated to be: o Four times per year for the fencing vendor o One time per year for insurance o One time per year for audit o One time per year for fiscal agent (City of Eden Prairie) o Two times per year for the fencing vendor for training-related costs • Process receipts, disbursements, W-9’s, and 1099’s. • Coordinate annual audit • Attend Fencing Consortium Board meeting, if requested o Not anticipated to occur more than twice per year • Assist with needed grant paperwork if State Funding is obtained o Anticipated to be one time only within the next 5 years • Assist with and prepare annual budget o Proposed budget is due no later than June 1st o Members may submit written comments to the Board by no later than July 1st o Board must adopt the final budget no later than August 31st. The scope of work for the Fencing Consortium Board includes the following: • Designate a primary contact for City (Fencing Consortium Secretary/Treasurer) • Provide direction to City on financial reporting and budgeting • Provide City with Fencing Consortium contact list for emailing of invoices for annual dues Page 6 of 6 Both City and Consortium Board will: • Participate in process changes to improve efficiency • Assist with and code invoices timely; • Review this Agreement cost and scope annually to verify it still accurately reflects the needed and provided services. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Lease Agreement with the Metropolitan Airports Commission for Flying Cloud Fields ITEM NO.: IX.K. Requested Action Move to: Authorize entering into Lease Agreement with the Metropolitan Airports Commission (MAC) for Flying Cloud Fields through December 31, 2023. Synopsis Staff is currently working with MAC staff to draft a longer-term lease for City Council and MAC Board consideration. This lease is intended to allow for continued athletic association use during negotiations. Background Flying Cloud Fields are owned by the Metropolitan Airports Commission. The property has been used by community athletic associations and leased by the City of Eden Prairie since 1964. The fields are currently used by the Soccer Club, Soccer Association, Football Association, Lacrosse Association, Baseball Association, and Miracle League Field participants. Attachment Athletic Fields Lease Agreement 1 ATHLETIC FIELDS AREA LEASE AGREEMENT THIS ATHLETIC FIELDS AREA LEASE AGREEMENT (“Lease”) is made between the Metropolitan Airports Commission (“Commission”), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie (“City”), as Lessee. WITNESSETH: WHEREAS, pursuant to a Memorandum of Understanding (“MOU”) dated December 17, 2002, the City leased the property shown on attached Exhibit A from the Commission for athletic fields pursuant to leases entered into in 2010 as subsequently amended and extended; and WHEREAS, the 2010 leases expired on December 31, 2020, and the City and Commission entered into a short-term lease that commenced May 1, 2021, and expired December 31, 2021; and another short-term lease commencing January 1, 2022, and expiring December 31, 2022; and WHEREAS, the City and the Commission are in negotiations regarding the future of a lease for the property and the Commission is in the midst of long-term comprehensive planning for the Flying Cloud Airport that may affect use of some or all of the leased property; and WHEREAS, the City desires to use the property to operate athletic fields for the 2023 athletic season and the Commission is willing to lease the property to the City for one-year to allow the long-term comprehensive planning and negotiations regarding the future of a lease for the property to advance; and WHEREAS, this Lease was authorized by the Commission on __________________, 2022. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, the following portions of the lands constituting Flying Cloud Airport (“Airport”) in Hennepin County, Minnesota, totaling approximately 65 acres, more particularly described as follows (“Premises”): A. Lease Area 1 (“Expansion Area”) That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 619.08 feet to the beginning of the land to be described; thence North 25 degrees 24 minutes 54 seconds East a 2 distance of 130. 77 feet; thence North 9 degrees 37 minutes 04 seconds East a distance of 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet; thence North 23 degrees 39 minutes 26 seconds West a distance of 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 331. 31 feet; thence North 61 degrees 24 minutes 58 seconds West a distance of 90.45 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98 feet; thence South 77 degrees 08 minutes 46 seconds West a distance of 208. 97 feet: thence South 1 degree 01 minutes 47 seconds East a distance of 433.95 feet; thence South 88 degrees 58 minutes 13 seconds West a distance of 200.00 feet to the easterly right of way line of H. C. S.A.H. No. 4; thence South 1 degree 01 minutes 47 seconds East along said easterly right of way line a distance of 1210. 16 feet; thence North~86 degrees 30 minutes 19 seconds East a distance of 316.86 feet; thence North 43 degrees 48 minutes 41 seconds East a distance of 454.24 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 141. 12 feet to the point of beginning. As designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a part hereof. The Premises shall be subject to the reservation of an access easement in favor of the MAC or its assigns over, under and across the area cross-hatched and depicted in the attached Exhibit B (the "Access Easement"). The Access Easement is intended to be used to construct and maintain vehicular access to the MAC parcel to the north of the Premises. The portion of the Access Easement that is existing roadway shall continue to be maintained at the sole cost and expense of the City at all times relevant to the term of this Lease. B. Leased Area 2 That part of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 21, Township 116, Range 22, and that part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the South line of the Southeast Quarter of the Southwest Quarter of said Section 21 a distance of 619.08 feet to the beginning of the land to be described; thence North 25 degrees 24 minutes 54 seconds East a distance of 130.77 feet; thence North 9 degrees 37 minutes 04 seconds East a distance of 298. 26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence 3 North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet; thence South 23 degrees 39 minutes 26 seconds East a distance of 0.65 feet; thence South 66 degrees 56 minutes 19 seconds East a distance of 72.46 feet; thence North 68 degrees 03 minutes 41 seconds East a distance of 36. 18 feet; thence South 70 degrees 29 minutes 07 seconds East a distance of 47.68 feet; thence South 65 degrees 52 minutes 46 seconds East a distance of 202.92 feet; thence South 64 degrees 53 minutes 29 seconds East a distance of 190.40 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 503.52 feet; thence South 58 degrees 42 minutes 09 seconds East a distance of 90.45 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 271.03 feet; thence South 60 degrees 35 minutes 56 seconds East a distance of 59.29 feet; thence South 21 degrees 56 minutes 19 seconds East a distance of 40.07 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 57.28 feet; thence North 68 degrees 03 minutes 41 seconds East a distance of 20.98 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 52.94 feet; thence along a tangential curve, concave northeast, having a radius of 85.00 feet, a central angle of 52 degrees 00 minutes 23 seconds and a length of 77. 15 feet; thence along a reverse curve, concave southwest, having a radius of 155.08 feet, a central angle of 52 degrees 00 degrees 23 seconds and a length of 140.76 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 17.28 feet; thence South 29 degrees 13 minutes 44 seconds West a distance of 180.40 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 47.49 feet; thence South 44 degrees 42 minutes 35 seconds West a distance of 219.41 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 174.27 feet; thence South 69 degrees 38 minutes 32 seconds West a distance of 379.90 feet; thence North 63 degrees 30 minutes 44 seconds West a distance of 1151.52 feet; (hence North 25 degrees 24 minutes 54 seconds East a distance of 141. 12 feet to the point of beginning. As designated "Lease Area 2" on the plat attached hereto as Exhibit A and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the maintenance and operation of ball diamonds, soccer, football, and lacrosse fields and associated ancillary uses. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 4 3. TERM. The term of this Lease shall be one year, commencing January 1, 2023, and expiring December 31, 2023. There shall be no renewal or hold over of this Lease, and Commission is not obligated to provide notice of expiration. Unless a new lease is reached, the City shall have 90 days after expiration or termination of this Lease within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. 4. ASSIGNMENT OF LEASE. The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. In addition to the Premises, it is understood that certain aspects of the ball fields are located off the Premises, including temporary fence, storm sewer culverts and aprons, and infiltration/drainage ditches, as shown in the plans and specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February 10, 2000. These structures are understood to be included as previous improvements to the Premises, for which the City shall maintain and operate, and repair and replace as necessary the personality, equipment and fixtures of a non-permanent nature as are incident to the development of the Premises for the authorized uses, including grading, seeding or sodding as required and construction of physical improvements thereto and thereon, all at no cost to the Commission and subject to removal by Lessee of all property, equipment and fixtures and, if necessary, the restoration of the Premises on termination of this Lease. If maintenance of the detention pond, into which the ball field drainage empties, becomes necessary, the City will pay a pro-rata portion of the expenses. The pro-rata portion will be the estimated amount of drainage into the pond from the ball fields of the total drainage into the pond. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. The City will provide for the storm water retention needs relating to the Premises. All work shall be carried on at such time or times and under such control as the Commission’s Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. 5 All work shall be completed at City’s cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City’s cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting from such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay in advance an amount of $17,821.50 for the term of the Lease. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City’s use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission’s grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers’ 6 compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the greater of (i) the amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City’s construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a 7 height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. [DELETED.] 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. In addition, Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises to allow Commission (or its agents and employees or contractors) to perform due diligence activities on the Premises, so long as such activities do not materially interfere with City’s use of the Premises. 8 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) “left over” from City’s use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City’s operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC’s costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE. All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: Joe Harris 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie, MN 55344 Either party may change the party’s address for notice by providing written notice to the other party. 20. WAIVER. The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 9 21. COMMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 22. RIGHT OF FLIGHT / NOISE. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 23. ADDITIONAL FAA REQUIRED PROVISIONS Performance of Services on Aircraft. It is clearly understood by Tenant that no right or privilege has been granted which would operate to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform, in accordance with MAC policies. General Civil Rights Provision. The Tenant agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the Tenant transfers its obligation to another, the transferee is obligated in the same manner as the Tenant. This provision obligates the Tenant for the period during which the property is owned, used or possessed by the Tenant and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Title VI Clause for Use of Real Property. The Tenant for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Tenant will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. 10 With respect to this Lease, in the event of breach of any of the Nondiscrimination Acts and Authorities, MAC will have the right to terminate the lease and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had never been made or issued. Title VI Clause for Construction/Use/Access to Real Property. The Tenant for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Tenant will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. With respect to this Lease, in the event of breach of any of the above nondiscrimination covenants, MAC will have the right to terminate the Lease and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. Civil Rights – Title VI Assurance. During the performance of this contract, the Tenant, for itself, its assignees and successors in interest (hereinafter referred to as the "Tenant") agrees as follows: 1. Compliance with Regulations. The Tenant will comply with Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Tenant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub-contractor, including procurement or materials and leases of equipment. The Tenant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the Tenant for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential sub-contractor or supplier will be notified by the Tenant of the Tenant’s obligations under this contract and the Nondiscrimination Acts and Authorities. 11 4. Information and Reports. The Tenant will provide all information and reports required by the Nondiscrimination Acts and Authorities and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by MAC or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Tenant is in the exclusive possession of another who fails or refuses to furnish this information, the Tenant will so certify to MAC or the Federal Aviation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Tenant’s noncompliance with non-discrimination provisions of this contract, MAC shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to; (a) Withholding payments to the Tenant under the contract until the Tenant complies; and/or (b) Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions. The Tenant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Nondiscrimination Acts and Authorities. The Tenant will take action with respect to any subcontract or procurement as MAC or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Tenant becomes involved in, or is threatened with litigation by a sub-contractor, or supplier because of such direction, the Tenant may request the MAC to enter into any litigation to protect the interests of the MAC. In addition, the Tenant may request the United States to enter into such litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this contract, the Tenant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Tenant”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose 12 property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Operators, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 13 IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By________________________________ Eric Johnson Director of Commercial Management and Airline Affairs Date______________ CITY OF EDEN PRAIRIE By________________________________ Ronald A. Case, Mayor Date________________ By _________________________________ Rick Getschow, City Manager Date ________________ 14 EXHIBIT A PREMISES 15 EXHIBIT B Requested Action Move to: Approve quote and authorize entering into a contract for goods and services for the purchase and installation of audio equipment for the Aquatics Center from iSpace Environment with 1 year support for $41,115.82 Synopsis: The Aquatics Center at the Community Center is used for large swim meets by the high school and Foxjets Swim Club, and daily programming such as water aerobics that require reliable audio equipment. The current audio equipment is not consistently operational and proved ineffective for the majority of 2022. Installation will unify the audio that projects into the lap pool, dive pool, and the recreation pool all on to one system. A simplified user interface will control the system, allowing for better navigation for staff. Evaluation Process: Staff conducted walkthroughs with vendors to solicit options for the best method to provide a quality and reliable sound system for the aquatics area. The quote provided by iSpace Environment was the most comprehensive and most compatible with the current components that remain operational. The recommendation to go with iSpace Environment is also based on the quality and satisfaction with audio systems they’ve installed in other aquatic facilities. Quotes Submitted TOTAL EPA $43,960.00 iSpace Environments $41,115.82 Bluum $36,888.30 Attachments Contract for Goods and Services CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Valerie Verley, Community Center Manager, Parks and Recreation ITEM DESCRIPTION: Purchase and Install Pool Audio Equipment for Aquatics Center ITEM NO.: IX.L. 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 3rd day of January 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and iSPACE Environments, a Minnesota corporation (hereinafter "Vendor") whose business address is 3701 Wayzata Blvd, Suite 425, Minneapolis, MN 55416. 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 Community Center Pool Audio Updates (13868.002) 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 February 13, 2023. 3.Compensation for Services. City agrees to pay the Vendor a fixed sum of $41,115.82 as full and complete payment for the goods, labor, materials, 1 year service agreements 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 FinePoint Technology to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [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. 7.Insurance. Standard Purchasing Contract 2017 06 01 Page 2 of 5 a.General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b.Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c.Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8.Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9.Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10.Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11.Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12.Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13.Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14.Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15.Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16.Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17.Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18.Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19.Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20.Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21.Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22.Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23.Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24.Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25.Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26.Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27.Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28.Statutory Provisions. a.Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b.Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29.Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________Account Executive Community Center Pool - Updates City of Eden Prairie 12/2/2022 Emily Jenkins emily.jenkins@ispaceenvironments.com 763.291.9844 Quote Date: WORKPLACE TECHNOLOGY QUOTE 13868.002Project #: 152128MN State AV Contract: Quote expires thirty (30) days from date of quote shown above Exhibit A SCOPE OF WORK Eden Prairie Community Pool Audio: iSpace will upgrade the audio system with a new shared audio processor. New amplifiers will be installed in each closet to power the existing speakers. System will be tuned and balanced. *No issues were found with the current speakers. Audio inputs will be as follows: Lap Judge Booth 2-port XLR Plate Bluetooth and headphone input Dive Pool Bluetooth and headphone input Office Bluetooth and headphone input Rec Pool Bluetooth and headphone input A new wireless handheld and headset microphone will be installed in the Lap Pool. Audio can got to both pools if desired, but the mics will be dependent on the 300ft line of site range. Control: The pool office will have a 7-inch touch panel that will control audio for both pools. This will be an easy-to-use control over the sources and microphones for the pools. Zone and level controls for all the zones to be programmed. Owner can provide or us an iPad to control the system (iPad will mirror touch panel controls). Network: Owner to provide a VLAN and switching for the AV equipment. This will provide a seamless network between closets and the city network. Option: Redundant Audio Processing With this add on, it would provide back up audio processing and amplifiers in the event one fails. Disposal: Customer to provide access to cardboard/package recycling/disposal on site for job related items. Pro-Services: iSpace Environments will provide professional services which include Engineering/Design Labor, Project Management Labor, Installation Labor and Programming Labor. Pricing is based on work performed during a standard business day between 8:00 am – 5:00 pm, Monday through Friday. If changes to project timelines require work done after hours or on weekends, a change order will be initiated for OT at a rate of 1.5 times the standard rate. Additionally, work is planned based on a concurrent schedule. If customer or other contractor interruptions to planned schedule occur, a change order will be initiated to cover additional travel costs and labor hours. Travel & Shipping: Unless otherwise specified, travel will be charged on your final invoice as a passthrough of iSpace Environments’ cost. Training: Formal training and training materials are not included in the final proposal price unless Complete Care contract or Training is purchased separately. Our technicians or Project Manager will provide you with a user run through at the end of installation during signoff. Owner Requirements: Customer to provide the following to ensure the mutual success of meeting all project deliverables per specified timeline. Delays or changes in providing the below items will result in the initiation of a change order: ·Identified project champion (our main contact) ·Provides signoffs and approvals ·Provides confirmation of completion of below requested items ·Provides additional project contacts to iSpace (furniture, network/IT, phone, GC, etc.) ·Provides updates to project timeline and communicates changes in other contractor’s delivery dates ·Uninterrupted Access to room(s) ·Network drops installed, live and tested 2 days prior to iSpace’s installation date (if applicable to project) ·IP addresses assigned 5 days prior to iSpace’s installation date (if applicable to project) ·Phone lines installed, live and tested 5 days prior to iSpace’s installation date (if applicable to project) ·All iSpace Environments provided IT forms filled out and sent back 5 business days prior to start of installation date (if applicable to project) ·A specified on-site staging area supplied for the delivery and storage of equipment once installation begins. If this space is a secured space, iSpace will require access to it. Support Offering: iSpace Service Hub contracts are available for an additional purchase; options and pricing are provided on the summary page of your proposal. Complete Care contracts include unlimited service calls to our Service Hub, unlimited service visits, all replacement parts and labor, firmware updates, training, and training materials as well as one preventative maintenance visit per room per year. Change Order Process: The purpose of a change order is to make official changes to the existing SOW. Changes, additions, or deletions will initiate the need for a change order. Change orders may include additional fees or credits and may impact project completion dates, dependent on scope. iSpace Environments provides our best estimate of labor costs based on what we know of your project to-date and initially supplied timelines, which include other contractor completion dates. Pricing is based on work performed during a standard business day between 8:00 am – 5:00 pm, Monday through Friday. If changes to the project timelines require work done after hours or on weekends, a change order will be initiated for OT at a rate of 1.5 times the standard rate. Examples of changes to the timeline that would result in additional charges are: ·Construction delays as a result of another contractor ·Furniture installation completion dates ·Network drops and live date delays ·Electrical drops and live date delays ·Phone drops and live date delays ·Any other delays that prevent iSpace from starting installation per agreed upon timeline Additionally, work is planned to happen in a concurrent schedule. If customer or other contractor interruptions to planned schedule occur, a change order will be initiated to cover additional travel costs and labor hours. Once the need for a change order is identified, the iSpace team will present you with a change order document outlining additional costs (or credits) along with an updated SOW detailing what has changed. Work cannot proceed without customer approval of the change. We understand there are time sensitive situations which require all parties to move quickly and make rapid decisions to keep a project on track for timely completion. Our team will do everything they can to assist and work with you during this process, however if purchase orders are required as part of your company’s standard operating procedure, iSpace will require receipt of a purchase order prior to work commencement. Project invoicing will not be delayed during the change order process. Once all work is completed per original scope of work (SOW) and proposal, an invoice will be generated. Change orders costs will be invoiced separately. Pools QTY PRICEDESCRIPTION Audio QSC CORE NANO CORE NANO $1,534.001 Video $1,534.00Total Audio ATTEROTECH Axon D2i Dante/AES67 wall plate – 2 in (XLR + ¼” combo) $811.841 ATTEROTECH unD6IO-BT Dante/AES67 wall plate - 4 x 2 multi I/O with Bluetooth® audio $3,714.644 CABLES TO GO 12FT PRO-AUDIO XLR MALE TO XLR FEMALE CABLEMic Cable, XLR-M to XLR-F. 12 foot. $28.982 QSC CX-Q2K4-NA Processing Amplifier $4,189.002 Fitness Headset Condenser Microphone 1 SHURE SM31FH-TQG *SHURE MXW1/O Hybrid bodypack transmitter $567.901 SHURE MXW2/SM58 Handheld wireless transmitter with SM58 microphone capsule $466.101 SHURE MXWAPT2 2 Channel access point transceiver $1,116.281 SHURE MXWNCS2 Networked charging station - 2 port $536.901 SHURE SM58S Shure SM58 without Cable - includes on/off switch. $99.121 Audio $11,530.76Total Control Table Top Mounting Accessory For Tsc-70-G3 And Tsc-101-G3 1 QSC TSC-710t-G3 *QSC TSC-70-G3 High Definition Touch Screen Controller $1,670.881 Control $1,670.88Total Networking LUXUL SW-100-08P 8 Port Unmanaged PoE+ Switch $171.101 Networking $171.10Total Cabling and Hardware ISPACE ENVIRONMENTS AV Cabling & Hardware Stock Cables, connectors, hardware and job supplies. $236.001 Cabling and Hardware $236.00Total $15,142.74PoolsTotal Pools: Redundant Option PRICEDESCRIPTIONQTY GENERIC EXPCBL-6 Expansion cable the connects the X-400M to its expansion module. $59.002 GENERIC X-11s Dual, High-Powered Relay Module $1,395.947 GENERIC X-400 Web Enabled I/O Controller $587.642 Audio QSC CORE NANO CORE NANO $1,534.001 QSC CX-Q2K4-NA Processing Amplifier $4,189.002 Audio $5,723.00Total $7,765.58Pools: Redundant Option Total Project Administration QTY PRICEDESCRIPTION Project Administration ISPACE ENVIRONMENTS SHIPPING AND HANDLING Shipping and handling $600.001 ISPACE ENVIRONMENTS TRAVEL EXPENSES Travel expenses $250.001 Project Administration $850.00Total $850.00Project Administration Total $23,758.32Project Subtotal: PRO SERVICES Labor charges are based on the current Scope of Work (SOW) and discussed timeline. Changes to SOW and/or timeline may result in additional labor charges and travel fees. Delays due to construction are also subject to additional labor fees.Hourly Rates: installation $85/hr, project management $95/hr, professional/technical services $115/hr. $2,760.00MN STATE - DESIGN OFF-SITE 24 hours $3,400.00MN STATE - INSTALL ON-SITE 40 hours $7,012.50MN STATE - PROGRAMMING OFF-SITE $1,140.00MN STATE - PROJECT MGMT OFF-SITE 12 hours Date Date iSpace Environments Client: Contractor By signing this proposal, I acknowledge and agree to the terms & conditions included with this proposal on the following page. PROJECT SUMMARY $23,758.32Equipment: Pro Services: $14,312.50 Project Total: $38,070.82 Ext PriceUnit PriceManufacturer PartNumber QtyCat Ext CostUnit Cost 13868.002ADDENDUM Project #: $811.84$811.84ATTEROTECH Axon D2i 199.00 $688.00 $688.00 $3,714.64$928.66ATTEROTECH unD6IO-BT 499.00 $787.00 $3,148.00 $28.98$14.49CABLES TO GO 40060 218.00 $12.28 $24.56 $59.00$29.50GENERIC EXPCBL-6 20.00 $25.00 $50.00 $1,395.94$199.42GENERIC X-11s 70.00 $169.00 $1,183.00 $587.64$293.82GENERIC X-400 20.00 $249.00 $498.00 $236.00$236.00ISPACE ENVIRONMENTS CC123 199.00 $200.00 $200.00 $600.00$600.00ISPACE ENVIRONMENTS Ship123 199.00 $600.00 $600.00 $250.00$250.00ISPACE ENVIRONMENTS Travel123 199.00 $250.00 $250.00 $171.10$171.10LUXUL SW-100-08P 10.00 $145.00 $145.00 $3,068.00$1,534.00QSC CORE NANO 20.00 $1,300.00 $2,600.00 $8,378.00$2,094.50QSC FG-901275-00 40.00 $1,775.00 $7,100.00 $1,348.74$1,348.74QSC FG-901372-00 10.00 $1,143.00 $1,143.00 $322.14$322.14QSC FG-901525-00 10.00 $273.00 $273.00 $477.90$477.90SHURE MXW1/O 11.04 $405.00 $405.00 $466.10$466.10SHURE MXW2/SM58 11.04 $395.00 $395.00 $1,116.28$1,116.28SHURE MXWAPT2 11.04 $946.00 $946.00 $536.90$536.90SHURE MXWNCS2 11.04 $455.00 $455.00 $90.00$90.00SHURE SM31FH-TQG 11.04 $90.00 $90.00 $99.12$99.12SHURE SM58S 11.04 $84.00 $84.00 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Fiber build-out to the Outdoor Center ITEM NO.: IX.M. Requested Action Move to: Approve contract with Arvig Enterprises for construction to build out the fiber optic network to the Outdoor Center for a total cost of $73,225.63. Synopsis The Outdoor Center currently is on a DSL connection to the city network. This project will allow build-out of fiber connection enabling faster network connection and ability to provide wireless access to staff and guests. Background Information The Outdoor Center is currently setup with a DSL connection to access city network. We experience 1 – 2 major outages to this location annually on account of issues with the Lumen DSL network resulting in a loss of several hours of productivity for users and IT technicians. Moving this location to a fiber connection will allow for a stable network. Additionally, we will have ability for real-time view of security cameras with data storage on city network (instead of local storage), and stable connections for key card readers and other networking equipment. We will also have ability to provide Wifi access to staff and guests. We received quotes from Casterjon ($76,700) and Arvig ($66,898.10) for this project. Based on quotes and previous experience, the IT division recommends moving forward with Arvig for this implementation. Networking equipment will be obtained from Logis under MN state contract. The IT CIP budget for fiber will be used for this project. Cost breakdown: Arvig cost of construction (including engineering, permits and splicing): $66,898.10 Logis Network equipment: $6,327.53 Attachments Fiber Map Arvig Quote Castrejon Quote Logis Quote for Network Equipment Contract Project Name >>City of Eden Praire Outdoor Center Project Location >>Eden Prairie, MN Quote Date:6/1/2022 Date Quote Accepted Quote Valid until:7/1/2022 Accepted by (print name) Quote Total:$66,898.10 Accepted by (signature) Name:AEI Construction, Inc.Name:City of Eden Prairie Address 150 2nd Street SW Address City/State/Zip Code Perham, MN 56573 City/State/Zip Code Telephone 218-346-8404 Telephone Quoted By:Derek Geiser Contact Name James Goldenstein Install all duct, fiber and handholes to complete proposed build based on route provided. Quote includes engineering, permit processing, and splicing. All materials included Qty Unit Price Total Price Install 1.25" duct 3445 $13.25 $45,646.25 $0.00 Install 48 fiber 3745 $1.75 $6,553.75 $0.00 install 24x36x24 HH 2 $675.00 $1,350.00 Splicing 2 $875.00 $1,750.00 building entrance 1 $775.00 $775.00 Engineering 3445 $1.18 $4,065.10 total Labor Total>>$60,140.10 Qty Unit Price Total Price 1.25" duct 3445 $0.95 $3,272.75 12 fiber 3745 $0.45 $1,685.25 $0.00 24X36X24 HH 2 $575.00 $1,150.00 Splicing materials 1 $650.00 $650.00 $0.00 $0.00 $0.00 $0.00 Material Total>>$6,758.00 *Payment terms - Net 30 days Project Quotation Customer information Project Description Service Provider Project Terms Unit Description Labor Unit Description Material Unit Description Unit Description QUOTE DATE: 6/21/2022 CASTREJON INC 9201 Isanti street NE Blaine, Minnesota 55449 Tim Hickey 612-963-8447 timh@castrejoninc.com TOTAL 76,700.00$ Description DIRECTION BORE 1-1.25" HDPE DUCT FROM EXISTING HANDHOLE TO STARING LAKE OUTDOOR CENTER, INSTALL 24 STRAND SM FIBER IN NEW DUCT, 3 NEW HANDHOLE 24X36X24,1 BUILDING ENTRANCE,1 FIBER PANEL, FIBER SPLICING, TESTING AND DOCUMENTATION EDINA SCHOOL DISTRICT TO PROVIDE ALL REQUIRED PERMITS EDEN PRAIRIE SCHOOLS OAK POINT SCHOOL CASTREJON INC. WILL PROVIDE THE FOLLOWING Line #Qty Part Number Description Customer Discount List Price Customer Price Customer Extended Price 1-1 State of MN Contract 147097 Sub Total: $ - 2-1 C9200L-24PXG-4X-E 2-2 1 C9200L-24PXG-4X-E C9200L 24-p 8xmGig, 16x1G, 4x10G, PoE+, Network Essentials 60%$9,059.82 $3,623.93 $3,623.93 2-3 1 C9200L-NW-E-24 C9200L Network Essentials, 24-port license -$-$-$- 2-4 1 PWR-C5-600WAC/2 600W AC Config 5 Power Supply - Secondary Power Supply 60%$2,822.13 $1,128.85 $1,128.85 2-5 2 CAB-TA-NA North America AC Type A Power Cable -$-$-$- 2-6 2 C9200-STACK-BLANK Catalyst 9200 Blank Stack Module -$-$-$- 2-7 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment -$-$-$- 2-8 1 C9200L-DNA-E-24 C9200L Cisco DNA Essentials, 24- port Term license -$-$-$- 2-9 1 C9200L-DNA-E-24-3Y C9200L Cisco DNA Essentials, 24- port, 3 Year Term license 60%$819.96 $327.98 $327.98 Sub Total: $ 5,080.76 3-1 C9130AXI-B 3-2 1 C9130AXI-B Cisco Catalyst 9130AX Series 60%$2,673.32 $1,069.33 $1,069.33 3-3 1 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment -$-$-$- 3-4 1 AIR-AP-T-RAIL-R Ceiling Grid Clip for APs & Cellular Gateways-Recessed -$-$-$- 3-5 1 AIR-AP-BRACKET-1 802.11 AP Low Profile Mounting Bracket (Default) -$-$-$- 3-6 1 SW9130AX-CAPWAP-K9 Capwap software for Catalyst 9130AX -$-$-$- 3-7 1 CDNA-E-C9130 Wireless Cisco DNA On-Prem Essentials, 9130 Tracking -$-$-$- 230 N Milwaukee Ave Vernon Hills, IL 60061 Project:EP Outdoor Center Switch - Incident #305388 Attention:Mark Mayfield Prepared for:Logis 7800 Golden Valley Rd Golden Valley, MN 55427-4588 PRICE QUOTE QUOTE ID:594765 Revision:2 CUSTOMER ID:2979747 QUOTE DATE:07/05/2022 QUOTE EXPIRES:08/05/2022 PAYMENT TERMS:Net 30 Days FOB:Port of Origin Sales Person:Geoff Strom Phone:(312) 547-2244 Fax:(312) 881-1367 Email:AllieandGeoff@cdw.com ISR:Jesse Schmidt Phone:(920) 996-3158 Email:jesse.schmidt@cdw.com Page 1 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN THE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. Line #Qty Part Number Description Customer Discount List Price Customer Price Customer Extended Price 3-8 1 DNA-E-5Y-C9130 C9130AX Cisco DNA On-Prem Essential,5Y Term,Trk Lic -$-$-$- 3-9 1 AIR-DNA-E Wireless Cisco DNA On-Prem Essential, Term Lic -$-$-$- 3-10 1 AIR-DNA-E-5Y Wireless Cisco DNA On-Prem Essential, 5Y Term Lic 60%$443.59 $177.44 $177.44 3-11 1 PI-LFAS-AP-T Prime AP Term Licenses -$-$-$- 3-12 1 PI-LFAS-AP-T-5Y PI Dev Lic for Lifecycle & Assurance Term 5Y -$-$-$- 3-13 1 AIR-DNA-E-T Wireless Cisco DNA On-Prem Essential, Term, Tracker Lic -$-$-$- 3-14 1 AIR-DNA-E-T-5Y Wireless Cisco DNA On-Prem Essential, 5Y Term, Tracker Lic -$-$-$- 3-15 1 AIR-DNA-NWSTACK-E AIR CISCO DNA Perpetual Network Stack -$-$-$- 3-16 1 C9130-SINGLE SINGLE PACK OPTION -$-$-$- 3-17 1 C9130-OVER C9130AX OVER OPTION -$-$-$- Sub Total: $ 1,246.77 Quote Total: $ 6,327.53 PRICE QUOTE QUOTE ID: 594765 Revision: 2 Prepared for: Logis Page 2 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN THE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. AEI Construction, Inc. dba: Arvig Construction150 2nd Street SW - Perham, MN 5657366,898.10Arvig Construction Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis: The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment: List of surplus equipment. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Declare obsolete computer equipment as surplus. ITEM NO.: IX.N. Asset Type Manufacturer Model Serial Number Computer 3M SX4 EBT11P57570027 Desktop HP EliteDesk 800 G3 MXL8232NM0 Desktop HP EliteDesk 800 G3 2UA8162FBV Desktop HP EliteDesk 800 G3 MXL83224GZ Desktop HP EliteDesk 800 G4 MXL8502F2K Desktop HP EliteDesk 800 G4 MXL8502F2M Desktop HP EliteDesk 800 G4 MXL8502F27 Desktop HP EliteDesk 800 G4 MXL8502F2P Desktop HP EliteDesk 800 G3 2UA8061PT3 Desktop HP EliteDesk 800 G3 MXL8411SL2 Desktop HP EliteDesk 800 G3 2UA8162FBS Desktop HP EliteDesk 800 G3 2UA8162FBK Desktop HP EliteDesk 800 G3 MXL8232NLP Desktop HP EliteDesk 800 G3 2UA8121K08 Desktop HP EliteDesk 800 G3 MXL8411SL0 Desktop HP EliteDesk 800 G3 2UA74825T5 Desktop HP EliteDesk 800 G3 MXL8232NLS Desktop HP EliteDesk 800 G3 MXL8411SLF Desktop HP EliteDesk 800 G3 MXL8232NM2 Desktop HP EliteDesk 800 G4 MXL9362NHB Desktop HP EliteDesk 800 G3 MXL72428D4 Desktop HP EliteDesk 800 G3 MXL8411SL5 Desktop HP EliteDesk 800 G3 2UA8121K07 Desktop HP EliteDesk 800 G3 2UA8121K0G Desktop HP EliteDesk 800 G3 MXL83224GY Laptop HP EliteBook 840 G5 5CG8265K31 Laptop HP EliteBook 830 G5 5CG80817YT Laptop HP ProBook 440 G7 5CD032KWVK Laptop Dock HP 2013 UltrimSlim 5CG822YSQY Monitor Dell 1908FPt CN-0FP182-71618-81R-REMA Monitor Samsung S19B420BW Z6MXHCLD502012L Monitor ViewSonic VG2236WM-LED S53112506026 Monitor Dell 1908FPt CN-0FP182-71618-821-RMR8 Monitor ViewSonic VG2293M-LED T71162521155 Phone Vodavi STARPLUS II SJ7000051 Phone Meridian M7310 NNTM0400ABU3 Phone Meridian M7310 NNTM0400ABTO Phone Meridian M7208 NNTM04009RLO Phone Meridian M7208 NNTM04009RM1 Phone Meridian M7310 NNTM0408709T Phone Meridian M7208 NNTM04009RLA Phone Meridian M7208 PinPad Ingenico ISC 250 18071SC81417214 Router Netgear WNDR3700v3 2WR2287BA33B3 Router Netgear WNR3500 1SP3837T02A3F Tablet Apple iPad DMPRQ3NGG5WQ Tablet Apple iPad DMQL126VF18P TV Sharp LC-46SV50U 2030813285 TV Sharp LC-46SV50U 2040819355 TV Samsung UN46C6300SF Z1R83CBB205536N TV Samsung LN52B630N1F AUYM3CP5902719T UPS APC BE425M 9B1725A13826 UPS APC BackUPS 550 4B1333P40476 UPS APC BackUPS 550 4B1333P40604 UPS APC BackUPS 550 4B1615P38984 WiFi Extender Netgear WN3500RP 34L7457SA0584 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Gerald Byington, Fleet ITEM DESCRIPTION: Agreement for implementation of Fleetio (Fleet Management System) ITEM NO.: IX.O. Requested Action Move to: Approve the agreement for implementation of Fleet Management System for the Fleet Division from Fleetio in the amount of $27,513.00. Synopsis The Fleet Division is requesting the approval of a contract for the purchase and implementation of Fleetio a Fleet Management Information System. The implementation includes access to the Fleetio Manage program as well as the Fleetio Mobile App. Help with the transfer of files and information from our current system into the new Fleetio program. Training and service support. This system will replace our current system (Dossier) which is outdated and unable to be upgraded to meet our current needs. The total cost of the project is $27,513.00 and is funded from the IT CIP budget for 2023. Operational budget will be updated for the 2024-2025 budget cycle. Background We compared 3 different Fleet Management Information system software programs and Fleetio was chosen for its report structure, ease of use, upgradeability, and cost. It will also be able to interact with our EV charging system and our fuel management system for reporting and tracking purposes. The fleet portion from Elements was not easy to use and not geared much toward fleet use. It is more of an asset management not fleet management software. Asset Works was a good program but was priced very high for onboarding and annual fees. Cost Breakdown: - Annual Subscription Enterprise 500: $ 26,414.00 - Onboarding: $999.00 Attachments • Fleetio quote • Asset Works Quote Reference: 0065G00000qrQrBQAU Effective Date: December 21, 2022 Sign By Date: December 30, 2022 Account Executive: Dan Cappe Rarestep, Inc dba Fleetio 1900 2nd Avenue North, Suite 300 Birmingham, AL 35203 Software Subscription Agreement Customer Fleetio Account ID: /accountid2/ Name: Eden Prairie Billing Address: Street: /billingstreet1/ City: /billingcity1/ State / Province: /billingstate1/ Country: /billingcountry1/ Zip / Postal Code: /billingzip1/ Billing Email: /billingemail1/ Contract Subscription Start Date: February 1, 2023 Initial Term: 36 Months Renewal Term: 36 Months Cancellation Notice Period: 90 Days Subscriptions Product List Price Minimum Quantity Discounts Per Payment Amount Payment Frequency Enterprise 500 Annual Subscription $29,460.00 1 10.00% $26,514.00 Annual Onboarding Services: 250-500 Vehicles $999.00 1 $999.00 One Time Payment Collection Method Enterprise 500 Annual Subscription: Remittance Onboarding Services: 250-500 Vehicles: Remittance Credit card or bank account (ACH) must be added to automatically process payments. Instructions will be sent upon agreement completion. Payment is due in full within 15 days of receipt for all invoices. Fees Upon execution of this Software Subscription Agreement and for each Renewal Term, Customer shall pay the fees as described above. All monetary amounts are in United States dollars unless otherwise expressly stated. Term The Term of this Software Subscription Agreement shall commence on the Subscription Start Date, continue throughout the Initial Term, and automatically renew for subsequent Renewal Terms unless either party notifies the other party of non-renewal within the Cancellation Notice Period that ends at the start of the next Renewal Term. All onboarding services must be used within the 90-day period following the 1) Subscription Start Date or 2) Effective Date of this Software Subscription Agreement, whichever is later. Customer and Fleetio agree to begin onboarding services within 30 days of the 1) Subscription Start Date or 2) Effective Date, whichever is later. Agreement The parties agree to be legally bound by the GSA Terms of Service found at https://www.fleetio.com/terms/gsa (“GSA Terms”) and this Software Subscription Agreement, including any attached schedules. In the case of any conflict among the preceding documents, the GSA Terms shall govern. The GSA Terms and this Software Subscription Agreement constitute the entire agreement between the parties for the services above and cannot be modified (including by any purchase order not explicitly referenced and incorporated herein) without the prior written consent of both parties. Agreed & Accepted By: Eden Prairie /signature1/ Signed Date: /signeddate2/ Tax Exemption Information Select If Tax Exempt Customer: /taxexempt1/ Upload Tax Exempt Certificate Here: /taxcertificate1/ You must provide us with valid documentation, which we shall keep on file, before we can remove taxes from your invoice. Fleetio partners with Avalara to validate sales tax exemption certificates. It will take Avalara 3- 7 business days to validate a certificate. Once Fleetio has valid proof of exemption as permitted by applicable law, you will receive a confirmation email and will not be charged sales tax for as long as your certificate is valid. If there are any issues with the certificate, or if more information is needed, you will receive an email with detailed instructions on next steps. Please wait until the validation process is complete to enter your payment information to avoid being charged sales tax. If no tax exemption certificate is presented, your order will be taxed using the applicable tax rate for your address. Your invoice will reflect the total taxes in effect at the time of invoicing and may differ from any estimated taxes listed in this contract or other communication. Fleetio is required to charge sales tax on your order pursuant to certain state and local tax laws where it is registered to collect tax. Any applicable tax charges will appear separately on your invoice. For customers located in other U.S. states or countries outside of the U.S., your government may require you to report your purchase and pay appropriate VAT, GST, sales, and/or use tax amounts directly to them.      )(-+-!)+ )),( +/$ ,   '45?;:@>-/@;:@>-/@G5?9-01;:@41>00-E;2-:A->E .1@C11:@415@E;201: $>-5>51!5::1?;@-41>15:-2@1>$-1C4;?1.A?5:1??-00>1??5?  !5@/4188%;-001: $>-5>51!"-:0%->1?@1<:/0 . -811@5;41>15:-2@1> ()+C4;?1.A?5:1?? -00>1??5?   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IX.P. Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Allen’s Service Inc, DBA Matt’s Auto Service Synopsis This agreement for towing services will provide consistency of towing services and costs. Background For 57 years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie. Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service provides towing/impoundment services for several other local police departments. This is a renewal of the 2022 agreement. Attachment Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT: Alecia Rose, Administrative Services and Human Resources Director ITEM DESCRIPTION: Resolution and Contract with International Union of Operating Engineers Local 49 ITEM NO.: IX.Q. Requested Action Move to: Adopt Resolution and authorize entry into labor contract with International Union of Operating Engineers (IUOE) Local 49 for Eden Prairie Operating Engineers. Synopsis Negotiations occurred between the City and IUOE in the fall and winter of 2022. Through negotiations, a tentative agreement was reached and supported by staff in November 2022. Attachments Resolution City of Eden Prairie and IUOE Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING AND IMPLEMENTING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND INTERNATIONAL UNION OF OPERATING ENGINEERS (LOCAL #430) WHEREAS, the current Labor Agreement between the City and International Union of Operating Engineers (Local #49) (“IUOE”) governing Operating Engineers expires on December 31, 2022; and WHEREAS, the City and IUOE participated in contract negotiations on a new Labor Agreement governing the period from January 1, 2023 through December 31, 2025 and reached a tentative agreement in November 2022 which is attached hereto as Exhibit A; and WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: (i) the 2023–2025 Labor Agreement between the City of Eden Prairie and International Union of Operating Engineers (Local #49) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement. ADOPTED by the Eden Prairie City Council this 3rd day of January, 2023. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk 2 EXHIBIT A 2023–2025 Labor Agreement between City of Eden Prairie and International Union of Operating Engineers (Local #49) LABOR AGREEMENT Between THE CITY OF EDEN PRAIRIE And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 January 1, 2023 -December 31, 2025 Article Article I Article II Article Ill Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXll Article XXI II Article XXIV Article XXV Purpose of Agreement ................................................................ 1 Recognition ................................................................................... 1 Union Security .............................................................................. 1 Employer Security ........................................................................ 2 Employer Authority ..................................................................... 2 Employee Rights -Grievance Procedure .................................. 2 Definitions .................................................................................... 4 Savings Clause .............................................................................. 5 Work Schedules ........................................................................... 5 Overtime Pay ................................................................................ 5 Call Back Pay ................................................................................. 5 Seasonal-Emergency Disruption Pay ......................................... 6 Legal Defense ............................................................................... 6 Right of Subcontract ......................................................... , ......... 6 Discipline ...................................................................................... 6 Seniority ....................................................................................... 6 Probationary Periods .................................................................. 6 Safety ............................................................................................ 7 Job Posting ................................................................................... 7 Insurance ...................................................................................... 7 Uniforms ....................................................................................... 8 Injury on Duty ............................................................................. 8 Annual Paid Leave and Holidays ............................................... 8 Snow Days .................................................................................. 10 Waiver ........................................................................................ 10 Article XXVI Duration ..................................................................................... 11 Signatures ............................................................................................................ 11 APPENDIX A Seasonal Emergency Disruption Pay .......................................... 12 APPENDIX B Utility on Call Emergency Pay ...................................................... 13 APPENDIX C Snow Plow on Call Pay .................................................................. 14 APPENDIX D Wage Schedule ............................................................................. 15 APPENDIX E Seasonal Temporary Employees ................................................. 17 LETTER OF UNDERSTANDING-Scheduling and Overtime ................................ 18 LETTER OF UNDERSTANDING-Union Security ................................................... 19 LETTER OF UNDERSTANDING-Water Plant Twelve Hour Shift ........................ 20 LETTER OF UNDERSTANDING -Cell Phone Reimbursement ........................... 22 ARTICLE I. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; · 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. §179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Maintenance Worker Fleet Maintenance Service Worker Lead Personnel ARTICLE Ill. UNION SECURITY In recognition of the Union as the exclusive representative the EMPLOYER shall: 3.1 The UNION will obtain written authorization from the employee for the deduction from wages of union dues established by the union. 3.2 The EMPLOYER will deduct the amount authorized by the employee and remit the amount to the appropriate designated officer for the UNION commencing no later than thirty-one days with proper employee authorization. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 3.5 The City will provide reasonable space for union postings. Union stewards will be responsible for maintaining the designated space. All postings will comply with City policies, including the policy on political neutrality. 1 ARTICLE IV. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLEV. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after 2 receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten {10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty {30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 3 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized -Step 5 of ARTICLE VI or another appeal procedure -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII. DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No.49. 7.2 EMPLOYER: The City of Eden Prairie. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 7 .6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for the purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7 .8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 4 ARTICLE VIII. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Eden Prairie. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight {8) hours. The normal workweek shall be forty {40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal Division work schedule. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight {8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty {40) hours within a seven (7) day period will be compensated for at one and one-half (1Yz) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 Compensatory time is paid at 1.5 times the number of overtime hours worked. Employees may only use up to 40 hours of compensatory time consecutively in lieu of paid time off (PTO). Eight (8) hours of PTO must be used between 40-hour use of compensatory time. ARTICLE XI. CALL BACK PAY 11.1 An employee called in for work at a time other than the employee's normal scheduled shift (Refer to Section 7.9) will be compensated for a minimum of two and a half (2.5) hours' pay at one and one-half (1Y,) times the employee's base pay rate. 5 ARTICLE XII. SEASONAL/ EMERGENCY DISRUPTION PAY 12.1 Employees required by the EMPLOYER to be available for and respond to emergency work requirements and/or seasonal work schedule changes will be eligible for seasonal/ emergency disruption pay. Assignment will be at the sole discretion of the EMPLOYER and payment of seasonal/ emergency disruption pay precludes payment of standby, pager or other forms of on-call compensation. See Appendix A. ARTICLE XIII. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIV. RIGHT OF SUBCONTRACT 14.1 Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XV. DISCIPLINE 15.1 The EMPLOYER will discipline employees only for just cause. 15.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) upon his/her request is given the opportunity to have a third party present at the interview to act as a witness for the eniployee(s). ARTICLE XVI. SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions, and lay offs when all job-relevant qualification factors are equal. 16.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE XVII. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees must complete twelve (12) months of employment with satisfactory job performance AND achieve level "C" pay by demonstrating the necessary skills to move beyond the probationary period. 17.2 Every employee will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 6 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 17 .4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVIII. SAFETY 18.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 18.2 Representatives of the bargaining unit will be appointed to serve on the City Safety Committee to represent their departments. Appointment to the City Safety Committee will be based on management approval at the department head level. 18.3 Park Department employees assigned to work alone on night shifts shall be issued City radios for safety and communication purposes. ARTICLE XIX. JOB POSTING 19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 19.11 have the necessary qualifications to meet the standards of the job vacancy; and 19.12 have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVII [PROBATIONARY PERIODS]. 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XX. INSURANCE 20.1. The Employer will contribute an amount equal to that paid by the Employer to all employees (including all financial considerations as given to all employees) and life insurance options, including dependent coverage. 20.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 20.3 Dental coverage will follow guidelines set forth in the EMPLOYER'S Employee Benefit Program. 20.4 Employees will be covered under the EMPLOYER'S short and long term disability plans. 7 ARTICLE XXI. UNIFORMS 21.1 The EMPLOYER will provide a work uniform and protective clothing program for all employees. An employee uniform committee will be established and maintained to monitor and recommend program changes annually. ARTICLE XXll. INJURY ON DUTY 22.1 The EMPLOYER through its Worker's Compensation insurance plan will provide Worker's Compensation benefits as allowed by law to all employees. In addition, the EMPLOYER will provide for a period of up to ninety {90) days, the difference between the employee's normal gross wages and the worker's compensation benefit. The first three (3) days of absence to be dequcted from the employee's PTO leave. ARTICLE XXlll. ANNUAL PAID LEAVE AND HOLIDAYS 23.1 Employees will participate in the EMPLOYER'S leave programs as outlined in the employment handbook, including short -term disability, long-term disability and extended family leave. 23.2 Paid time off (PTO) will accrue on biweekly basis from the date of employment as follows: Years of Service Personal Leave Accrued Maximum Accrual Amount Years 1 through 5 5.54 hours each payroll period for a total of 144 288 hours hours per year. 7.08 hours each payroll period for a total of 184 368 hours Years 6 through 10 hours per year. Year 11 7.38 hours each payroll period for a total of 192 384 hours hours per year. Year 12 7 .69 hours each payroll period for a total of 200 400 hours per year. hours Year 13 8.00 hours each payroll period for a total of 208 416 hours per year. hours Year 14 8.31 hours each payroll period for a total of 216 432 hours per year. hours Year 15 and over 8.62 hours each payroll period for a total of 224 448 hours per year. hours 23.3 PTO will not be granted during the first six months of employment. 23.4 Personal leave of three {3) days or more must be requested two (2) weeks in advance. 23.5 When an employee is required to work on an EMPLOYER observed holiday, the employee will be given the option of eight {8) hours of holiday pay plus time and one-half (lY,) for hours worked or eight (8) hours deferred holiday time and time and one-half (lY,) for hours worked. Holidays will be straight pay for Plant Operators assigned to a rotating schedule. 8 23.6 Starting in 2010, employees, excluding water plant operators assigned to a rotating schedule, will participate in the following eleven (11) EMPLOYER observed holidays: Holiday Date Observed New Year's Day January 1" Martin Luther King's Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Christmas Eve December 24th Christmas Day December 25th On Christmas Day, Christmas Eve, New Year's Day, Independence Day, and Thanksgiving Day, all employees, including water treatment plant operators, shall receive double time the rate of pay for all hours worked when called in on a scheduled day off. All employees, including water treatment plant operators, assigned to a rotating schedule, will receive sixteen (16) hours of Floating Holiday time annually. The Floating Holiday has priority over the individual divisions PTO policy and can be used at the employee's discretion. The employee will give the supervisor a minimum of three (3) days advance notice. Floating Holiday time must be used by the first full pay period in December in the year it is accrued or it will be forfeited. Floating Holiday time can only be used in eight (8) hour increments. 23.7 Employees hired prior to July 4, 2009 will be covered under the EMPLOYER'S Legacy Benefit Policy. This policy relates to the conversion of the EMPLOYER's previous sick and personal leave programs. Included in the Policy are the following benefits: Deferred Compensation Match The following benefit will be given to EMPLOYEES based on his or her sick leave balance at the time of conversion: • Less than 800 accrued unused sick hours at the time of conversion -the EMPLOYER will match each dollar contributed by the EMPLOYEE up to 1% of the employee's base pay. • 800-1039 accrued unused sick hours at the time of conversion -the EMPLOYER will provide a lump sum payment of 1.5% of the EMPLOYEE's base pay at the end of each calendar year. • 1040 or more accrued unused sick hours at the time of conversion -the EMPLOYER will provide a lump sum payment of 2% of the EMPLOYEE's base pay at the end of each calendar year. Base pay does not include overtime and some other types of special pay. 9 Extended Illness Bank At the time of conversion, 48% of each employee's accrued unused sick leave balance was reserved in an individual extended illness bank. This bank can be used to extend the coverage provided through the EMPLOYER'S Extended Family Leave or Short-term Disability policies. Time in the extended illness bank has no cash value upon termination. ARTICLE XXIV. SNOW DAYS 24.1 When a snow emergency exists as determined by the City Manager, the City will provide transportation for the employees to and from work if it is found difficult or impossible to travel in their own vehicles and the employee is required to work for emergency reasons. ARTICLE XXV. WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. 10 ARTICLE XXVI. DURATION Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and all appendices shall be effective as of January 1, 2023 and shall remain in full force and effect until December 31, 2025. IN \l\QTNESS WHEREOF, the parties hereto have executed this AGREEMENT this l-1 day of V.eWl.Mk>a , 2022. Alecia Rose, Admin Services/ Human Resources Director FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49: Jason George, Business Manager Ron Lundberg, Steward fi[-i(/;;eward 11 APPENDIX A SEASONAL EMERGENCY DISRUPTION PAY PURPOSE: Seasonal work required to meet public service demands such as plowing, sanding, rink flooding, etc., and emergency work in response to unusual circumstances such as fire, flood, winds, snow, sleet or breakdown of municipal equipment or facilities results in additional demands on Maintenance Operation's staff. In recognition of these ongoing demands, employees will receive additional compensation in the form of Seasonal Emergency Disruption Pay (SEDP). PARTICIPATION: All fleet, parks, streets and utility section maintenance employees with valid Minnesota Driver's License. (COL where required -Plant Operations staff). AVAILABILITY REQUIREMENTS: During active months (based on seasonal requirements & public demand) employees must be available, with reasonable notice, for call backs, early starts and extended days unless the employee has a pre-approved absence. Pre-approved absences include substantiated illnesses or use of personal leave. The City will use the existing Performance Management Program and Progressive Discipline Process to manage non-conforming employees. LEVEL OF COMPENSATION: Parks, Streets, and Fleet Maintenance Workers and Utility Maintenance Workers and other shift personnel qualified as Snowplow Team Members who volunteer for plowing will receive the monthly rate below. The intent of seasonal disruption is to cover the months of November, December, January, February, March and part of April. The first week of seasonal disruption will begin the pay period that encompasses November 1 of each year and then run 24 weeks ending in April. 2023 $260.76/month 2024 $271.19/month 2025 $282.04/month Traffic Signal Specialist and Sign Specialist shall receive an additional $0.50 per hour for 28 weeks April through October when not being paid as a Snowplow Team Member. PAYMENT: Seasonal Emergency Disruption Pay will be divided into an hourly rate and added to the employee's hourly base rate of pay during active months. 12 APPENDIX B UTILITY ON-CALL EMERGENCY PAV PURPOSE: To provide on-call emergency response to support and maintain the City's Utility system. Emergencies are generally defined as malfunctions of the water supply and distribution system, sanitary sewer collection (including lift stations), and storm sewer systems (including lift stations). These emergencies generally include sewer backups, lift station malfunctions, water main and service leaks, customer service problems and other situations reported by the public, by public safety, treatment staff or supervisors. PARTICIPATION: Qualified utility section operators shall annually share equal weekly responsibilities of being on 24-hour, seven-day-per week on call status to respond to emergency situations after and before normal work hours, weekends, and holidays. The exact rotation of the on-call status will be determined with input from operators and determined by management, but will take into consideration the following factors: • All qualified operators {Step D and above) shall share in the responsibility. • Rotation will be established by December 31'', each year for the following year. • After the schedule has been established, operators may "trade" on-call duties with other qualified operators. The strong preference is to trade "7-day blocks," but 5-day and 2-day weekend trades will be allowed to accommodate personal schedules. All planned trades shall be established one week in advance with the approval of the supervisor. PTO leave substitutions will be resolved at the operator/supervisor level as required. • Reporting of substitution status to the public safety department, treatment plant staff and utility manager will be the responsibility of the individual operator initiating the change. • Subsequent rotation schedule will take into account the previous year inequities of distribution of on-call status among all qualified operators. • The goal of the final policy will be to provide high quality customer service for after hours and weekend emergencies and provide an equal distribution of the responsibility among operators. LEVEL OF COMPENSATION: $71.43/day ($500.01/week) PAYMENT: On-call emergency pay will be processed as part of the normal pay period. 13 APPENDIXC SNOW PLOW ON-CALL PAY Each week during the seasonal disruption period (November through March), a snow plow operator is assigned to carry a pager and must remain available for weather related assessment and response. Assigned operators will be compensated $71.43 per day/$500.01 per week. 14 APPENDIXD WAGES SCHEDULE Position Ranges Job Series Minimum Step Maximum Step . . .· Maintenance Worker (MW) .. Step A Step E MW -Specialty Lead MeritAA MW-Seasonal and Technical Leads Merit BB MW -Regular Lead Merit CC Mechanic StepC Step BB Mechanic Lead Step CC Water PJant Operator/Mechanic . StepC Merit BB Water Plant Lead Merit CC Step Rates . ; . Step 2023 2024 . . . A $31.57 $33.12 B $33.03 $34.62 c $34.45 $36.09 D $35.89 $37.57 E $37.32 $39.04 AA $38.21 $39.96 BB $39.64 $41.43 cc $41.47 $43.31 The City of Eden Prairie strives to stay competitive in pay with its peer cities in order to attract and retain skillful and high performing employees. Based on current and projected economic and market trends, the City of Eden Prairie will increase Local 49 wages over the duration of this Contract. Increases are broken down as follows: First Pay Period of 2023 First Pay Period of 2024 First Pay Period of 2025 Other 3% Base Wage Adjustment, $1 Market Adjustment 3% Base Wage Adjustment, $0.60 Market Adjustment 1% Base Wage Adjustment, or whatever Council approves for non-union employees, whichever is higher Employees will be eligible to move to the maximum of their assigned range providing an evaluation of their qualifications meets the established step criteria and standards. Maintenance Worker: Opportunities for training 15 required to move to the next will be provided to qualified employees on the basis of seniority. The criteria for movement from one step to the next will be determined by management based on advice and input from an advisory committee consisting of one senior level member representing each division of the bargaining unit. Assignment to a lead position will be based solely on qualifying job evaluation results and organization needs as determined by management. 16 APPENDIX E SEASONAL/ TEMPORARY EMPLOYEES Employees employed by the EMPLOYER on a seasonal or temporary basis for no more than 160 workdays per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be paid at a rate determined by the EMPLOYER for the term of their employment. Such employees will not be eligible for any benefits under this Labor Agreement between the City of Eden Prairie and Local 49 except those which may be required by law. Both parties will monitor and evaluate the change in seasonal work days over the length of the Contract. If either party believes changes are needed those changes may be discussed during the length of the Contract. DURATION: Appendix E shall be effective as of January 1, 2023 and remain in effect until December 31, 2025. 17 LETTER OF UNDERSTANDING Between LOCALNo.49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES SCHEDULING AND ASSIGNMENT OF OVERTIME. The City of Eden Prairie will provide a schedule of known overtime requirements at the beginning of each year. A schedule for special events requiring additional staff support will be posted by the end of March. ASSIGNMENT OF OVERTIME: The order for assignment of overtime will be: • First Opportunity-Division Full-time Employees • Second Opportunity-Division Seasonal Employees • Subsequent Opportunities -Other Qualified Full-time Employees ************************************************************ This LETTER OF UNDERSTANDING expires December 31'1, 2025. Date: _1?:{~)_1,f-"--/;f._?-' __ ~or~rson Date: fr/ d'1 /;;vr- -'kcia Rose Admin Services/Human Resources Director 18 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES UNION SECURITY. Union stewards shall be allowed to participate in formal negotiations with management during regularly scheduled work hours without loss of pay. The parties will work to schedule negotiating times that meet the needs of all participants. It is understood that negotiation sessions may sometimes extend beyond regularly scheduled hours. In no case, will overtime or additional compensation be paid to facilitate the negotiation process. *********************************************************** THIS LETIER OF UNDERSTANDING EXPIRES DECEMBER 31sr, 2025. Date: __,\~2f--;;r~7...,../ ?=,,___)= __ _ Date: ~'?----+'/J~1--+/~Q.._r ___ _ I I 19 Lo al No. 49 usi ess Representative Rick Getschow City Manager M Alecia Rose Admin Services/Human Resources Director LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES TWELVE HOUR SHIFTS AT THE WATER TREATMENT PLANT. Effective the pay period starting January 19, 2008, the City will implement twelve hour shifts and a four days on/four days off rotation for water treatment plant operators. The following conditions will apply: 1) Overtime will be paid for hours worked in excess of 12 hours on any day, and when treatment plant operators work in excess of 40 hours in a work week. Additional shifts worked beyond those scheduled will be treated as overtime. 2) Treatment plant operators who request PTO leave for an entire scheduled work day will use 12 hours of PTO leave. 3) Treatment plant operators who request an entire day of personal leave during a scheduled day of work will use 12 hours of personal leave. 4) In lieu of holidays or holiday premium pay, treatment plant operators will receive 40 hours of pay for the weeks they are scheduled to work less than forty hours during the 7 day work period. 5) Open shifts will be offered to each treatment plant operator based on a rotating priority list. The last person on the list offered the open shift will be expected to accept the shift. In most cases, last minute (same day) shift openings will not be filled by other operators. However, exceptions may occur during staffing shortages, emergencies or periods of peak demand as determined by treatment plant management. 6) Employees are expected to have at least 8 hours of rest prior to the start of a shift. Water treatment operators whose work shift schedule does not permit at least 8 hours of rest prior to a snow plowing notification should not respond to snow events. 7) The planned shift schedules are as outlined in the tables below. Individual schedules may be adjusted per the terms of the union contract. Summer Schedules -Mid April to Mid October Schedule Shift Shift End Start 01 5:30am 5:30pm 02 6:30am 6:30pm Nl 5:30pm 5:30am N2 6:30pm 6:30am Winter Schedules -Mid October to Mid April Schedule Shift Start Shift End Dl 6:00am 6:00pm 02 6:00am 6:00pm Nl 11:00am 11:00pm N2 11:00am 11:00pm 20 This is a new schedule and may be discontinued by either party with 90 days written notice. Both parties understand that issues may arise that were not anticipated in this letter of agreement. The parties will meet to discuss these issues as they arise. In principle, the schedule change is not intended to create any special benefits for· treatment plant operators relative to the previous schedule, Eden Prairie's general employment practices, or other provisions in the union contract. Date: \d--(lf-1/~ Rick Getschow Date: [ ~p1 /d1-- Alecia Rose Admin Services/Human Resources Director 21 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES CELL PHONE REIMBURSEMENT. The City needs a method to contact employees for emergencies, snow events, and other work-related communication. As of January 1, 2014, employees will receive a reimbursement of $15 per pay period to reimburse for the use of cell phones for City business in accordance with the Cell Phone Allowance Policy. This benefit is intended to reimburse for a portion of cell phone minutes and text messaging for business purposes; at no time is it intended to reimburse for the entire plan cost. This reimbursement is subject to taxes under IRS guidelines. If an employee does not have a functioning cell phone in accordance with City Policy, they will continue to be provided a pager in order to receive work-related communication and are expected to respond to pages. *********************************************************** THIS LETTER OF UNDERSTANDING EXPIRES DECEMBER 31sr, 2025. ~/~ y Bergerson al No. 49 u 'ness Representative Date: \ d---/-z,,1/']/Z, ick Getschow City ~anager . (}::;;y(__~=<.::::::: AlllciaROSe Admin Services/Human Resources Director 22 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE January 3, 2023 DEPARTMENT / DIVISION Scott Gerber/Fire Department ITEM DESCRIPTION Approve Changes to Eden Prairie Firefighter Relief Association (EPFRA) By- laws. ITEM NO. IX.R. Requested Action Move to: Approve change to Eden Prairie Firefighter Relief Association (EPFRA) Bylaws Synopsis Approve one change to the EPFRA Bylaws. The change is in Article II.4 Quorum 1. A majority of the Board of Trustees then in office and ten percent (10%) of all members of the Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. 2. Change made from 30% to 10% of all members and follows MN State Statues 317A.451 subd1. 3. The changes laid out in Article VII.4 shall apply beginning December 8, 2022. The EPFRA Board has made a formal motion and approved the changes on October 27, 2022. The Eden Prairie Firefighter Relief Association membership also made a formal motion and approved the changes on December 8, 2022. Attachments EPFRA Bylaws Eden Prairie Firefighter Relief Association Bylaws TABLE OF CONTENTS PAGE ARTICLE I - NAME ................................................................................................................... 1 ARTICLE II - PURPOSE ............................................................................................................. 1 ARTICLE III - GENERAL DEFINITIONS ....................................................................................... 2 SURVIVING SPOUSE .............................................................................................................. 2 FIDUCIARY RESPONSIBILITY ..................................................................................................... 2 BENEFICIARY ....................................................................................................................... 2 BOARD OF TRUSTEES............................................................................................................. 2 CALCULATION OF QUALIFYING YEARS ....................................................................................... 2 BREAK IN SERVICE ................................................................................................................ 3 YEARS OF ACTIVE SERVICE ...................................................................................................... 3 ACTIVE SERVICE ................................................................................................................... 4 TRUSTEES ........................................................................................................................... 4 DOMESTIC RELATIONS ORDER ................................................................................................ 4 PERSONAL LEAVE ................................................................................................................. 4 MILITARY LEAVE .................................................................................................................. 4 MEDICAL LEAVE ................................................................................................................... 4 ARTICLE IV - MEMBERSHIP ..................................................................................................... 5 QUALIFICATION FOR MEMBERSHIP .......................................................................................... 5 APPLICATION FOR MEMBERSHIP .............................................................................................. 5 TERMINATION OF MEMBERSHIP .............................................................................................. 5 CATEGORIES OF MEMBERSHIP ................................................................................................ 5 VOTING PRIVILEGES .............................................................................................................. 6 ARTICLE V - BOARD OF TRUSTEES ........................................................................................... 7 COMPOSITION OF BOARD ...................................................................................................... 7 TERMS OF TRUSTEES ............................................................................................................. 7 OFFICERS OF BOARD ............................................................................................................. 7 REMOVAL OF TRUSTEE OR OFFICER .......................................................................................... 8 ARTICLE VI - DUTIES OF OFFICERS .......................................................................................... 9 PRESIDENT .......................................................................................................................... 9 VICE-PRESIDENT .................................................................................................................. 9 SECRETARY .......................................................................................................................... 9 TREASURER ....................................................................................................................... 10 TABLE OF CONTENTS PAGE ARTICLE VII - MEETINGS ....................................................................................................... 11 ANNUAL MEETING ............................................................................................................. 11 REGULAR MEETINGS OF THE BOARD OF TRUSTEES .................................................................... 11 SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD ................................................................. 11 QUORUM ......................................................................................................................... 11 REPORTS AND RESOLUTIONS................................................................................................. 11 ADOPTION OF ROBERT'S RULES ............................................................................................. 11 ORDER OF BUSINESS ........................................................................................................... 11 LOCATION ......................................................................................................................... 12 ARTICLE VIII - INVESTMENTS ................................................................................................ 13 TRUSTEES’ DUTIES .............................................................................................................. 13 RESPONSIBILITIES OF TRUSTEES ............................................................................................. 13 INVESTMENT COMMITTEE .................................................................................................... 13 RESTRICTIONS TO BROKERS .................................................................................................. 13 EDUCATION PLAN ............................................................................................................... 13 ARTICLE IX - PENSION BENEFITS ........................................................................................... 14 ACTIVE DUTY AND AGE REQUIREMENTS ................................................................................. 14 DEFERRED MEMBER ........................................................................................................... 14 PENSION BENEFIT ............................................................................................................... 14 DEFINITION OF ACTIVE FIREFIGHTER ....................................................................................... 15 VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE ................................... 15 FUTURE INCREASES IN BENEFITS ............................................................................................ 16 APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT ................................................................ 16 APPROVAL ........................................................................................................................ 16 NOTICE OF INTENT TO RETIRE ............................................................................................... 17 ARTICLE X - ANCILLARY BENEFITS ......................................................................................... 18 ELIGIBILITY ........................................................................................................................ 18 DISABILITY DEFINED ............................................................................................................ 18 REPORTS REQUIRED ............................................................................................................ 18 DISABILITY OR PENSION BENEFITS .......................................................................................... 18 PROOF OF DISABILITY .......................................................................................................... 18 GRIEVANCE PROCEDURE ...................................................................................................... 18 CALCULATION OF BENEFIT .................................................................................................... 18 ENTITLEMENT TO FUTURE INCREASES ..................................................................................... 19 ARTICLE XI - DEATH BENEFIT ................................................................................................ 20 ENTITLEMENT TO BENEFIT .................................................................................................... 20 TERMINATION OF CHILDREN'S BENEFIT ................................................................................... 20 ENTITLEMENT TO FUTURE INCREASES ..................................................................................... 20 TABLE OF CONTENTS PAGE ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS ....................................... 21 DISABILITY BENEFIT APPLICATION .......................................................................................... 21 DEATH BENEFIT APPLICATION ............................................................................................... 21 ACTION ON APPLICATIONS ................................................................................................... 21 ARTICLE XIII – SUPPLEMENTAL BENEFIT ............................................................................... 22 PAYMENT OF SUPPLEMENTAL BENEFIT ................................................................................... 22 ARTICLE XIV - FUNDS ........................................................................................................... 23 ALLOCATION ..................................................................................................................... 23 GENERAL FUND ................................................................................................................. 23 SPECIAL FUND ................................................................................................................... 23 METHOD OF DISBURSEMENT ................................................................................................ 23 DEPOSIT OF FUNDS ............................................................................................................. 24 ARTICLE XV - TIMING AND MODES OF DISTRIBUTION ........................................................... 25 DISTRIBUTION CHOICES ....................................................................................................... 25 IRA ROLLOVER .................................................................................................................. 25 ARTICLE XVI - PROCEDURE FOR REVIEW ............................................................................... 26 ENTITLEMENT TO APPEAL ..................................................................................................... 26 UN-APPROVED APPLICATION ................................................................................................ 26 SPECIAL MEETING FOR APPEAL ............................................................................................. 26 ARTICLE XVII - LIMITS ON BENEFITS ...................................................................................... 27 DOMESTIC RELATIONS ORDER .............................................................................................. 27 GARNISHMENT, JUDGMENT OR LEGAL PROCESS ........................................................................ 27 ASSIGNMENT OF BENEFITS ................................................................................................... 27 LIMITATIONS ON ANCILLARY BENEFITS .................................................................................... 27 BENEFIT LIMITATIONS ......................................................................................................... 27 ARTICLE XVIII - AMENDMENTS ............................................................................................. 28 AMENDING THE BYLAWS ..................................................................................................... 28 ARTICLE XIX - NOTICE ........................................................................................................... 28 AMENDMENT NOTICES ........................................................................................................ 28 ARTICLE XX - EFFECTIVE DATE .............................................................................................. 29 ARTICLE XXI - EXHIBIT A ....................................................................................................... 29 Eden Prairie Firefighter Relief Association Page | 1 Article I - Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association. Article II - Purpose This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter referred to as “Association,” adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the Association. The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of fire fighting. The Association is a defined benefit relief association subject to Minnesota statutes 69.771 to 69.774, 424A.015 and 424A.02. The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependents of the Eden Prairie Fire Department, hereinafter “Fire Department”. These bylaws and federal and state laws shall govern all benefits issued by this Association. Eden Prairie Firefighter Relief Association Page | 2 Article III - General Definitions 1. Surviving Spouse The term “surviving spouse” means any person who was the dependent spouse of a deceased active member, deferred member, or retired former member living with the member at the time of the death of the active member, deferred member, or retired former member for at least one year prior to the date on which the member terminated active service and membership. 2. Fiduciary responsibility In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn. Stat. 356A. No trustee of the Association shall cause the Association to engage in a transaction, if the trustee knows or should know that a transaction constitutes one of the following direct or indirect transactions: a) sale or exchange or leasing of any real property between the Association and a board member b) lending of money or other extension of credit between the Association and a board member or member of the Association c) furnishing of goods, services, or facilities between the Association and a board member d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law 3. Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant. 4. Board of Trustees The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be six member elected trustees and three municipal trustees. 5. Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 complete months. If a members’ period of service as an active firefighter has not been continuous, parts of years may be added together to calculate full years. In addition, parts of months may be added together to calculate full months, provided, however, that in such a calculation it shall be assumed that 30 days equals a full month. Eden Prairie Firefighter Relief Association Page | 3 6. Break in Service (a) Break in Service. A break in service is the period of time in which a member does not comply with the active service requirements of the Fire Department. A member will not receive service credit with the Association for the period of a break in service. If a member’s break in service is less than 60 days, active membership in the Association will resume when the member returns to active service with the Fire Department. A break in service does not include an approved leave of absence pursuant to these bylaws or state law, except for Military Leave or Medical Leave defined in this Article III. (b) Return to Service. If a member has a break in service of 60 days or more and receives a lump sum payment, and not a monthly service pension, and then resumes active membership in the Fire Department and membership in the Association, the member will be entitled to receive a lump sum payment for his subsequent period of service, provided he completes a minimum of three years of subsequent service. The lump sum for the subsequent period of service will be based on the lump sum then payable under the Bylaws. Such payment shall have no effect on the member’s previous service pension. In no event will the Association pay duplicate benefits for the same period. Except as provided in this paragraph (b), a member who has a break in service of more than 60 days and returns to active service will not receive any credit or earn an additional benefit for a subsequent period of service. The above rules for payment of an additional benefit for a subsequent period of service do not apply to leaves of absence for which a member continues to receive service credit during the leave under these bylaws. (c) Effective Date. The changes in this Article III.6 shall apply beginning September 18, 2018 to members who retire on or after such date. (d) Return to Service: Prior to Payment of Retirement or Disability Benefit If the firefighter has not received payment of a service pension or disability benefit, the firefighter must complete at least three (3) years of active service with the Eden Prairie Fire Department upon resumption of active service. If the firefighter completes the minimum period of resumption service specified in this Section prior to a subsequent cessation of firefighting duties, the firefighter will receive a service pension (if vested) for all years of active service calculated at the benefit level in effect on the date of the firefighter’s final cessation of duties. If the firefighter does not complete the minimum period of resumption service specified in this Section prior to a subsequent cessation of duties, the firefighter will receive a service pension (if vested) for all years of active services calculated at the benefit level in effect at the time of the firefighter’s original cessation of duties. (e) The changes laid out in Article III.6.d shall apply beginning July 29th, 2021. 7. Years of Active Service For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Fire Department. Eden Prairie Firefighter Relief Association Page | 4 8. Active Service Active Service is defined as the active performance of fire suppression or prevention duties or the supervision of fire suppression or prevention duties. Performance of such suppression, prevention or supervision shall not qualify as “active service” unless the firefighter meets all the rules and regulations of the Fire Department during such service. 9. Trustees The individuals designated as such by Minn. Stat. 424A.04. 10. Domestic Relations Order A domestic relations order is any judgment, decree or order (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53. 11. Personal Leave An Active Member may be granted a personal leave of absence in accordance with the rules and regulations of the Fire Department. No credit shall be given for the period of the leave of absence. 12. Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law. To be eligible for credit from the Relief Association for his military service, the Member must return to active service with the Fire Department and must not receive a dishonorable or bad conduct discharge from military service. 13. Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act or other applicable federal or state law. Eden Prairie Firefighter Relief Association Page | 5 Article IV - Membership 1. Qualification for Membership Any Active Member in good standing in the Fire Department shall be eligible to apply for membership in the Association. 2. Application for Membership All Active Members of the Fire Department are eligible for membership in the Association. Application for membership shall be made in writing on a form supplied by the Secretary of the Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan requirements within three (3) months of becoming an active member of the fire department. No applicant may be excluded except if the member is under 18 years of age or has a medically determinable physical or mental impairment or condition that would constitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. 3. Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership, upon the occurrence of any of the following events: a) termination or resignation from membership in the Fire Department prior to completion of the number of years as an active firefighter required for a service pension under these bylaws b) failure to comply with any provisions of these bylaws or any duly adopted rules and regulations of the Association c) any other good cause for termination of membership as determined by the Board of Trustees 4. Categories of Membership Members of this Association shall be classified in one of four categories: regular, deferred, retired or disabled. These categories are defined as follows: a) Active Member: A member of the Association who is also an active firefighter of the Fire Department b) Deferred Member: A member of the Association who has: (i) completed the number of years as an active firefighter required for a service pension as provided in these bylaws (ii) completed a minimum of ten years as a member in good standing in the Association (iii) has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws c) Retired Member: A member of the Association who is drawing a monthly service Eden Prairie Firefighter Relief Association Page | 6 pension under applicable statutes and the bylaws of this Association. d) Disabled Member: A member of this Association who is receiving a disability benefit under applicable statutes and the bylaws of this Association. 5. Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands. Eden Prairie Firefighter Relief Association Page | 7 Article V - Board of Trustees 1. Composition of Board The Board of Trustees shall consist of nine trustees. a) Member Elected Trustees: Six of the trustees shall be elected at the annual meeting of the Association from the Association's active members and shall serve for terms as specified in this Article, or until their respective successors have been elected. One of the six elected members of the Board of Trustees may be a retired member, receiving a monthly service pension, who is elected by the membership of the Association. If there is not a retired member to fill the position of trustee, then that position may be filled by an active member. b) Municipal Trustees: The three municipal trustees shall be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the City of Eden Prairie annually and the chief of the Fire Department. Municipal trustees shall have all rights, duties and responsibilities of regular trustees, including voting rights. 2. Terms of Trustees Two member elected trustees shall be elected for three-year terms at each annual meeting of the Association. If a vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of the Association within thirty-one days of becoming vacant. Any member elected trustee elected to fill an un-expired term shall serve the length of that un-expired term. Any member elected trustee, upon retirement from the Fire Department, must relinquish the trustee's office until an election is held to determine who shall hold that office. The elected or appointed municipal trustees shall be designated annually by the City, except for the chief of the Fire Department, who is appointed by statute. 3. Officers of Board At the first meeting of the Board of Trustees held after the annual meeting of the members of the Association, the Board shall elect from the six member elected trustees a President, Vice- President, Secretary and Treasurer. Each of the officers shall serve for a term of one year or until the officer's successor has been elected. Eden Prairie Firefighter Relief Association Page | 8 4. Removal of Trustee or Officer A trustee (other than a municipal trustee) may be removed from the office of trustee for the following reasons: a) breach of the duties of a trustee as specified in these bylaws b) failure to maintain membership in good standing in the Association or the Fire Department, including a suspension from the Association or Fire Department c) other good cause Removal of a trustee may occur by a vote of two-thirds of those present at a meeting of the membership. Notice of the meeting at which removal is to be considered, shall be given to each member and shall include the purpose of considering removal. The Trustee shall be given an opportunity to be heard as to each charge. If the Trustee is removed, a replacement shall be elected and shall serve for the un-expired portion of the term of the removed Trustee. Eden Prairie Firefighter Relief Association Page | 9 Article VI - Duties of Officers 1. President The duties of the Association President are as follows: a) Attend and preside at all meetings of the Association and of the Board of Trustees. b) Supervise the affairs of the Association. c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association, the Articles of Incorporation and the bylaws. d) Sign all checks issued by the Treasurer and all other papers, which require the President's signature. The President may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 2. Vice-President The duties of the Association Vice-President are as follows: a) Perform the duties of the President in the President's absence. b) All other duties assigned to the Vice-President by the President. 3. Secretary The duties of the Association Secretary are as follows: a) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws. c) Provide all due notice of special meetings of the Association and the Board of Trustees. d) Keep a roll of membership, including all information necessary to determine the pension and benefit status of each member of the Association. e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Eden Prairie Firefighter Relief Association Page | 10 4. Treasurer The duties of the Association Treasurer as follows: a) Keep separate, distinct and complete accounts of the Special and General Funds, including a detailed statement of the assets and liabilities of each fund. Such accounts and statements shall be presented at each meeting of the Board of Trustees, and shall be made available to members prior to the annual meeting of the Association. b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all monies, books, papers, and other items pertaining to the Treasurer's office. d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and with such sureties as are required by law and approved by the Board of Trustees, conditioned upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of the Association. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.00. The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Eden Prairie Firefighter Relief Association Page | 11 Article VII - Meetings 1. Annual Meeting The annual meeting of the Association, for the election of Trustees and other business, shall be held once per calendar year. Subject to waiver, a notice of every annual meeting or special meeting shall be sent by the Secretary via U.S. mail, e-mail, personal delivery or by any other delivery that conforms to law to each member at least ten (10), but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 2. Regular Meetings of the Board of Trustees The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice of every Board of Trustees’ meeting shall be sent by the Secretary via U.S. mail, email, personal delivery or by any other delivery that conforms to law to each Trustee at least five (5) , but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 3. Special Meetings of the Association or Board Special meetings of the Association or of the Board of Trustees may be called by the President or two members of the Board of Trustees and shall also be called upon written request of six (6) or more members of the Association. The Secretary shall notify members and trustees of such special meetings, and the purpose of the meeting shall be contained in such notice. 4. Quorum A majority of the Board of Trustees then in office and ten percent (10%) of all members of the Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. 5. Reports and Resolutions All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. 6. Adoption of Robert's Rules All meetings of the Association and Board of Trustees shall be conducted according to Robert's Rules of Order, as revised. 7. Order of Business The order of business at meetings of the general membership shall be: Eden Prairie Firefighter Relief Association Page | 12 a) Call to order b) Roll call c) Reading of minutes of previous meetings d) Reading of reports and minutes of Board of Trustees' meetings e) Reports of Officers f) Membership applications g) Reports of special committees h) Unfinished business i) Election of Officers or Trustees (annual meeting) j) New business k) Adjournment 8. Location A meeting of the Board of Trustees shall be held at the registered office of the Association, unless notice is made public for another place within the state as designated by the board. Eden Prairie Firefighter Relief Association Page | 13 Article VIII - Investments 1. Trustees’ Duties Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Each trustee shall become familiar with the standards of care and the standards of a fiduciary as specified by law. 2. Responsibilities of Trustees It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable investment of the un-appropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the Association. 3. Investment Committee The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as well as two or more Association members as designated by the trustees. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by State of Minnesota statutes, the bylaws and the investment policy attached hereto. 4. Restrictions to Brokers The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the Relief Association to provide annually to any brokers, a written statement of investment restrictions pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually, the receipt of the investment restrictions. The acknowledgment shall contain a statement of the brokers’ agreement to handle the Association’s investments pursuant to the written restrictions. 5. Education Plan The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. Eden Prairie Firefighter Relief Association Page | 14 Article IX - Pension Benefits 1. Active Duty and Age Requirements To be eligible to receive a service pension, a member must meet all of the following requirements: a) Be at least fifty (50) years of age b) Has separated from active service with the Fire Department c) Has completed at least ten (10) years of active service with such Fire Department before retirement d) Has been a member of the Association in good standing at least ten (10) years prior to such retirement 2. Deferred Member A member of the Association, who has performed active service of ten (10) years or more, but has not reached the age of fifty (50) years, shall be placed on the deferred pension roll of the Association. After they have reached the age of fifty (50) years, the Association shall, upon their application therefore, pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX, Section 3. 3. Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: Monthly Service Pension Effective 01/01/2005: A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1536.00. Effective 01/01/2006: A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1600.00. Effective 01/01/2007: A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1664.00. Eden Prairie Firefighter Relief Association Page | 15 Effective 01/01/2008: A monthly service pension shall be calculated by multiplying $54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1728.00. Effective 01/01/2009: A monthly service pension shall be calculated by multiplying $56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1792.00. Lump Sum Service Pension: A lump sum service pension shall be calculated as follows: (i) For the period prior to 2011: 100 times Years of Service times monthly rate at the time of retirement. (ii) For the period from 2011 through May 31, 2013: 150 times Years of Service times monthly rate at the time of retirement. (iii) For the period from June 1, 2013 through September 17, 2018: $10,000.00 per Year of Service. (iv) For the period beginning September 18, 2018 and thereafter $12,400.00 per Year of Service 4. Definition of Active Firefighter A period of time cannot be used to calculate a monthly or lump sum service pension unless during the entire period of time the member satisfies the qualification of “active service”, as found in Article III, paragraph 8 of these bylaws. 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from “active service” as defined herein with the Fire Department if: a) The Member is employed by the City of Eden Prairie to perform duties within the Fire Department on a full-time basis subsequent to retirement as a volunteer firefighter, and b) The City Manager or the Fire Chief has filed a determination with the Association’s Board of Trustees that the Member’s experience with and service to the Fire Department in that Member’s full-time capacity would be difficult to replace, and c) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A.02, subd.1, and is authorized Eden Prairie Firefighter Relief Association Page | 16 to receive a service pension or disability benefit. 6. Future Increases in Benefits Retired and Deferred members who have credit for at least fifteen (15) years of service as an active firefighter with the Fire Department, shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. 7. Application for Monthly or Lump Sum Benefit After retirement as an active firefighter with the Fire Department, a member shall make application for a service pension to the Board of Trustees. The application shall also include an irrevocable election by the member of either a monthly service pension or lump sum service pension, but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board, and shall contain the following information: a) the age of the applicant b) the period of time the member performed duties as an active firefighter for the Fire Department c) the member's number of years of membership in good standing of the Association d) the date the member retired as an active firefighter from the Fire Department e) such other and further information as the Board of Trustees may require 8. Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next thirty (30) days, on the question of whether the applicant meets all the requirements. If the application is approved, the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. Eden Prairie Firefighter Relief Association Page | 17 9. Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the Secretary not less than three (3) months prior to the date of retirement and submission of application for service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments. Eden Prairie Firefighter Relief Association Page | 18 Article X - Ancillary Benefits 1. Eligibility A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. 2. Disability Defined Disability is defined as the inability to engage in performance of all essential duties as a firefighter by reason of a medically determinable physical or psychological impairment that arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous period of not less than twelve (12) months or can be expected to result in death. 3. Reports Required No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. 4. Disability or Pension Benefits Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor’s benefits during the period that it is being paid. A disability benefit shall be considered a normal service pension after age fifty (50) for any member with at least ten (10) years of active service. 5. Proof of Disability An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicants’ statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. 6. Grievance Procedure If the applicant for disability benefits feels that he/she has been aggrieved by any action of the Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws. 7. Calculation of Benefit In the event a member incurs a disability as defined in this article, the Association shall pay to such member a monthly disability payment, for the time of such disability. The monthly disability benefit shall be equal to the monthly service pension to which the member would have been entitled at age fifty (50) without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws. Eden Prairie Firefighter Relief Association Page | 19 8. Entitlement to Future Increases A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Eden Prairie Firefighter Relief Association Page | 20 Article XI - Death Benefit 1. Entitlement to Benefit In the event of the death of an Active or Deferred member of the Association, the surviving spouse, if any, shall be paid one hundred (100%) percent of the lump sum benefit for each year of service. If such member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member’s estate shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. Such death benefits are payable without regard to minimum or partial vesting requirements. If an Active member dies before completing one year of active service, the Association shall pay a death benefit of ten thousand ($10,000) dollars to his/her surviving spouse, surviving children or designated beneficiary on file; in the same order and procedure as described above. In the event of the death of a Retired association member, receiving a monthly pension benefit, the surviving spouse, if any, shall be paid monthly, until their remarriage or death, two-thirds (2/3) of the Retired members monthly service pension for each year of active service. If such member leaves a surviving child or children, in addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third (1/3) of the monthly service pension for each year of active service. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of one hundred (100%) percent of the monthly service pension for each year of active service. 2. Termination of Children's Benefit Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of eighteen (18) or, in the case of any child who furthers his or her education, by attending college or technical school, when that child graduates with his/her undergraduate degree or technical degree, quits school, reaches the age of twenty-two (22), or fails to provide proof of current educational enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the child is a full-time student in a college or trade school. 3. Entitlement to Future Increases Death benefits payable to a surviving spouse or children shall be increased to the extent that the monthly service pension is increased for current members who have the same number of active years of service as the deceased member. Eden Prairie Firefighter Relief Association Page | 21 Article XII - Application for Disability and Death Benefits 1. Disability Benefit Application All applications for disability benefits shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor’s opinion shall also include findings regarding the nature and probable duration of the illness or injury, the cause thereof, the length of time the applicant has been and will be unable to perform any of the essential duties as an active firefighter, and an estimate of the time at which the applicant will be able to return to the duties as an active firefighter. The Board of Trustees, in its discretion, may require an independent medical examination, at the Association's expense, to review the qualifications of the member for a disability benefit. 2. Death Benefit Application Applications for benefits by surviving spouses and children shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death, a certified marriage certificate for a surviving spouse and certified birth certificate for a surviving child, plus such other and further information as the Board of Trustees deems appropriate. 3. Action on Applications No disability or death benefits shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. Eden Prairie Firefighter Relief Association Page | 22 ARTICLE XIII – SUPPLEMENTAL BENEFIT 1. Payment of Supplemental Benefit Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the supplemental benefit out of its Special Fund. The amount of this benefit equals ten (10%) percent of the regular lump-sum distribution that is paid on the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed one- thousand ($1,000) dollars. Eden Prairie Firefighter Relief Association Page | 23 Article XIV - Funds 1. Allocation All money received from the Association shall be kept in two separate funds. Disbursements from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association. 2. General Fund The funds received by the Association from dues, fines, application fees, entertainment and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Treasurer, and may be disbursed to conduct the routine business of the Association or for any purpose reasonably related to the welfare of the Association or its members, as authorized by the Board or the general membership. Expenditures greater than $500.00 require approval by a majority of the members present and voting at any annual or special meeting of the members. 3. Special Fund All funds received by the Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city present to law providing for municipal support for the Association, any moneys or property donated, given, granted or devised, excluding fund- raiser proceeds, by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be dispersed only for the following purposes: a) payment of members’ service pension benefits in accordance with state law and with these bylaws b) payment of ancillary benefits in accordance with state laws and these bylaws c) payment of supplemental benefits in accordance with state law and these bylaws d) administrative expenses as limited by Minn. Stat. 69.80 All other expenses of the Association shall be paid out of the General Fund. 4. Method of Disbursement No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees (or members, in case of disbursement from the General Fund). In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of Trustees. Disbursement also may be made by electronic fund transfers so long as the Treasurer and President have previously authorized such transfers. Eden Prairie Firefighter Relief Association Page | 24 5. Deposit of Funds All money belonging to the Association shall be deposited to the credit of the Association in such banks, trust companies, saving and loan associations or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the bylaws and the investment policy. Eden Prairie Firefighter Relief Association Page | 25 Article XV - Timing and Modes of Distribution 1. Distribution Choices Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A member who chooses a lump sum pension option shall be offered the following benefit payment methods: a) a single lump sum payment payable to the eligible retiree b) rollover to an IRA account pursuant to Article XV, Section 2 2. IRA Rollover Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. Eden Prairie Firefighter Relief Association Page | 26 Article XVI - Procedure for Review 1. Entitlement to Appeal In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. 2. Un-approved Application If an application is not approved, the Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within thirty (30) days of receiving an adverse determination. The intent to appeal shall be certified by the member. 3. Special Meeting for Appeal The Board of Trustees shall hold a special meeting within sixty (60) days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15) days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half between both parties. Eden Prairie Firefighter Relief Association Page | 27 Article XVII - Limits on Benefits 1. Domestic Relations Order A qualified domestic relations or domestic relations order shall be accepted by the Association if in compliance with state and federal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. Exhibit A of these Bylaws are guidelines for terms which must be included in any domestic relations order to be considered consistent with these Bylaws and eligible for approval by the Board. 2. Garnishment, judgment or legal process No service pension or ancillary benefits paid or payable from the Special fund of the Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota Statutes, Sections 518.58, 518.581, or 518A.53. 3. Assignment of Benefits No person entitled to a service pension or ancillary benefits from the Special fund of the Association may assign any service pension or ancillary benefit payments, nor shall the Association have the authority to recognize any assignment or pay over any sum, which has been assigned. 4. Limitations on Ancillary Benefits Following the receipt of a lump sum death benefit, neither a member’s surviving spouse or estate is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII- Supplemental Benefits. 5. Benefit Limitations No provision, which places limits on benefits as contained within Section 415 of the Internal Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. Eden Prairie Firefighter Relief Association Page | 28 Article XVIII - Amendments 1. Amending the Bylaws The bylaws of the Association may be amended by completing the following procedure: a) Notice of the proposed amendment is given to each member not less than ten (10) days prior to the regular or special Association meeting at which the amendment will be considered b) at an Association meeting, the amendment is adopted by a favorable vote of two-thirds (2/3) of the membership present and voting, provided that a quorum is present c) the amendment is approved by the City of Eden Prairie City Council Article XIX - Notice 1. Amendment Notices Notices to the membership of a change to these bylaws shall be delivered in the following manner: a) shall be posted at each fire station b) shall be sent by U.S. Mail or email to each deferred member of the Association c) shall be sent by U.S. Mail or email to each retired member of the Association Eden Prairie Firefighter Relief Association Page | 29 Article XX - Effective Date These bylaws were adopted by the Membership on the 8th day of December 2022 and supersede all prior bylaws of this Association. _____Collin O’Brien_________ ______Thomas Wilson___________ Association President Association Secretary Collin O’Brien Thomas Wilson These bylaws were approved by the City of Eden Prairie City Council on the 3rd day of January 2023 . ____________________________ Nicole Tingley City Clerk City of Eden Prairie, MN Eden Prairie Firefighter Relief Association Page | 30 EXHIBIT A Guidelines for Qualified Domestic Relations Order Terms Triggering Event Payment to Alternate Payee 1 Retirement of participant. Court –assigned fraction in the same form as elected by participant. 2 Death of participant before benefits commence. Lump sum payment of court-assigned fraction. 3 Death of participant after monthly benefits commence. Payments stop. 4 Death of alternate payee before benefits commence. No payment to alternate payee or his/her estate. 5 Death of alternate payee after benefits commence. Payments stop. CITY COUNCIL AGENDA SECTION: Consent DATE: January 3, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Jeremy Barnhart ITEM DESCRIPTION: Paravel Apartments ITEM NO.: IX.S. Requested Action Move to: • Approve the Development Agreement Amendment for Paravel Apartments. Synopsis This amendment memorializes stipulations suggested by the Fire Chief, allowing the placement of gas grills on 7th floor balconies. Background Paravel has proposed adding gas grills to the balconies on the 7th floor penthouse suites. This addition has been approved by the Fire Chief, with stipulations including Paravel will submit a cleaning/ inspection schedule. If not adhered to in the future, the Fire Chief may require removal of the grills at any time. The Development Agreement Amendment memorializes that requirement/authority. Attachments 1. Development Agreement Amendment 1 AMENDMENT TO FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT Paravel THIS AMENDMENT TO FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of _____________, 2022, by TP KPI Paravel Property, LLC, a Delaware limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer is the fee owner of real property located in Eden Prairie, Minnesota (the “Property”), legally described as: Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County Minnesota (Abstract and Torrens property) WHEREAS, Developer’s predecessor-in-interest and City are parties to that certain First Amended and Restated Development Agreement dated March 17, 2020, filed on April 6, 2021 with the Hennepin County Recorder’s Office as Document No. 10934502 and with the Hennepin County Registrar of Titles’ Office as Document No. 5815874 (the “First Amended and Restated Development Agreement”). WHEREAS, the First Amended and Restated Development Agreement provides the terms and conditions of the City’s approval of Developer’s construction of a 246-unit apartment building on the Property. WHEREAS, Eden Prairie City Code § 9.05, Subd. 3.H. provides: “In any structure containing three or more dwelling units, with at least two (2) vertically stacked, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level.” WHEREAS, the City’s Fire Code Official has approved the modification of Section 9.05, Subd. 3.H as it applies to the Property to allow gas barbecue grills on the Property’s balconies. 2 WHEREAS, the parties wish to amend the Development Agreement to document the terms and conditions of this approved modification. NOW, THEREFORE, Developer and the City agree to the amendment of the Development Agreement as follows: 1. The following new paragraph 37 is added to the Development Agreement: 37. GAS GRILLS. Pursuant to City Code § 9.05, Subd. 4, the City’s Fire Code Official has approved a modification to City Code § 9.05, Subd. 3.H for the Property relating to gas barbecue grills on the building’s balconies. The City and Developer agree to the following terms and conditions relating to gas grills on the balconies of the building constructed on the Property: A. Gas grills may be located and used on balconies on the Property. For any balcony with an overhang, no grill may be placed on the balcony unless dry barrel sprinklers are installed and maintained on the balcony. B. All gas grills must be regularly cleaned and maintained to ensure that they remain clean and functioning as intended. On or before January 1, 2023, Developer must submit a proposed inspection, cleaning, and maintenance schedule to the City’s Fire Code Official for approval. The Fire Department may conduct random inspections to ensure compliance with Developer’s cleaning and maintenance requirements. C. In addition to all other rights and remedies provided to the City under this Agreement, the Fire Chief may revoke approval of this modification, resulting in the prohibition of gas grills on the balconies, for any one or more of the following reasons, as determined by the Fire Chief in their sole discretion: (1) Any deviation from the approved inspection, cleaning, and maintenance schedule; (2) Any failure to properly clean or maintain the gas grills as revealed by City inspection or discovered by any other means; or (3) the City’s receipt of excessive complaints or concerns from the building’s residents relating to gas grills on the balconies. 2. FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT: Except as modified or amended herein, the First Amended and Restated Development Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties to this Amendment have caused these presents to be executed as of the day and year aforesaid. 3 CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 4 TP KPI Paravel Property, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by _______________________________________, the , of TP KPI Paravel Property, LLC, a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 3, 2023 DEPARTMENT/DIVISION: Jennifer Fierce Public Works / Engineering ITEM DESCRIPTION: Electrify Everything MN Professional Services Agreement – Center for Energy and Environment ITEM NO.: IX.T. Requested Action Move to: Approve professional services contract with Center for Energy and Environment to implement Electrify Everything MN campaign in an amount not to exceed $35,000. Synopsis The cities of Eden Prairie, Edina, and St. Louis Park are partnering on a residential electrification campaign in 2023 called Electrify Everything MN to meet our respective Climate Action Plan (CAP) goals around fuel switching. The cities are jointly contracting with Center for Energy and Environment (CEE) for project management services, technical assistance and training, and an educational outreach campaign in support of these goals. Background Eden Prairie’s CAP includes a goal that 17% of households have switched from being served by natural gas for space and water heating to electricity by 2030, 55% of households by 2040, and 97% of households by 2050. Actions identified to encourage fuel switching include: • Promoting building efficiency to reduce up-front costs of electrification • Explore incentives to promote fuel switching The cities of Eden Prairie, Edina, St. Louis Park, and Minneapolis, along with non-profits CEE, Citizen’s Utility Board, and MN Renewable Now partnered to participate in RMI’s 2022 Electrify Community Cohort Program. This competitive program selected applicants across the country who were ready to launch fuel switching programs in their communities based on existing CAP goals. The cohort helped each team understand existing conditions in their communities and prepared cities to implement a campaign to promote the adoption of heat pump technology for space heating and/or water heating instead of natural gas-based equipment. Over the last year, significant financial incentives were made available for fuel switching as part of the federal Inflation Recovery Act, including rebates and tax credits. However, there is limited knowledge of what fuel switching is in the community or why it is important for both climate goals and home health and comfort. Cities will be an important conduit to help residents understand and access the federal incentive funds. With the RMI cohort program now complete, the cities of Eden Prairie, Edina, and St. Louis Park are moving forward to partner on a robust outreach and technical assistance campaign for residential electrification in 2023. The purpose of the campaign is to prepare residents to take advantage of federal financial resources available and to help the city meet its CAP goals. This campaign will include energy advisor services, educational materials, multiple outreach events/workshops, and contactor vetting and training to ensure residents have access to technicians with fuel switching experience. By working together on this campaign, the cities can share resources and maintain consistent messaging to improve the public’s understanding of electrification technology. The cities are engaging CEE for project management services, technical assistance/training, and to develop and implement an educational outreach campaign. Attachments Attachment 1 – Agreement for Professional Services and Electrify Everything MN Scope of Work CITY COUNCIL AGENDA SECTION: Public Hearings DATE: January 3, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION: Code amendment to City Code Chapter 11 relating to zoning amendments ITEM NO.: X.A. Requested Action Move to: • Close the Public Hearing; and • Approve 1st reading of the Ordinance to amend City Code Chapter 11, Section 78 relating to amendments to the zoning chapter; and adopting by reference City Code Chapter 1 and Section 11.99 which among other things contain penalty provisions. Synopsis This code amendment addressing the voting requirements for amendments to the zoning ordinance and zoning map. Current city code requires a two-thirds (4/5th) of council members to vote for any text amendment or zoning map amendment. State Statute only requires this vote when properties change from residential to commercial or residential to industrial. City Code should be consistent with State Statute. Background Information This amendment was recommended by the City Attorney. Planning Commission Recommendation The Planning Commission reviewed this item on December 12th, and recommended approval with a vote of 7-0. Attachments 1. Ordinance 2. Staff Report – December 12, 2022 3. Planning Commission Minutes December 12, 2022 (draft) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 78 RELATING TO AMENDMENTS TO THE ZONING CHAPTER; 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 11.78, subdivision 6 is hereby amended by deleting the existing text and replacing it with the following: Subd. 6. Adoption. Amendments to this chapter may be adopted by a majority vote of all of the members of the Council, except that any amendment that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds vote of all of the members of the Council. Section 2. 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 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 3rd day of January 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2023. ATTEST: _________________________________ _________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2023. STAFF REPORT TO: Planning Commission FROM: Jeremy Barnhart, City Planner DATE: September 26, 2022 SUBJECT: Code Amendment – City Code Chapter 11, related to Zoning Amendment Voting BACKGROUND Currently, City Code 11.78, subd. 6 states that “Amendments to this chapter may be adopted by a 2/3 vote of all of the members of the Council.” This requirement has been in the Code since at least 1987 and was consistent state law. Prior to 2001, Minn. Stat. 462.357, subd. 2 stated that “the governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members.” In 2001, however, the legislature amended this language to require only a simple majority vote of all of the members, with one exception. The law currently states that “the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body.” It appears that the City Code was never updated to account for this statutory change. Minnesota courts have stated that because the Municipal Planning Act, Chapter 462, is intended as a comprehensive body of law as it relates to planning and zoning, cities do not have the statutory authority to include provisions in their ordinances that are inconsistent with the requirements of Chapter 462. In p ractice, the City Attorney views this as a potential problem if an amendment gets a 3/5 vote and therefore doesn’t pass under current 11.78 for lack of 4 votes. The proponent of the action could argue that in fact it did pass because the vote met the simple majority requirement in statute. The practical difference is that now a project will usually need only 3/5 votes rather than 4/5 votes for an amendment to Chapter 11 (except for the residential to commercial/industrial change). PROPOSED CODE AMENDMENTS The City Attorney recommends that 11.78, subd. 6 be amended as follows to be consistent with statutory language: Staff Report – Zoning Amendment Vote September 26, 2022 Page 2 2 Subd. 6. Adoption. Amendments to this chapter may be adopted by a majority vote of all of the members of the Council, except that any amendment that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two- thirds vote of all of the members of the Council. STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11.78 relating to the Zoning Amendments as represented in the September 26, 2022 staff report. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, DECEMBER 12, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent were commission members Mette and Gooding. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Kirk moved, seconded by Markos to approve the minutes of October 10, 2022 as amended to add Rod Rue as attending staff, and to change Pieper’s title under Item I to Chair from Vice-Chair. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. CODE AMENDMENT FOR ZONING AMENDMENT VOTING Request for: • Amend City Code Chapter 11, Section 11.78 - Z Barnhart explained that previously, any City Code Amendment required a two- thirds majority vote of the Eden Prairie City Council. However, a state statute change in 2021 required only a simple majority for passage of most zoning amendments with the exception of a zoning map change from residential to PLANNING COMMISSION MINUTES December 12, 2022 Page 2 commercial or industrial. This was therefore a procedural amendment in the Code to make the City consist with the state statute, whereas actual zoning changes (residential to commercial or industrial) would still require a two-thirds majority vote. Grote asked for and received confirmation a change from industrial to multi- family unit would only require a simple majority vote. MOTION: Markos moved, seconded by Sherwood to close the public hearing. Motion carried 7-0. MOTION: Grote moved, seconded by Sherwood to approve the Code Amendment for Zoning Amendment Voting. Motion carried 7-0. PLANNERS’ REPORT Barnhart took the commission members through the 2023 Work Plan. There will be text amendments in the first quarter related to the Comprehensive Plan creating a new district with the mixed-use designation, as well as a flex service district, and training in the second quarter for new commission members. Lastly, at the end of the year there would be another Work Plan draft giving a sense of 2024 goals. Farr requested a review of the last two years’ of minutes for issues of which commission members requested further study. Pieper agreed. Barnhart offered to check his notes and make a list of those concerns for the commission members for this time next year. MOTION: Kirk moved, seconded by Taylor to approve the 2023 Work Plan. Motion carried 7-0. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Grote moved, seconded by Taylor to adjourn. Motion carried 7-0. The meeting was adjourned at 7:09 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: January 3, 2023 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: XI. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 296609 – 297196 Wire Transfers 1032286 - 1032484 Wire Transfers 9160 – 9231 Purchasing Card 9160 City of Eden Prairie Council Check Summary 1/3/2023 Division Amount Division Amount 000 General 86,152 308 E-911 1,128 100 City Manager 170,700 309 DWI Forfeiture 1,061 101 Legislative 1,366 315 Economic Development 1,144,412 102 Legal Counsel 39,905 502 Park Development 34,371 110 City Clerk 6,976 509 CIP Fund 631,953 111 Customer Service 6,476 512 CIP Trails 1,314 112 Human Resources 107 522 Improvement Projects 2006 755 113 Communications 12,274 526 Transportation Fund 77,010 114 Benefits & Training 13,812 532 EP Road Connect Flying Cloud 342 130 Assessing -332 539 2020 Improvement Projects 787 131 Finance 685 540 Duck Lake Rd. Reconstruction 288,592 132 Housing and Community Services 816 541 DELL RD (CRESTWOOD TO CSAH 61)4,005 133 Planning 788 804 100 Year History 443 136 Public Safety Communications 12,055 Total Capital Projects Fund 2,186,172 137 Economic Development 1,037 138 Community Development Admin.624 601 Prairie Village Liquor 201,554 150 Park Administration 6,348 602 Den Road Liquor 346,604 151 Park Maintenance 27,084 603 Prairie View Liquor 219,307 153 Organized Athletics 655 605 Den Road Building 3,598 154 Community Center 38,236 701 Water Enterprise Fund 685,166 156 Youth Programs 27,589 702 Wastewater Enterprise Fund 399,141 157 Special Events 647 703 Stormwater Enterprise Fund 46,889 158 Senior Center 4,422 Total Enterprise Fund 1,902,258 159 Recreation Administration 3,371 160 Therapeutic Recreation 576 802 494 Commuter Services 24,889 162 Arts 5,345 806 SAC Agency Fund 32,305 163 Outdoor Center 2,676 807 Benefits Fund 1,635,808 168 Arts Center 1,458 811 Property Insurance 1,500 180 Police Sworn 77,721 812 Fleet Internal Service 152,083 184 Fire 38,985 813 IT Internal Service 143,034 186 Inspections 4,582 814 Facilities Capital ISF 66,117 200 Engineering 12,717 815 Facilites Operating ISF 53,460 201 Street Maintenance 84,392 816 Facilites City Center ISF 72,614 202 Street Lighting 81,882 817 Facilites Comm. Center ISF 109,197 Total General Fund 772,124 Total Internal Svc/Agency Funds 2,291,006 301 CDBG 36,186 Report Total 8,712,048 303 Cemetary Operation 1,000 312 Recycle Rebate 11,924 Total Special Revenue Fund 49,110 440 GO Perm Impr Ref Bonds 2011D 177,001 441 2012A G.O. Refunding Bonds 891,071 442 2012B G.O. Refund Capital Imp 347,716 437 G.O. Perm. Improv. 2010A 95,590 Total Debt Service Fund 1,511,377 City of Eden Prairie Council Check Register by GL 1/3/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 9161 1,511,377 U S BANK Principal and Interest 2012B/20A GO Refund Capital Debt Payments 296898 371,569 METROPOLITAN COUNCIL MCES User Fee Wastewater Enterprise Fund Wastewater Svc Fee Jan 2023 9167 350,609 HEALTHPARTNERS Accounts Receivable Health and Benefits Dec 2022 Premiums 296737 350,484 MUSCO SPORTS LIGHTING LLC Building Materials Capital Maint. & Reinvestment Miller Park Softball Relighting 296931 344,707 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 2nd half TIF Payment 9192 329,937 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.02.22 1032366 323,000 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 2nd half TIF Payment 9199 287,857 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.16.22 296890 267,960 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Final Duck Lake Rd Improvements 9162 253,615 U S BANK Interest Water Enterprise Fund Debt Payment 9197 238,512 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 12.02.22 296926 221,853 STANDARD SIDEWALK INC.Other Contracted Services Capital Maint. & Reinvestment 2022 ADA PED Ramp Project 9190 208,941 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 11.18.22 296849 198,790 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 2nd half TIF Payment 296940 135,225 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 2nd half TIF Payment 9195 125,703 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax Nov 2022 1032377 118,070 ODESA II LLC Other Contracted Services Park Acquistion & Development Nesbitt Park Splash Pad 9160 102,821 USB-PURCHASING CARD Operating Supplies Various Funds Purchasing Card Charges 296938 101,695 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 2nd half TIF Payment 1032333 78,893 XCEL ENERGY Electric Various Funds 297052 77,010 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 297147 69,758 HYDROCORP Improvement Contracts Water Capital 296843 65,466 BKJ LAND COMPANY Asphalt Overlay Street Maintenance 296847 54,879 BOYER FORD TRUCKS Autos Fleet - Park & Rec 1032325 52,818 LOGIS Network Support IT Operating 297134 52,000 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 1032479 47,610 PRAIRIE ELECTRIC COMPANY Other Contracted Services Water Treatment 296901 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 297055 42,371 VAISALA Other Contracted Services Street Maintenance 1032474 42,085 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 1032478 34,524 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 297027 31,982 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 296996 31,243 BOLTON & MENK INC Design & Engineering Water Capital 9194 30,953 EMPOWER Deferred Compensation Health and Benefits 1032329 30,779 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 297154 27,820 LAVAN FLOOR COVERING Capital Under $25,000 Ice Arena Maintenance 297057 27,283 VIDEOTRONIX INC Equipment Repair & Maint Capital Maint. & Reinvestment 9201 26,902 EMPOWER Deferred Compensation Health and Benefits 9224 26,715 WEX Prepaid Expenses Health and Benefits 1032468 24,789 ESRI Software IT Operating 1032317 23,922 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1032420 22,913 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fire Station #3 296728 22,647 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 9193 22,606 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 296677 22,378 ASSOCIATED EXTERIORS INC Other Contracted Services Rehab Check #Amount Supplier / Explanation Account Description Business Unit Comments 9185 22,187 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds 1032363 21,811 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 296842 21,809 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint. & Reinvestment 296792 21,431 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 9200 21,184 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 296640 21,094 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1032473 20,563 GRANICUS INC Software Maintenance IT Operating 296927 19,585 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Non-Capital 296855 18,644 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing 296974 18,628 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 296883 17,781 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 297011 17,659 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 296828 17,532 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 296981 17,210 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1032484 16,980 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance 1032372 16,798 ITRON INC.Maintenance Contracts Water Metering 297143 16,342 GRI EDEN PRAIRIE, LLC Prepaid Expenses Prairie Village Liquor Store 297170 16,136 PRAIRIEVIEW RETAIL LLC Prepaid Expenses Prairie View Liquor Store 1032383 16,129 STREICHERS Clothing & Uniforms Police Sworn 297021 16,116 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 296647 16,101 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 9208 15,651 WEX HSA - Employee Health and Benefits 1032316 15,461 CENTERPOINT ENERGY Gas Various Funds 297025 15,364 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1032315 15,166 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Water Treatment 296763 15,062 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 9164 14,882 WEX HSA - Employee Health and Benefits 9226 14,546 WEX HSA - Employee Health and Benefits 296925 14,372 ST. PAUL PORT AUTHORITY Deposits General Fund 296953 12,997 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 296659 12,588 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 296653 12,545 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 296709 12,183 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 9196 12,148 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 296682 11,924 CATALYST GRAPHICS INC Printing Recycle Rebate 296706 11,872 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 297091 11,825 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1032411 11,689 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 296969 11,253 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1032402 10,880 WSB & ASSOCIATES INC Design & Engineering Historical Culture 296934 10,691 TYR TACTICAL LLC Protective Clothing Police Sworn 296970 10,672 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1032423 10,255 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 1032369 10,234 HAWKINS INC Repair & Maint. Supplies Water Treatment 1032386 9,903 XCEL ENERGY Electric Various Funds 296885 9,861 ISG Other Contracted Services Planning & Development 296732 9,829 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 9187 9,784 CARD CONNECT Bank and Service Charges Community Center Admin 296799 9,762 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296899 9,750 MILBANK WINWATER WORKS Capital Under $25,000 Water Capital 297046 9,540 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 296882 9,509 HOME DEPOT CREDIT SERVICES Equipment Repair & Maint Various Funds 297016 9,256 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Elections 296865 9,200 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution 296613 9,138 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1032327 8,962 POMP'S TIRE SERVICE INC Tires Fleet Operating 297190 8,958 VERIZON WIRELESS Cell/Pager Plans IT Operating 297152 8,804 KIESLER POLICE SUPPLY INC.Clothing & Uniforms Police Sworn 297063 8,800 JUNTTILA, DALE Accounts Receivable TIF-Eden Shores Senior Housing 297054 8,497 USTA NORTHERN Instructor Service Tennis 296935 8,410 VERIZON WIRELESS Capital Under $25,000 IT Operating 296623 8,408 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 297095 8,311 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 297001 8,287 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Park Shelters 296636 8,247 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 296961 8,195 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1032415 8,140 HAWKINS INC Treatment Chemicals Water Treatment 296831 7,943 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection 296979 7,716 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1032455 7,564 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 297177 7,476 SOCCER SHOTS Instructor Service Preschool Events 296871 7,395 GOODPOINT TECHNOLOGY INC Software Maintenance IT Operating 297084 7,378 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 9186 7,341 CHASE Bank and Service Charges Various Funds 297111 7,206 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1032475 7,097 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 297076 7,086 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 296884 6,869 INDIGITAL INC Other Contracted Services IT Capital 297048 6,781 STERNBERG LIGHTING Equipment Repair & Maint Traffic Signals 296841 6,750 BADGER METER Telephone Water Metering 296667 6,692 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 296939 6,574 WAYNES HOME SERVICES Window Washing Various Funds 297108 6,564 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1032330 6,514 STREICHERS Clothing & Uniforms Police Sworn 296918 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 296820 6,428 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 297083 6,423 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 9165 6,315 WEX HRA Health and Benefits 297185 6,300 TRACKER Prepaid Expenses IT Operating 296894 6,265 LEADSONLINE LLC Other Contracted Services Police Sworn 296637 6,261 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 297062 6,200 FIRST RATE HANDYMAN LLC Accounts Receivable TIF-Eden Shores Senior Housing 297072 6,200 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1032469 6,128 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 296777 6,099 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 296793 6,037 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 296628 6,000 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 296905 5,991 NATIONAL LEAGUE OF CITIES Dues & Subscriptions General Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032444 5,980 BRAUN INTERTEC CORPORATION Design & Engineering Water Capital 297017 5,889 HENNEPIN COUNTY TREASURER Printing Elections 296997 5,880 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 296643 5,795 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 297129 5,764 CATALYST GRAPHICS INC Printing Prairie View Liquor Store 296806 5,713 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 296794 5,709 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 297002 5,707 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 297085 5,663 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 296868 5,425 FOSTER MICHELLE Other Contracted Services Rehab 297191 5,399 VERTEX UNMANNED SOLUTIONS Capital Under $25,000 Police Sworn 296971 5,390 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 296872 5,278 GRAYMONT Treatment Chemicals Water Treatment 296712 5,272 GRAYMONT Treatment Chemicals Water Treatment 296655 5,191 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1032324 5,148 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment 296838 5,120 ASSESSMENT ASSOCIATES INTERNATIONAL Conference/Training Police Sworn 296916 5,120 RAY N WELTER HEATING Other Contracted Services Rehab 296943 5,100 POSTMASTER Postage Communications 297067 5,095 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1032360 5,067 VAN PAPER COMPANY Cleaning Supplies Various Funds 297150 5,061 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 296948 5,005 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 297019 5,003 HP INC Computers IT Capital 296869 5,000 GALLAGHER BENEFIT SERVICES INC Other Contracted Services Organizational Services 296998 4,953 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 296815 4,918 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 297153 4,850 KILLMER ELECTRIC CO INC Other Contracted Services Capital Maint. & Reinvestment 1032413 4,841 GENUINE PARTS COMPANY Reimbursement Ice Arena Maintenance 296920 4,800 SCOTT NELSON COACHING INC Training Fire 9203 4,716 WEX FSA - Dependent Care Health and Benefits 296744 4,708 POSTMASTER Advertising Prairie View Liquor Store 296681 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 296670 4,588 360 WALL SYSTEMS INC Reimburse-legal notices General Fund 296947 4,548 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 297193 4,500 WATERSHED PARTNERS Other Contracted Services Stormwater Enterprise Fund 296834 4,491 ARCHIVESOCIAL Software Maintenance IT Operating 296783 4,479 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 296654 4,462 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 297006 4,439 CORE & MAIN Repair & Maint. Supplies Water Distribution 297188 4,426 TRITECH SOFTWARE SYSTEMS Software Maintenance IT Operating 297060 4,359 WM CORPORATE SERVICES INC Waste Disposal General Community Center 296634 4,335 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1032320 4,317 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 1032362 4,310 CENTERPOINT ENERGY Gas Various Funds 296727 4,256 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 297022 4,160 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 296614 4,159 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1032328 4,133 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM Check #Amount Supplier / Explanation Account Description Business Unit Comments 297034 4,131 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 297144 4,104 HEALTHPARTNERS Prepaid Expenses 494 Corridor Commission 296875 4,052 GYM WORKS Equipment Repair & Maint Fitness Center 1032371 4,022 INTERSTATE POWER SYSTEMS INC Building Repair & Maint.Water Supply (Wells) 296648 4,008 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 297100 3,895 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 296825 3,894 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1032323 3,890 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 297101 3,871 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 297066 3,811 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 297149 3,790 ISG Design & Engineering Planning & Development 9231 3,782 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1032476 3,750 METRO SALES INCORPORATED*Equipment Rentals IT Operating 297020 3,700 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 1032412 3,672 FILTRATION SYSTEMS Supplies - HVAC General Community Center 297044 3,634 SIR LINES-A-LOT Contracted Striping Traffic Signs 296758 3,611 STATE OF MINNESOTA Autos Fleet - Park & Rec 296902 3,547 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 296760 3,500 TECH SALES CO Equipment Repair & Maint Water Treatment 1032464 3,402 BIFFS INC Other Contracted Services Utility Operations - General 297178 3,291 SSI KEF SLB LLC Electric Maintenance Facility 1032403 3,204 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 296959 3,197 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1032416 3,185 IDEAL SERVICE INC Contract Svcs - HVAC Ice Arena Maintenance 296949 3,181 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 296630 3,178 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 297158 3,175 MARTIN-MCALLISTER Employment Support Test Organizational Services 9214 3,127 WEX FSA - Dependent Care Health and Benefits 296626 3,040 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 296743 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 297068 2,950 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 296840 2,900 AURORA ASPHALT & CONCRETE Other Contracted Services Capital Outlay Parks 1032461 2,852 VAN PAPER COMPANY Cleaning Supplies General Community Center 297157 2,789 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 297146 2,750 HENNEPIN COUNTY MEDICAL CENTER Training Fire 297015 2,705 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 297160 2,660 METROPOLITAN COUNCIL OCS - Monitoring Stormwater Non-Capital 296978 2,645 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 296639 2,593 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 297164 2,589 MRPA Dues & Subscriptions General Fund 296915 2,560 RARE HOMES INC Accounts Receivable TIF-Eden Shores Senior Housing 296879 2,533 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 296967 2,525 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1032309 2,520 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance 1032396 2,516 CUSTOM HOSE TECH Repair & Maint. Supplies Fleet Operating 296680 2,497 BELAIR SITEWORK SERVICES Outside Water Sales Water Enterprise Fund 296851 2,485 CENTURYLINK Telephone City Center - CAM 296615 2,483 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 296814 2,478 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 297124 2,464 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development 297174 2,450 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease 296750 2,441 SAMBATEK INC Design & Engineering Wastewater Capital 296669 2,404 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 296994 2,370 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 1032375 2,356 METRO SALES INCORPORATED*Other Rentals Customer Service 296664 2,328 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 296889 2,325 KITCHEN REFRESH LLC Other Contracted Services Rehab 296990 2,309 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 296805 2,280 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1032379 2,251 POMP'S TIRE SERVICE INC Tires Fleet Operating 296621 2,222 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 297156 2,187 LUBE-TECH ESI Lubricants & Additives Fleet Operating 297010 2,152 EVENT SOUND & LIGHTING Other Rentals Summer Theatre 297033 2,135 PERFORMING INSTITUTE OF MINNESOTA Other Rentals General Fund 296921 2,095 SM HENTGES & SONS INC Other Contracted Services Facilities Capital 296839 2,063 AT YOUTH PROGRAMS LLC Instructor Service Tennis 297094 2,004 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 297038 1,989 SCANDIA CUSTOM CABINETS Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 297053 1,980 URBAN SUSTAINABILITY DIRECTORS NETWORK Dues & Subscriptions General Fund 296781 1,968 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 296914 1,965 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 1032421 1,951 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 296710 1,950 FIRENET SYSTEMS INC Building Repair & Maint.Utility Operations - General 296945 1,949 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 296836 1,935 ARVIG Fiber Lease Payments IT Operating 1032306 1,932 HACH COMPANY Laboratory Chemicals Water Treatment 297110 1,915 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 296718 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1032408 1,877 BOYER TRUCKS Equipment Parts Fleet Operating 296642 1,874 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 297013 1,829 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 296972 1,823 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 296904 1,812 MUNICIPAL EMERGENCY SERVICES INC Equipment Repair & Maint Public Safety Communications 296658 1,787 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 297168 1,785 PERA Wages and Benefits 494 Corridor Commission 296773 1,752 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1032431 1,725 XCEL ENERGY Electric Traffic Signals 1032321 1,718 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 1032334 1,713 ZIEGLER INC Equipment Repair & Maint Fleet Operating 297050 1,696 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 296685 1,681 CHART INDUSTRIES Equipment Repair & Maint Water Treatment 297102 1,650 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1032472 1,634 GRAINGER Cleaning Supplies City Center - CAM 9202 1,626 INVOICE CLOUD INC Bank and Service Charges Various Funds 296720 1,600 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 296973 1,591 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 296895 1,575 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 296964 1,567 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296739 1,562 NORTON HOMES Repair & Maint. Supplies Water Enterprise Fund 1032395 1,542 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 9228 1,536 WEX FSA - Medical Health and Benefits 296887 1,503 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 296993 1,500 AUDIO LOGIC SYSTEMS Other Contracted Services Capital Maint. & Reinvestment 1032414 1,496 GRAINGER Repair & Maint. Supplies Facilities Staff 297140 1,496 FIRE SAFETY USA INC Equipment Parts Fleet Operating 9166 1,491 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 297128 1,444 BTR OF MINNESOTA Equipment Parts Fleet Operating 296624 1,415 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 296652 1,407 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 296930 1,405 TMS JOHNSON Supplies - HVAC Maintenance Facility 297151 1,403 K2 SPORTS LLC Operating Supplies Outreach 1032378 1,393 PARROTT CONTRACTING INC Improvement Contracts Stormwater Capital 297196 1,390 YORKTOWN OFFICES Prepaid Expenses 494 Corridor Commission 1032289 1,390 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1032451 1,386 GLYNN JULIETTE Tuition Reimbursement/School Organizational Services 296958 1,370 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 297080 1,339 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 297090 1,335 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 296859 1,311 COMMERCIAL ASPHALT CO Asphalt Overlay Water Distribution 297037 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 296663 1,296 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 296999 1,292 BRIDGEWATER BANK TIF Payment TIF-Trail Point Ridge 296798 1,277 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 297032 1,260 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 297086 1,251 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1032343 1,246 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032291 1,234 VINOCOPIA Liquor Product Received Den Road Liquor Store 1032434 1,225 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 296772 1,222 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 296610 1,217 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 297165 1,210 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital 296933 1,210 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 297043 1,200 SIGHT AND SURF LLC Other Contracted Services Community Center Admin 296787 1,194 WINEBOW Liquor Product Received Prairie Village Liquor Store 297118 1,186 AIRGAS USA LLC Supplies - Pool Fire 1032406 1,155 BIFFS INC Other Contracted Services Park Maintenance 296907 1,139 NOW MICRO INC Miscellaneous Police Sworn 1032463 1,106 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 9189 1,100 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 296987 1,098 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1032482 1,097 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud 296824 1,089 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 297064 1,071 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 296672 1,061 ADESA MPLS Miscellaneous DWI Forfeiture 296617 1,059 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 296896 1,042 MARCO INC Hardware - R&M IT Operating 297018 1,040 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296795 1,039 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 297093 1,030 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 296983 1,026 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 296862 1,016 COREMARK METALS Supplies - General Bldg Fire Station #1 1032292 1,015 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032364 1,009 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 296708 1,000 F I R E Training Fire 296724 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 296701 998 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations - General 296789 984 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1032437 976 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 297092 956 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1032481 948 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC General Community Center 296722 942 KOLLMEYER, ANNE Accounts Receivable TIF-Eden Shores Senior Housing 1032425 934 SPS COMPANIES Supplies - Plumbing Arts Center 296717 930 IMMANUEL LUTHERAN CHURCH Rebates Stormwater Non-Capital 1032374 927 MENARDS Safety Supplies Tree Disease 297039 923 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 296690 922 COREMARK METALS Operating Supplies Traffic Signs 296625 920 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 296955 916 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 296638 903 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 297098 896 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 9225 892 WEX Other Contracted Services Health and Benefits 1032462 881 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund 296742 880 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 1032373 878 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 296900 864 MINNESOTA CHIEFS OF POLICE ASSOC Dues & Subscriptions General Fund 297180 860 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Non-Capital 9188 853 AMERICAN EXPRESS Bank and Service Charges Various Funds 9178 850 WEX FSA - Medical Health and Benefits 1032368 845 GRAINGER Small Tools Water Treatment 297074 844 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1032293 839 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1032465 837 CDW GOVERNMENT INC.Miscellaneous Police Sworn 297184 833 TALKPOINT TECHNOLOGIES INC Equipment Parts E-911 Program 296791 830 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store 296819 820 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 296832 820 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 1032417 810 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 1032358 806 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Tree Disease 296808 803 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 296767 801 ZOLL MEDICAL CORPORATION EMS Supplies Fire 296850 801 CEMSTONE PRODUCTS COMPANY Building Materials Park Maintenance 296740 794 NOW MICRO INC Capital Under $25,000 Community Center Admin 296853 778 CHART INDUSTRIES Equipment Repair & Maint Water Treatment 1032397 778 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 1032298 772 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1032349 771 GERBER, SCOTT Travel Expense Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 9163 768 WEX Other Contracted Services Health and Benefits 296776 767 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 296929 758 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 296903 758 MN DEPT OF TRANSPORTATION Testing Duck Lake Rd. Reconstruction 296778 756 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 296906 754 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 296876 750 HAAK LORI Conference/Training Stormwater Enterprise Fund 297040 740 SCHLOMKA SERVICES LLC Building Repair & Maint.Police (City Cost) 9191 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 9198 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 297104 722 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1032288 721 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1032294 719 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1032392 717 VINOCOPIA Liquor Product Received Den Road Liquor Store 296678 713 AVR INC Building Repair & Maint.Utility Operations - General 1032326 691 MENARDS Repair & Maint. Supplies Park Maintenance 297088 691 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 296811 685 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1032435 684 VINOCOPIA Liquor Product Received Den Road Liquor Store 296649 681 WINEBOW Liquor Product Received Den Road Liquor Store 296867 680 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1032429 676 VISTAR CORPORATION Merchandise for Resale Concessions 296813 674 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 1032388 673 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 297026 665 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 1032427 662 TOWMASTER INC Equipment Parts Fleet Operating 296846 660 BOWES BOB Conference/Training Heritage Preservation 9183 660 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 296671 654 AAA LAMBERTS LANDSCAPE PRODUCTS INC Gravel Water Distribution 1032380 652 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Maintenance Facility 296937 649 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 1032448 648 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 1032453 644 KLEINWACHTER, NICK Operating Supplies IT Operating 296980 640 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 296864 637 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 296674 636 AIRGAS USA LLC Supplies - Pool Pool Maintenance 296822 636 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 297014 632 GYM WORKS Equipment Repair & Maint Fitness Center 296917 625 RIEDELL SHOES Capital Under $25,000 Ice Lessons 296837 623 ASPEN MILLS Clothing & Uniforms Fire 296684 619 CENTURYLINK Telephone IT Operating 1032361 618 BOYER TRUCKS Equipment Parts Fleet Operating 296852 615 CENTURYLINK Telephone Various Funds 297106 615 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 296893 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 297138 600 FASOLI SUZANNE Cemetery Lot Maint. 20%Pleasant Hill Cemetery 1032370 599 IDENTISYS Operating Supplies Community Center Admin 1032345 597 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1032387 595 VINOCOPIA Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296910 594 PAPCO INC Janitor Service Park Shelters 297069 594 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1032405 594 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 297058 592 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1032393 589 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032300 584 BUCHANAN, KURT Travel Expense Fire 296786 582 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 297030 581 NAC Contract Svcs - HVAC Park Shelters 296668 580 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 296845 574 BOUND TREE MEDICAL LLC EMS Supplies Fire 296870 573 GERTENS Landscape Materials/Supp Park Maintenance 9174 570 WEX FSA - Dependent Care Health and Benefits 1032390 570 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1032430 570 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 297097 570 WINEBOW Liquor Product Received Den Road Liquor Store 1032432 569 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1032440 569 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 296922 568 SOLUTION BUILDERS Prepaid Expenses 494 Corridor Commission 296665 566 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 296844 556 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 296721 556 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Utility Operations - General 296661 555 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 296694 550 DENN TRICIA Other Contracted Services General Fund 296992 550 ASSURED SECURITY Building Repair & Maint.Park Maintenance 1032287 544 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1032359 543 THE OASIS GROUP Employee Assistance Organizational Services 296616 540 CARLOS CREEK WINERY Liquor Product Received Prairie Village Liquor Store 296928 539 STAPLES ADVANTAGE Office Supplies Customer Service 1032441 538 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 296726 535 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 9230 534 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 297113 530 WINEBOW Liquor Product Received Prairie View Liquor Store 296644 529 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 296746 525 READY WATT ELECTRIC Equipment Repair & Maint Emergency Management 1032480 525 PREMIUM WATERS INC Operating Supplies - Water Fire 297073 524 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 296976 521 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1032452 520 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 296848 519 BRO-TEX INC Safety Supplies Fleet Operating 296804 516 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 296627 515 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1032346 515 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1032404 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 297003 501 CENTURYLINK Telephone Various Funds 296723 500 LAMOORE ANNASTESIA Other Contracted Services Theatre Initiative 297007 500 DAKOTA COUNTY SHERIFFS DEPT Deposits General Fund 297023 500 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 297125 499 BACAL, AGNIESZKA Operating Supplies Outdoor Center 9209 495 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 9213 495 WEX FSA - Medical Health and Benefits 1032436 494 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032367 491 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 296785 488 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 296705 488 EMERGENCY TECHNICAL DECON Health & Fitness Fire 296800 485 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 297136 484 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 297056 476 VERIZON WIRELESS Other Contracted Services Various Funds 296977 475 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 297183 473 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1032381 466 REINDERS INC Chemicals Park Maintenance 297112 459 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1032424 458 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1032296 453 VINOCOPIA Liquor Product Received Prairie View Liquor Store 296936 450 VERMONT SYSTEMS, INC Computers Recreation Admin 296801 443 MEGA BEER Liquor Product Received Den Road Liquor Store 1032467 440 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection 296733 436 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1032331 434 TWIN CITY SEED CO Other Contracted Services Water Distribution 296950 430 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 297000 427 BRO-TEX INC Repair & Maint. Supplies Fleet Operating 296796 426 DOMACE VINO Liquor Product Received Den Road Liquor Store 296619 415 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 296730 408 MHSRC/DDP Other Contracted Services Senior Center Programs 1032308 405 METROPOLITAN FORD Equipment Parts Fleet Operating 297126 404 BIELKE, MID AR Utility Water Enterprise Fund 297071 400 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 296877 400 HALEY BARBARA Cemetery Lot Maint. 20%Pleasant Hill Cemetery 296821 399 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 297012 399 FIRE SAFETY USA INC Equipment Parts Fleet Operating 296759 394 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 297004 392 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 296662 389 MEGA BEER Liquor Product Received Prairie View Liquor Store 297135 389 EDEN PRAIRIE CENTER LLC Prepaid Expenses CDBG - Public Service 297109 381 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1032342 379 VINOCOPIA Liquor Product Received Den Road Liquor Store 297131 378 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 1032400 373 VAN PAPER COMPANY Cleaning Supplies General Community Center 1032305 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1032477 368 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 1032401 368 VINOCOPIA Liquor Product Received Prairie View Liquor Store 296911 365 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 296809 365 WINEBOW Liquor Product Received Den Road Liquor Store 297059 365 WINEBOW Liquor Product Received Prairie View Liquor Store 296631 352 WINEBOW Liquor Product Received Prairie Village Liquor Store 296693 350 DENN TRICIA Other Contracted Services General Fund 296779 350 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 296835 350 ARCPOINT LABS OF EDEN PRAIRIE Other Contracted Services Organizational Services 296645 347 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 297148 347 INDIGO SIGNWORKS, INC.Advertising Community Band 296954 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 296769 339 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1032419 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 297166 336 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1032454 336 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 297139 334 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution 297123 333 ASPEN MILLS Clothing & Uniforms Police Sworn 9220 333 WEX FSA - Dependent Care Health and Benefits 296960 333 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 296774 330 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 296780 323 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 296886 322 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms General Fund 296860 320 COMPAS Other Contracted Services Outreach 296909 320 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center 296827 318 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 296666 316 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 296770 316 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 296790 316 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 296755 315 ST CROIX LINEN LLC Operating Supplies-Linens Fire 1032319 314 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1032295 314 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 297031 310 NORTHERN BRANDS INC Operating Supplies Volunteers 296968 308 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1032344 306 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1032339 304 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1032356 304 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 296762 304 US POSTMASTER - HOPKINS Postage Senior Center Admin 296942 304 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 297041 300 SCOTT COUNTY TREASURER Other Rentals Police Sworn 296951 296 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 297103 294 DOMACE VINO Liquor Product Received Prairie View Liquor Store 297099 288 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 296803 287 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 296660 286 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 296802 285 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 297161 285 MINNESOTA STATE FIRE CHIEFS ASSN Training Fire 296656 282 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1032470 279 FACTORY MOTOR PARTS COMPANY Safety Supplies Fleet Operating 296747 279 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center 296683 275 CENTERPOINT ENERGY Other Contracted Services Rehab 296984 271 WINEBOW Liquor Product Received Den Road Liquor Store 296817 270 DOMACE VINO Liquor Product Received Prairie View Liquor Store 296963 270 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 297049 268 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 296965 266 WINEBOW Liquor Product Received Prairie Village Liquor Store 296956 261 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 296982 258 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 297087 258 DOMACE VINO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032355 256 OLSEN CHAIN & CABLE Small Tools Traffic Signals 296873 255 GROTH MUSIC Operating Supplies Community Band 296812 253 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1032297 253 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 297120 253 APPLIED CONCEPTS, INC.Equipment Repair & Maint Police Sworn 9216 252 US BANK - PAYMODE Bank and Service Charges Finance 1032422 251 MULCAHY COMPANY INC Building Repair & Maint.Utility Operations - General 297114 251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 9207 250 WEX HSA - Employee Health and Benefits 1032310 250 MPX GROUP, THE Printing Police Sworn 297008 249 DIRECTV Cable TV Community Center Admin 297175 248 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 9223 246 WEX FSA - Medical Health and Benefits 9227 246 WEX FSA - Medical Health and Benefits 1032385 246 VIKING ELECTRIC SUPPLY Repair & Maint. Supplies Park Maintenance 9177 242 WEX FSA - Dependent Care Health and Benefits 297096 242 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1032335 238 ANDERSEN WADE Mileage & Parking Facilities Staff 297133 235 DELTA DENTAL Prepaid Expenses 494 Corridor Commission 1032457 234 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 297121 232 ARAMARK Janitor Service Prairie View Liquor Store 297045 229 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1032312 228 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 296641 226 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 297186 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 9175 226 WEX FSA - Medical Health and Benefits 1032446 223 FADDEN, TIMOTHY Conference/Training Inspections-Administration 1032365 220 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 296830 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 296629 219 VINIFERA IMPORTS LTD Liquor Product Received Prairie Village Liquor Store 9217 215 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1032352 213 METROPOLITAN FORD Equipment Parts Fleet Operating 297163 212 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 297079 209 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 296957 208 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1032382 203 SPRINT Cell Phones 494 Corridor Commission 296863 202 DAYROBB BATTERIES PLUS Supplies - Electrical Fire 296765 201 VOLZ RICHARD AR Utility Water Enterprise Fund 296745 200 PROP - PR Charitable Contributions Health and Benefits 296924 200 ST. ANDREW LUTHERAN CHURCH Other Contracted Services Police Sworn 296944 200 ANOKA COUNTY SHERIFF'S DEPT Deposits General Fund 296975 198 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 297082 196 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1032426 196 STREICHERS Clothing & Uniforms Fire 1032290 195 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 296952 194 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 1032450 193 GENERAL PARTS LLC Repair & Maint. Supplies Den Road Liquor Store 9176 192 WEX FSA - Medical Health and Benefits 1032391 191 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296858 190 COMCAST Internet IT Operating 296620 189 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 297065 188 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 297155 188 LENNOX INDUSTRIES INC.Supplies - HVAC Park Shelters 296857 187 COMCAST Phone/Data/Web 494 Corridor Commission 1032433 187 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 296635 184 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 296946 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 297089 181 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 297142 180 FRANKLIN SPORTS Operating Supplies Pickleball (CC) 1032439 180 VINOCOPIA Liquor Product Received Prairie View Liquor Store 296892 178 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 297172 175 REGENTS OF THE UNIVERSITY OF MINNESOTA Conference/Training General Fund 296816 174 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 297078 174 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 297077 172 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 9172 171 WEX FSA - Medical Health and Benefits 1032303 170 FASTENAL COMPANY Safety Supplies Fleet Operating 296704 168 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 296676 166 ARAMARK Janitor Service Den Road Liquor Store 1032354 165 NESSLER STEVEN Clothing & Uniforms Police Sworn 296807 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 296766 163 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 297081 162 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 296707 160 ESTRINE, ROBERT Other Contracted Services Community Band 296633 159 56 BREWING LLC Liquor Product Received Den Road Liquor Store 297070 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 296995 159 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 1032322 158 GRAINGER Small Tools Water Treatment 296923 157 ST CROIX LINEN LLC Operating Supplies-Linens Fire 297179 157 ST CROIX LINEN LLC Operating Supplies-Linens Fire 296788 157 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 296775 156 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie Village Liquor Store 296797 156 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Den Road Liquor Store 296818 156 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie View Liquor Store 296833 155 ARAMARK Janitor Service Prairie View Liquor Store 297051 154 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 1032340 153 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1032314 153 VAN PAPER COMPANY Cleaning Supplies General Community Center 296874 151 GS DIRECT Office Supplies Recreation Admin 296657 150 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store 296686 150 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 296888 150 KIMMEL BARBARA Other Contracted Services Winter Theatre 297028 150 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 1032483 150 USA SECURITY Maintenance Contracts Water Treatment 297182 150 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 296618 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1032389 147 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1032299 146 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032341 146 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 296866 144 ENR Dues & Subscriptions General Fund 297167 144 PAULNOCK, NATHAN Clothing & Uniforms Volunteers 297107 142 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 297035 142 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 296768 141 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 296810 141 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 1032350 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 297169 138 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 1032399 137 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 297195 135 BROWNELLS INC.Training Supplies Police Sworn 297119 131 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment 296650 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 296985 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 296673 131 AIM ELECTRONICS Contract Svcs - General Bldg Ice Arena Maintenance 1032418 129 MENARDS Supplies - HVAC Arts Center 297024 129 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 297116 128 ACHARTZ THOMAS Operating Supplies Heritage Preservation 296622 128 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 296823 128 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 296632 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 296881 125 HOANG ALISA Tuition Reimbursement/School Fitness Classes 296891 125 LANE JAIMI Tuition Reimbursement/School Fitness Classes 296897 125 MESHBESHER, MARLEE Tuition Reimbursement/School Fitness Classes 296919 125 ROSE LISA Tuition Reimbursement/School Fitness Classes 297127 125 BOOMGAARDEN SARAH Tuition Reimbursement/School Fitness Classes 297194 125 WRIGHT TAMARA Tuition Reimbursement/School Fitness Classes 1032394 123 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 296880 121 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 296735 120 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 297137 120 ESTRINE, ROBERT Other Contracted Services Community Band 9184 120 PAYA Bank and Service Charges Arts 297105 118 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 297189 118 UNITED REFRIGERATION Supplies - HVAC Den Bldg. - CAM 296611 116 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 296697 116 EARL F ANDERSEN INC Signs Traffic Signs 296989 115 ARAMARK Janitor Service Den Road Liquor Store 296941 115 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Street Lighting 296751 113 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 1032311 113 OLSEN CHAIN & CABLE Safety Supplies Utility Operations - General 1032357 113 RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes 1032286 110 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 296754 109 SHRED RIGHT Waste Disposal City Hall (City Cost) 297117 108 AG SPRAY EQUIPMENT Equipment Repair & Maint Park Maintenance 296646 108 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 296966 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store 296729 105 MARBLE MEDORI Mileage & Parking Special Events Admin 296609 105 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 296784 105 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 296692 104 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Water Distribution 296756 104 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 297047 104 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 296986 100 ACE SUPPLY COMPANY INC Supplies - Electrical Senior Center 296988 100 ANOKA COUNTY SHERIFF'S DEPT Deposits General Fund 1032428 100 VIKING ELECTRIC SUPPLY Repair & Maint. Supplies Park Maintenance 296854 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance 1032449 98 GEIS, ROB Clothing & Uniforms Police Sworn 1032398 98 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 296908 97 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 296689 95 CORE & MAIN Repair & Maint. Supplies Staring Lake 296856 93 COMCAST Internet IT Operating 297061 93 AFLAC INC Wages and Benefits 494 Corridor Commission 9221 93 WEX FSA - Medical Health and Benefits 296962 92 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 1032318 92 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 296826 89 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 9171 87 WEX FSA - Medical Health and Benefits 297145 87 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 296878 84 HASSEBROEK JEN Operating Supplies Sustainable Eden Prairie 296725 84 LITTLE TYLER Mileage & Parking Athletic Programs Admin 296719 82 INTERTECH INC Contract Development IT Operating 297173 79 SCHMIT RON Operating Supplies Outdoor Center 9179 78 WEX FSA - Medical Health and Benefits 296651 76 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 296752 75 SCHMITZ, WENDY Employee Award Internal Events 297187 75 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION Dues & Subscriptions Police Sworn 296757 74 STAPLES ADVANTAGE Office Supplies Customer Service 9210 73 MONEY MOVERS INC Other Contracted Services Community Center Admin 1032471 72 FERRELLGAS Gas Outdoor Center 9168 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 9211 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 297009 71 EARL F ANDERSEN INC Signs Traffic Signs 296861 71 CORDER TRICIA Tuition Reimbursement/School Fitness Classes 1032443 70 BOLD, PAULINE Operating Supplies Outdoor Center 296749 65 SAMATAR FADUMO P&R Refunds Community Center Admin 9204 63 WEX FSA - Medical Health and Benefits 1032332 62 UPS Postage Police Sworn 296695 60 DEPARTMENT OF PUBLIC SAFETY Prepaid Expenses Prairie View Liquor Store 297075 60 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 1032347 60 CASE, RON Travel Expense City Council 1032438 60 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1032353 60 NARAYANAN PG Travel Expense City Council 296782 60 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 9219 56 WEX FSA - Medical Health and Benefits 1032410 56 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 296696 56 DOHERTY, SANDRA L Conference/Training Volleyball 1032302 56 DESAULNIERS, DAN Conference/Training Volleyball 297141 56 FLYNN, KERRY Operating Supplies Outdoor Center Check #Amount Supplier / Explanation Account Description Business Unit Comments 297005 55 COMCAST Cable TV Fire 296612 54 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1032459 54 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1032307 52 HESSEL, ZACK Clothing & Uniforms Police Sworn 1032351 52 HACH COMPANY Laboratory Chemicals Water Treatment 296913 51 PROPIO LS LLC Other Contracted Services Police Sworn 1032304 50 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes 1032466 48 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1032376 47 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 296687 47 COMCAST Cable TV Fire 296691 43 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 9215 40 WEX FSA - Medical Health and Benefits 9170 40 WEX FSA - Medical Health and Benefits 296736 40 MUNICIPALS Dues & Subscriptions Human Resources 296932 40 TSAI LULU Tuition Reimbursement/School Fitness Classes 297192 38 VINKEMEIER, JEFF Mileage & Parking Park Maintenance 9218 36 WEX FSA - Medical Health and Benefits 297029 35 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 1032445 35 EICHMAN NATHAN Clothing & Uniforms Police Sworn 9182 34 WEX FSA - Medical Health and Benefits 296991 33 ASPEN MILLS Clothing & Uniforms Police Sworn 296753 33 SCHROEDER HEATHER Operating Supplies Arts Center 296679 33 BALDALLO MALBERIS P&R Refunds Community Center Admin 296703 33 ELMI HUSSEIN P&R Refunds Community Center Admin 296715 33 HASHI SAID P&R Refunds Community Center Admin 296716 33 IBRAHIM FIHIMO P&R Refunds Community Center Admin 296741 33 OUSMANE AICHATOU P&R Refunds Community Center Admin 296829 31 AFLAC INC Wages and Benefits 494 Corridor Commission 9169 31 WEX FSA - Medical Health and Benefits 297036 30 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 296711 30 GILMORE LEESA P&R Refunds Community Center Admin 297181 30 STEVENSON MARCI Sales Tax Payable Historical Culture 1032301 28 COY, ERICA P&R Refunds Community Center Admin 1032447 26 FAGNANT, SUSAN Operating Supplies Outdoor Center 1032313 26 THOMPSON JONATHAN Mileage & Parking Assessing 9222 25 WEX FSA - Medical Health and Benefits 297176 25 SHULTS TATYANA Tuition Reimbursement/School Fitness Classes 1032460 23 TOLL GAS AND WELDING SUPPLY Equipment Repair & Maint Utility Operations - General 296688 23 COMCAST Other Contracted Services Police Sworn 296771 23 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 296912 20 PETERSON, MARJORIE P&R Refunds Community Center Admin 297132 20 DAKOTA COUNTY Licenses, Taxes, Fees Police Sworn 1032384 20 UPS Postage Human Resources 9180 19 WEX FSA - Medical Health and Benefits 1032348 18 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 297042 18 SHRED RIGHT Waste Disposal General Community Center 9173 16 WEX FSA - Medical Health and Benefits 296734 16 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 296738 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 296699 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 296700 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1032407 15 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 296731 15 MINK ZACH P&R Refunds Community Center Admin 9229 14 WEX FSA - Medical Health and Benefits 1032456 13 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance 9205 13 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 297115 13 ACE SUPPLY COMPANY INC Repair & Maint. Supplies Facilities Staff 1032458 13 RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes 296714 12 HARRIS ANN P&R Refunds Community Center Admin 296764 11 VIDALES JAVIER SOLIS Deposits General Fund 297159 11 MCKINLAY DUNCAN Deposits General Fund 296702 10 ELFTMANN, SYLVIA P&R Refunds Community Center Admin 296713 10 GUETHLING BARBARA P&R Refunds Community Center Admin 297162 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1032442 8 BERRY COFFEE COMPANY Merchandise for Resale Concessions 296748 7 REGISTRATION FEE TRUST Miscellaneous Organizational Services 297122 5 ARCHETYPE SIGNS Sign Permits General Fund 9212 4 WEX FSA - Medical Health and Benefits 297171 4 RED TAIL MULTIFAMILY LAND DEVELOPMENT Deposits General Fund 296698 4 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 9181 2 WEX FSA - Medical Health and Benefits 297130 1 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 9206 1 SQUARE Bank and Service Charges Community Center Admin 8,712,048 Grand Total City of Eden Prairie Purchasing Card Payment Report 1/3/2023 Amount Account Description Business Unit 9,373 Building Surcharge General Fund 6,964 Repair & Maint. Supplies City Center - CAM 4,311 Other Contracted Services Wine Club/Events 3,815 Operating Supplies Tree Disease 2,790 Health & Fitness Fire 2,506 Equipment Repair & Maint Emergency Management 1,929 Operating Supplies Fire 1,834 Equipment Repair & Maint Fire 1,723 Conference/Training Police Sworn 1,723 Conference/Training Police Sworn 1,494 Operating Supplies Police Sworn 1,489 Operating Supplies Fire 1,398 Fire Prevention Supplies Fire 1,190 Special Event Fees Senior Center Programs 1,171 Capital Under $25,000 Fitness Classes 1,127 Operating Supplies Tree Disease 1,062 Equipment Repair & Maint Police Sworn 1,042 Operating Supplies Outreach 998 Health & Fitness Fire 945 Travel Expense Economic Development 925 Travel Expense Fire 925 Travel Expense Fire 896 Special Event Fees Trips 890 Travel Expense Fire 858 Capital Under $25,000 Snow & Ice Control 839 Bank and Service Charges Prairie View Liquor Store 803 Repair & Maint. Supplies Water Metering 765 Prepaid Expenses General Fund 762 Employee Award Internal Events 743 Repair & Maint. Supplies Pool Maintenance 683 Landscape Materials/Supp Reforestation 609 Operating Supplies Outreach 599 Repair & Maint. Supplies Water Treatment 584 Training Supplies Fitness Center 584 Prepaid Expenses General Fund 580 Dues & Sub-Memberships Utility Operations - General 556 Protective Clothing Fire 556 Repair & Maint. Supplies Arts Center 549 Licenses, Taxes, Fees Fitness Classes 547 Travel Expense City Council Amount Account Description Business Unit 532 Conference/Training Street Maintenance 524 Prepaid Expenses General Fund 524 Tuition Reimbursement/School Police Sworn 524 Prepaid Expenses General Fund 521 Repair & Maint. Supplies Water Metering 515 Equipment Parts Emergency Management 515 Merchandise for Resale Concessions 501 Capital Under $25,000 Fitness Classes 485 Dues & Sub-Memberships Fire 466 Operating Supplies Police Sworn 457 Equipment Parts Fleet Operating 447 Operating Supplies Fire 443 Capital Under $25,000 Prairie Village Liquor Store 443 Capital Under $25,000 Prairie View Liquor Store 443 Capital Under $25,000 Den Road Liquor Store 425 Conference/Training IT Operating 404 Operating Supplies Police Sworn 400 Dues & Sub-Memberships Housing and Community Service 400 Dues & Sub-Memberships Housing and Community Service 393 Conference/Training Engineering 389 Clothing & Uniforms Senior Center Admin 385 Training Fire 380 Operating Supplies Fire 375 Tuition Reimbursement/School Police Sworn 370 Advertising Arts Center 370 Capital Under $25,000 Pickleball (CC) 367 Conference/Training Engineering 354 Operating Supplies Fall Harvest 354 Operating Supplies Fire 350 Prepaid Expenses General Fund 348 Canine Supplies Police Sworn 327 Clothing & Uniforms Outdoor Center 326 Operating Supplies Fire 323 Miscellaneous City Council 317 Operating Supplies Police Sworn 308 Operating Supplies Park Maintenance 300 Other Contracted Services Liquor Store Delivery 297 Tuition Reimbursement/School Police Sworn 296 Advertising Community Center Admin 289 Small Tools Traffic Signals 287 Equipment Repair & Maint Emergency Management 285 Clothing & Uniforms Special Events Admin 282 Operating Supplies Fire 281 Training Supplies Police Sworn Amount Account Description Business Unit 276 Operating Supplies Police Sworn 270 Prepaid Expenses General Fund 270 Tuition Reimbursement/School Police Sworn 270 Operating Supplies Fire 270 Repair & Maint. Supplies City Center - CAM 269 Operating Supplies Fire 269 Operating Supplies Outreach 269 Travel Expense Utility Operations - General 266 Licenses, Taxes, Fees Ice Lessons 265 Operating Supplies Outreach 265 Merchandise for Resale Concessions 260 Operating Supplies Police Sworn 259 Merchandise for Resale Concessions 255 Operating Supplies Fire 252 Repair & Maint. Supplies Water Treatment 250 Operating Supplies Specialty Fitness Programs 247 Operating Supplies Senior Center Programs 245 Clothing & Uniforms Fitness Admin. 244 Employee Award Organizational Services 240 Repair & Maint. Supplies Wasterwater Collection 240 Awards Communications 240 Awards Communications 240 Employee Award Internal Events 240 Dues & Sub-Memberships Assessing 240 Dues & Sub-Memberships Assessing 240 Dues & Sub-Memberships Assessing 237 Special Event Fees Trips 231 Operating Supplies Police Sworn 225 Tuition Reimbursement/School Police Sworn 225 Dues & Sub-Memberships Assessing 222 Miscellaneous City Council 220 Merchandise for Resale Concessions 219 Other Contracted Services Arts Center 218 Operating Supplies Volunteers 216 Training Supplies Police Sworn 214 Operating Supplies Day Care 214 Equipment Parts Fleet Operating 199 Operating Supplies Outdoor Center 199 Operating Supplies Outdoor Center 195 Tuition Reimbursement/School Police Sworn 194 Operating Supplies Police Sworn 189 Operating Supplies Fire 187 Operating Supplies Inspections-Administration 186 Operating Supplies Day Care Amount Account Description Business Unit 183 Operating Supplies Day Care 179 Dues & Sub-Memberships Communications 175 Conference/Training Pool Lessons 172 Operating Supplies Outreach 160 Operating Supplies Skating Rinks/Warming Houses 158 Operating Supplies Police Sworn 155 Advertising Prairie View Liquor Store 152 Operating Supplies Police Sworn 150 Training Supplies Fire 150 Fire Prevention Supplies Fire 150 Licenses, Taxes, Fees Fitness Classes 150 Licenses, Taxes, Fees Fitness Classes 146 Special Event Fees Senior Center Programs 142 Fire Prevention Supplies Fire 138 Operating Supplies New Adaptive 136 Travel Expense Police Sworn 135 Operating Supplies New Adaptive 134 Operating Supplies Fire 132 Operating Supplies Theatre Initiative 131 Small Tools Fleet Operating 130 Conference/Training Inspections-Administration 130 Conference/Training Inspections-Administration 129 Operating Supplies Fire 128 Travel Expense Fire 125 Tuition Reimbursement/School Police Sworn 125 Clothing & Uniforms Recreation Admin 123 Conference/Training Pool Lessons 120 Conference/Training Park Maintenance 120 Dues & Sub-Memberships Fire 120 Operating Supplies Fire 117 Miscellaneous Elections 112 Operating Supplies Fire 112 Operating Supplies Outreach 112 Operating Supplies Outdoor Center 112 Travel Expense Fire 109 Operating Supplies Police Sworn 108 Operating Supplies Fall Harvest 107 Operating Supplies Fire 105 Prepaid Expenses General Fund 105 Clothing & Uniforms Fitness Admin. 105 Equipment Parts Fleet Operating 104 Software/Hardware Maint.IT Operating 104 Merchandise for Resale Arts Center 103 Special Event Fees Senior Center Programs Amount Account Description Business Unit 102 Dues & Sub-Memberships Utility Operations - General 100 Employee Award Organizational Services 100 Miscellaneous Internal Events 100 Licenses, Taxes, Fees Fitness Classes 100 Operating Supplies Prairie View Liquor Store 100 Computers IT Operating 96 Operating Supplies Volleyball 95 Operating Supplies Internal Events 94 Operating Supplies Fire 92 Operating Supplies Fitness Classes 92 Operating Supplies Fall Harvest 91 Operating Supplies New Adaptive 91 Operating Supplies Outreach 90 Operating Supplies Fire 88 Operating Supplies Halloween Party 87 Operating Supplies Pool Operations 87 Software/Hardware Maint.Fire 86 Equipment Repair & Maint Utility Operations - General 86 Small Tools Park Maintenance 86 Operating Supplies Fire 85 Merchandise for Resale Arts Center 84 Training Supplies Fire 84 Conference/Training IT Operating 84 Operating Supplies Pool Operations 83 Health & Fitness Fire 82 Office Supplies Police Sworn 82 Safety Supplies Pool Operations 82 Operating Supplies Fire 82 Repair & Maint. Supplies Stormwater Collection 81 Operating Supplies Fall Harvest 80 Travel Expense Fire 79 Small Tools Fleet Operating 78 Operating Supplies Arts Center 78 Miscellaneous Elections 78 Repair & Maint. Supplies Wasterwater Collection 77 Operating Supplies New Adaptive 77 Operating Supplies Fire 75 Employee Award Organizational Services 75 Operating Supplies Fall Harvest 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Employee Award Internal Events Amount Account Description Business Unit 75 Advertising Community Center Admin 74 Operating Supplies Outreach 74 Operating Supplies Police Sworn 71 Operating Supplies Volleyball 71 Operating Supplies Arts Center 70 Travel Expense Utility Operations - General 70 Operating Supplies Fall Harvest 69 Conference/Training IT Operating 69 Dues & Sub-Memberships Athletic Programs Admin 68 Operating Supplies Outdoor Center 68 Operating Supplies Volleyball 66 Office Supplies Police Sworn 65 Licenses, Taxes, Fees Inspections-Administration 65 Licenses, Taxes, Fees Inspections-Administration 64 Operating Supplies Arts Center 64 Operating Supplies IT Operating 64 Operating Supplies IT Operating 63 Operating Supplies Pickleball (CC) 63 Operating Supplies Special Events Admin 62 Repair & Maint. Supplies City Center - CAM 62 Operating Supplies Arts Center 60 Operating Supplies Senior Center Programs 60 Operating Supplies Volleyball 60 Computers IT Operating 60 Travel Expense Senior Center Admin 59 Operating Supplies Pool Special Events 59 Operating Supplies Outdoor Center 58 Operating Supplies Arts Center 58 Office Supplies Police Sworn 58 Operating Supplies Police Sworn 57 Clothing & Uniforms Summer Theatre 55 Clothing & Uniforms Senior Center Admin 55 Conference/Training Utility Operations - General 55 Advertising Winter Theatre 55 Conference/Training Utility Operations - General 55 Operating Supplies Outdoor Center 54 Operating Supplies Arts Center 54 Prepaid Expenses General Fund 53 Equipment Repair & Maint Senior Center Programs 53 Conference/Training Police Sworn 53 Operating Supplies Fall Harvest 53 Operating Supplies Arts Center 50 Operating Supplies Outdoor Center 50 Employee Award Internal Events Amount Account Description Business Unit 50 Clothing & Uniforms Athletic Programs Admin 50 Conference/Training Pool Lessons 50 Conference/Training Pool Lessons 50 Clothing & Uniforms Youth Programs Admin 50 Operating Supplies Special Initiatives 50 Computers IT Operating 50 Fire Prevention Supplies Fire 49 Operating Supplies Senior Center Programs 48 Operating Supplies Outdoor Center 48 Travel Expense Fire 48 Repair & Maint. Supplies Fire Station #3 47 Operating Supplies Special Events Admin 47 Operating Supplies Fitness Center 47 Operating Supplies Street Maintenance 45 Conference/Training Inspections-Administration 45 Clothing & Uniforms Athletic Programs Admin 45 Operating Supplies Senior Center Programs 44 Operating Supplies Concessions 44 Operating Supplies IT Operating 43 Operating Supplies Special Events & Trips 43 Repair & Maint. Supplies Park Maintenance 43 Miscellaneous IT Operating 42 Equipment Parts Fleet Operating 42 Operating Supplies Fire 40 Employee Award Organizational Services 40 Conference/Training Park Maintenance 40 Computers IT Operating 40 Operating Supplies Arts Center 40 Travel Expense Fire 39 Travel Expense Fire 38 Operating Supplies Youth Programs Admin 37 Operating Supplies Day Care 37 Computers IT Operating 37 Travel Expense Fire 37 Miscellaneous IT Operating 37 Travel Expense Economic Development 37 Conference/Training Police Sworn 37 Conference/Training IT Operating 36 Special Event Fees Senior Center Programs 36 Operating Supplies New Adaptive 36 Travel Expense Fire 36 Operating Supplies Pool Operations 36 Operating Supplies Community Center Admin 36 Computers IT Operating Amount Account Description Business Unit 36 Computers IT Operating 36 Operating Supplies Arts Center 35 Conference/Training Human Resources 35 Operating Supplies Outreach 35 Operating Supplies Fire 33 Operating Supplies Arts Center 32 Travel Expense Fire 32 Travel Expense Fire 32 Operating Supplies Outreach 30 Operating Supplies Police Sworn 30 Licenses, Taxes, Fees Utility Operations - General 30 Conference/Training Police Sworn 30 Conference/Training Police Sworn 30 Licenses, Taxes, Fees Utility Operations - General 30 Travel Expense Economic Development 30 Operating Supplies Fire 30 Operating Supplies Community Center Admin 30 Operating Supplies IT Operating 30 Operating Supplies Traffic Signs 30 Operating Supplies Street Maintenance 30 Operating Supplies Prairie View Liquor Store 30 Operating Supplies Den Road Liquor Store 30 Operating Supplies Community Center Admin 30 Operating Supplies Arts Center 30 Operating Supplies Arts Center 30 Operating Supplies Outdoor Center 29 Travel Expense Fire 29 Operating Supplies Fitness Admin. 29 Repair & Maint. Supplies Ice Arena Maintenance 29 Fire Prevention Supplies Fire 28 Travel Expense Fire 28 Operating Supplies Arts Center 28 Operating Supplies Senior Center Programs 28 Operating Supplies Fitness Classes 27 Operating Supplies New Adaptive 27 Operating Supplies Fitness Classes 27 Repair & Maint. Supplies Water Distribution 27 Travel Expense Fire 27 Health & Fitness Fire 26 Operating Supplies Senior Center Programs 26 Operating Supplies Police Sworn 26 Equipment Parts Fleet Operating 25 Tuition Reimbursement/School Police Sworn 25 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit 25 Conference/Training Economic Development 25 Operating Supplies Fire 25 Operating Supplies Senior Center Programs 24 Operating Supplies Internal Events 24 Operating Supplies Police Sworn 24 Operating Supplies New Adaptive 24 Operating Supplies Arts Center 24 Operating Supplies Senior Center Programs 24 Operating Supplies Community Development Admin. 23 Conference/Training Police Sworn 22 Equipment Repair & Maint Park Maintenance 22 Operating Supplies IT Operating 22 Deposits General Fund 22 Operating Supplies Fire 21 Operating Supplies Fall Harvest 21 Operating Supplies Outdoor Center 21 Capital Under $25,000 Fitness Classes 20 Conference/Training Recreation Admin 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Licenses, Taxes, Fees Utility Operations - General 20 Licenses, Taxes, Fees Utility Operations - General 20 Conference/Training Arts Center 20 Operating Supplies Arts Center 20 Operating Supplies Police Sworn 20 Repair & Maint. Supplies Water Metering 19 Operating Supplies Outdoor Center 19 Operating Supplies Arts Center 19 Operating Supplies Concessions 19 Operating Supplies New Adaptive 18 Operating Supplies Arts Center 18 Conference/Training Police Sworn 18 Operating Supplies Arts Center 17 Operating Supplies Police Sworn 17 Dues & Sub-Memberships Police Sworn 17 Operating Supplies Outdoor Center 17 Operating Supplies Arts Center 17 Dues & Sub-Memberships Utility Operations - General 16 Operating Supplies Day Care Amount Account Description Business Unit 16 Other Contracted Services Organizational Services 16 Dues & Sub-Memberships Housing and Community Service 16 Conference/Training Police Sworn 16 Conference/Training Police Sworn 16 Operating Supplies Prairie View Liquor Store 15 Operating Supplies Arts Center 15 Dues & Sub-Memberships Communications 15 Advertising Winter Theatre 15 Janitor Service General Community Center 15 Other Contracted Services Organizational Services 15 Other Contracted Services Organizational Services 15 Travel Expense Fire 14 Operating Supplies Volunteers 14 Operating Supplies Arts Center 14 Operating Supplies Concessions 14 Conference/Training Police Sworn 14 Conference/Training Police Sworn 14 Operating Supplies Police Sworn 13 Special Event Fees Senior Center Programs 12 Operating Supplies Police Sworn 12 Operating Supplies Arts Center 12 Operating Supplies Pool Operations 12 Operating Supplies Pool Lessons 12 Fire Prevention Supplies Fire 12 Operating Supplies Arts Center 11 Conference/Training Police Sworn 11 Dues & Sub-Memberships Fire 11 Office Supplies Police Sworn 11 Operating Supplies Pool Operations 11 Conference/Training Police Sworn 10 Operating Supplies Pool Operations 10 Computers IT Operating 9 Office Supplies Arts Center 9 Conference/Training Park Maintenance 9 Operating Supplies Halloween Party 9 Office Supplies Arts Center 9 Operating Supplies Community Center Admin 9 Conference/Training Police Sworn 9 Conference/Training Police Sworn 9 Conference/Training Police Sworn 9 Operating Supplies Pool Operations 9 Operating Supplies Arts Center 9 Operating Supplies Outdoor Center 9 Operating Supplies IT Operating Amount Account Description Business Unit 8 Travel Expense Fire 8 Operating Supplies New Adaptive 8 Operating Supplies New Adaptive 8 Conference/Training Police Sworn 7 Operating Supplies Fitness Center 7 Conference/Training Police Sworn 7 Operating Supplies New Adaptive 6 Operating Supplies New Adaptive 6 Operating Supplies Arts Center 5 Licenses, Taxes, Fees Fleet Operating 5 Conference/Training Police Sworn 5 Conference/Training Police Sworn 5 Operating Supplies Arts Center 4 Advertising Community Center Admin 4 Special Event Fees Senior Center Programs 3 Conference/Training Police Sworn 3 Conference/Training Police Sworn 3 Mileage & Parking Police Sworn 3 Mileage & Parking Senior Center Admin 2 Travel Expense Fire 2 Travel Expense Fire 1 Bank and Service Charges Customer Service 1 Operating Supplies Fire 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 0 Operating Supplies Fire -14 Repair & Maint. Supplies Park Maintenance -20 Conference/Training Finance -27 Health & Fitness Fire -28 Operating Supplies Senior Center Programs -32 Operating Supplies Specialty Fitness Programs -37 Operating Supplies Day Care -58 Fire Prevention Supplies Fire -64 Special Event Fees Trips -83 Health & Fitness Fire -94 Operating Supplies Fire -95 Employee Award Internal Events -107 Operating Supplies Fire -265 Merchandise for Resale Concessions -358 Conference/Training Assessing -998 Health & Fitness Fire -2,790 Health & Fitness Fire 102,821 Report Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: January 3, 2023 DEPARTMENT/DIVISION: Public Works Robert Ellis ITEM DESCRIPTION: First reading of ordinances amending franchise fees for Xcel Energy, CenterPoint Energy and Minnesota Valley Electric Cooperative in the City of Eden Prairie ITEM NO.: XII.A. Requested Action Move to: • Approve first reading of an ordinance amending franchise fees for Xcel Energy; and • Approve first reading of an ordinance amending franchise fees for CenterPoint Energy; and • Approve first reading of an ordinance amending franchise fees for Minnesota Valley Electric Cooperative. Synopsis These amended fees will likely go into effect during the first or second quarter in 2023 once Xcel Energy, CenterPoint Energy and Minnesota Valley Electric Cooperative have had an opportunity to make billing system changes. Revenue derived from franchise fees will be used for the City of Eden Prairie Pavement Management Program. Background Franchise fee ordinances for Xcel Energy, CenterPoint Energy and Minnesota Valley Electric Cooperative were first instituted in 2012 after many months of investigating potential revenue sources for pavement management. The Budget Advisory Commission recommended franchise fees as the most suitable source and further recommended that a flat fee be implemented. The City Council approved this recommendation on June 19, 2012, and franchise fees have been in place since that time. Attachments Xcel Franchise Fee Ordinance Amendment CenterPoint Energy Franchise Fee Ordinance Amendment Minnesota Valley Electric Cooperative Franchise Fee Ordinance Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2023 ELECTRIC FRANCHISE FEE ORDINANCE AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: SECTION 1. The City of Eden Prairie Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Eden Prairie. (a) Pursuant to City Ordinance 18-2012, a Franchise Agreement between the City of Eden Prairie and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9.1 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy May, 2023 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee. Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Northern States Power Company by certified mail. Collection of the fee shall commence as provided above. Subdivision 8. Repeal of Franchise Fee Ordinance No. 1-2018. Ordinance 1-2018 is repealed effective as of the date of commencement of the franchise fee provided for herein in May, 2023 as specified in Subdivision 2. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of January, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of January, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk SCHEDULE A ________________ Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $6.50 Sm C & I – Non-Dem $8.50 Sm C & I – Demand $20.50 Large C & I $89.50 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___- 2023 NATURAL GAS FRANCHISE ORDINANCE AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”) FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA ORDAINS: SECTION 1. DEFINITIONS. Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City means the City of Eden Prairie, County of Hennepin, State of Minnesota. (2) Company, means CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its successors and assigns. (3) Franchise Agreement means the franchise agreement between the City and Company pursuant to City Ordinance 20-2012. (4) Notice means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 8080 Mitchell Road, Eden Prairie, MN 55344. SECTION 2. PURPOSE. The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. SECTION 3. FRANCHISE FEE STATEMENT AND SCHEDULE. A franchise fee is hereby imposed on Company commencing with the May, 2023 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $ 6.50 per month Firm A $ 8.50 per month Firm B $ 20.50 per month Firm C $ 89.50 per month Small Volume, Dual Fuel A (“SVDF A”) $ 89.50 per month Small Volume, Dual Fuel B (“SVDF B”) $ 89.50 per month Large Volume, Firm and Dual Fuel (“LVDF”) $ 89.50 per month SECTION 4. ACCOUNT FEE. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. SECTION 5. PAYMENT. Franchise fees are to be collected by the Company and submitted to the City as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. SECTION 6. RECORD SUPPORT FOR PAYMENT. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company’s records for the purpose of verifying such statements. SECTION 7. PAYMENT ADJUSTMENTS. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. SECTION 8. SURCHARGE. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI- 09-970. SECTION 9. DISPUTE RESOLUTION. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. SECTION 10. EFFECTIVE DATE OF FRANCHISE FEE. The effective date of this Ordinance shall be after its publication and ninety (90) days after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Collection of the fee shall commence as provided above. SECTION 11. RELATION TO FRANCHISE AGREEMENT. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. SECTION 13. PERMIT FEES. The Company will administer the collection and payment of franchise fees to the City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as though this provision did not exist. (2) The Company requests the fee to be waived at the time of application. SECTION 14. REPEAL OF FRANCHISE FEE ORDINANCE NO. 2-2018. Ordinance 2- 2018 is repealed effective as of the date of commencement of the franchise fee provided for herein in May, 2023 as specified in Section 3. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of January, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of January, 2023. ____________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2023 ELECTRIC FRANCHISE FEE ORDINANCE AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON MINNESOTA VALLEY ELECTRIC COOPERATIVE, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: SECTION 1. The City of Eden Prairie Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Eden Prairie. (a) Pursuant to City Ordinance 22-2012, a Franchise Agreement between the City of Eden Prairie and Minnesota Valley Electric Cooperative, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on, Minnesota Valley Electric Cooperative, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9.1 of the Minnesota Valley Electric Cooperative Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnesota Valley Electric Cooperative, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Minnesota Valley Electric Cooperative May, 2023 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Minnesota Valley Electric Cooperative will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment. Minnesota Valley Electric Cooperative shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Minnesota Valley Electric Cooperative by certified mail. Collection of the fee shall commence as provided above. Subdivision 8. Repeal of Franchise Fee Ordinance No. 3-2018. Ordinance 3-2018 is repealed effective as of the date of commencement of the franchise fee provided for herein in May, 2023 as specified in Subdivision 2. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of January, 2023, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of January, 2023. __________________________ Ronald A. Case, Mayor ATTEST: _________________________ Nicole Tingley, City Clerk SCHEDULE A ________________ Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $6.50 Sm C & I – Non-Dem $8.50 Sm C & I – Demand $20.50 Large C & I $89.50 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Franchise Fees and Pavement Management City Council Meeting January 3, 2023 Franchise Fees •Adopted in 2012 for Gas and Electric •Used for Pavement Management •Preferred Alternative to Annual Street Assessments •Avoids litigation, large assessments, devisive public hearings •More efficient, equitable, predictable and manageable •110 Cities in Minnesota Have Franchise Fees Pavement Management Background •580 Lane Miles of Streets •Average age 37 years •Preventative Maintenance ($0.20/square foot) •Crack seal, seal coat •Repair Maintenance ($1.50/square foot) •Mill & overlay, Texas underseal •Major Rehabilitation ($3.00/square foot) •Full depth reclamation, stabilization •Reconstruction ($10.00/square foot) Pavement Management Funding •Municipal State Aid Maintenance Dollars •$500K/Year •General Fund •$500K/Year •Franchise Fees •$3.2M/Year $500,000 $500,000 $3,200,000 Municipal State Aid General Fund Franchise Fees Pavement Management Goals Average Overall (currently 86) 0 10 20 30 40 50 60 70 80 90 100 Pavement Condition Index RatingExcellent Very Good Good Fair Poor Very Poor Failed Less than 10% (currently 2%) Strategies to Extend Pavement Life 0 10 20 30 40 50 60 70 80 90 100 0 10 20 30 40 50 60 70 80Pavement Condition RatingAge of Pavement Routine Maintenance Only Active Pavment Management Seal Seal Seal Seal Seal Seal Overay FDR Historical and Predicted PCI Future Outcomes (Citywide Average PCI) Excellent Fair Good Very Good Poor Failed Very Poor Future Outcomes (Poor, Very Poor, Failed) Future Outcomes (Poor, Very Poor, Failed) Recommendation •$6.50 Alternative •Residential $6.50 (up from $4.00) •Small Commercial/Industrial A $8.15 (up from $5.00) •Small Commercial/Industrial B $20.30 (up from $12.50) •Large Commercial/Industrial $89.40 (up from $55.00) •Achieves citywide average PCI of “Very Good” or better •Achieves nearly 10% below or equal to “Poor, Very Poor or Failed” •No need for special assessments Value of Franchise Fee ($780 over 10 years) Requested Action Move to: Adopt Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2023. Synopsis This designation is required on an annual basis. Since the Eden Prairie News published their final newspaper in April 2020, the Eden Prairie Sun Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. Attachments Eden Prairie Sun Sailor bid Resolution CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2022 DEPARTMENT / DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Designate Official City Newspaper ITEM NO.: XIV.A. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie Sun Sailor be designated as the official City newspaper for the year 2023. ADOPTED by the City Council of the City of Eden Prairie, on this 3rd day of January 2023. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Designate Official Meeting Dates, Time and Place for the City of Eden Prairie Council in 2023 and Appointing Acting Mayor ITEM NO.: XIV.B. Requested Action Move to: Adopt Resolution designating the official meeting dates, time and place for the City of Eden Prairie Council in 2023 and appointing Council Member _______ as Acting Mayor. Synopsis This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Acting Mayor in 2022. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2023 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert’s Rules of Order will prevail; and BE IT RESOLVED, that the first meeting of 2023 will be held on January 3 and the second meeting in January will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in June, July, and November will be held on the second Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in August will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2024 will be held on January 2; and BE IT FURTHER RESOLVED, that Council Member ______ is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 3rd day of January 2023. ________________________ Ronald A. Case, Mayor ATTEST: _________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of City Manager Administration ITEM DESCRIPTION: Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority ITEM NO.: XIV.C. Requested Action Move to: Adopt the resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member _________ as Secretary for calendar year 2023. Synopsis This appointment requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2022. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Ron Case, Kathy Nelson, Mark Freiberg, PG Narayanan and Lisa Toomey, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as Executive Director and Council Member _________ as Secretary of calendar year 2023. ADOPTED, by the City Council of the City of Eden Prairie, on this 3rd day of January 2023. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Designate Director and Alternate Director to the Suburban Rate Authority ITEM NO.: XIV.D. Requested Action Move to: Adopt Resolution designating _______________ as the Director and ____________as the Alternate Director to the Suburban Rate Authority. Synopsis This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate to the Suburban Rate Authority since 2019. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates ____________ as the Director and _____________ as the Alternate Director of the Suburban Rate Authority for 2023. ADOPTED, by the City Council of the City of Eden Prairie, on this 3rd day of January 2023. ____________________________ Ronald A. Case, Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Appointment to the National League of Cities ITEM NO.: XIV.E. Requested Action Move to: Approve appointment of __________ as Delegate and Council Members as Alternates to the National League of Cities. Synopsis This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Appointment to the Municipal Legislative Commission ITEM NO.: XIV.F. Requested Action Move to: Approve appointment of _________ to the Municipal Legislative Commission. Synopsis This appointment is approved on an annual basis. Mayor Case has served since 2019. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Appointment to the Southwest Cable Commission ITEM NO.: XIV.G. Requested Action Move to: Approve appointment of _________________ to the Southwest Cable Commission. Synopsis This appointment is approved on an annual basis. Council Member Freiberg has served on the Southwest Cable Commission since 2019. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the I-494 Corridor Commission ITEM NO.: XIV.H. Requested Action Move to: Approve appointment of ___________________ to the I-494 Corridor Commission. Synopsis This appointment is approved on an annual basis. Council Member Toomey has served on the I-494 Corridor Commission since 2021. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT / DIVISION: Jay Lotthammer Parks and Recreation Director ITEM DESCRIPTION: Appointment of Assistant Weed Inspector ITEM NO.: XIV.I. Requested Action Move to: Appoint Karli Cich as Assistant Weed Inspector for the City of Eden Prairie. Synopsis Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Karli Cich is the City’s current Forestry and Natural Resources Supervisor in the Parks and Recreation Department. CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Appointments to the Fire Relief Association ITEM NO.: XIV.J. Requested Action Move to: Adopt the resolution appointing ______________ and ________________ to the Eden Prairie Fire Relief Association. Synopsis Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: • One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually • The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the Fire Relief Association in 2022. The appointment of the Fire Chief is automatic according to statute. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED, that the City Council appoints __________ and ___________ to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2023. ADOPTED, by the City Council of the City of Eden Prairie, on the 3rd day of January 2023. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: January 3, 2023 DEPARTMENT/DIVISION: Office of the City Manager Administration ITEM DESCRIPTION: Appointment to the Southwest Transit Commission ITEM NO.: XIV.K. Requested Action Move to: Appoint _____________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2024. Synopsis It is necessary for the City Council to appoint an Appointed Representative for a two-year term to end on December 31, 2024. Council Member Freiberg held this position in 2022. Council Member Narayanan also is a representative on the board.