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HomeMy WebLinkAboutCity Council - 05/05/2015 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 5, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS MONTH PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL PLANNING SESSION HELD TUESDAY, APRIL 8, 2015 B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 21, 2015 C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 21, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUBD. 3 RELATING TO THE HEIGHT OF FENCES C. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES & RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE D. DECLARE SURPLUS PROPERTY CITY COUNCIL AGENDA May 5, 2015 Page 2 E. AWARD CONTRACT TO J&N WEED HARVESTING FOR AQUATIC WEED HARVESTING IN MITCHELL AND RED ROCK LAKES F. AWARD CONTRACT FOR 2015 CRACK SEALING PROJECT TO NORTHWEST ASPHALT & MAINTENANCE G. AGREEMENT WITH TRUE FRIENDS FOR PLAY AREA DESIGN, CONSTRUCTION AND GRANT ADMINISTRATION H. CHANGE ORDER FOR CONTRACT FOR FIBER DR LOOP BETWEEN THE COMMUNITY CENTER AND FIRE STATION 3 I. ADOPT RESOLUTION ACCEPTING DONATIONS FROM FRIENDS OF RED ROCK LAKE AND MITCHELL LAKE ASSOCIATION FOR AQUATIC INVASIVE SPECIES HARVESTING IX. PUBLIC HEARINGS/MEETINGS A. CROSSROADS CENTER by Tim Cashin. Request for Planned Unit Development Concept Review on 2.9 acres; Planned Unit Development District Review with waivers on 2.9 acres, Zoning District Amendment within the Commercial-Regional-Services District on 2.9 acres and Site Plan Review on 2.9 acres (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) B. PUBLIC HEARING TO CONSIDER CABLE FRANCHISE APPLICATION X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO ALCOHOL, TAPROOMS AND BREW PUBS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA May 5, 2015 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 5, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 5, 2015 TUESDAY, MAY 5, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS MONTH PROCLAMATION Members of the Senior Advisory Council will be present to accept the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL PLANNING SESSION HELD TUESDAY,APRIL 8, 2015 B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 21, 2015 C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 21, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. ANNOTATED AGENDA May 5,2015 Page 2 A. CLERK'S LICENSE LIST B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUBD. 3 RELATING TO FENCE HEIGHT C. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES AND RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE D. DECLARE SURPLUS PROPERTY E. AWARD CONTRACT TO J&N WEED HARVESTING FOR AQUATIC WEED HARVESTING IN MITCHELL AND RED ROCK LAKES F. AWARD CONTRACT FOR 2015 CRACK SEALING PROJECT TO NORTHWEST ASPHALT & MAINTENANCE G. AGREEMENT WITH TRUE FRIENDS FOR PLAY AREA DESIGN, CONSTRUCTION AND GRANT ADMINISTRATION H. CHANGE ORDER FOR CONTRACT FOR FIBER DR LOOP BETWEEN THE COMMUNITY CENTER AND FIRE STATION 3 I. ADOPT RESOLUTION ACCEPTING DONATIONS FROM FRIENDS OF RED ROCK LAKE AND MITCHELL LAKE ASSOCIATION FOR AQUATIC INVASIVE SPECIES HARVESTING IX. PUBLIC HEARINGS/MEETINGS A. CROSSROADS CENTER by Tim Cashin. Request for Planned Unit Development Concept Review on 2.9 acres; Planned Unit Development District Review with waivers on 2.9 acres, Zoning District Amendment within the Commercial-Regional- Services District on 2.9 acres and Site Plan Review on 2.9 acres (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was published in the April 23, 2015,Eden Prairie News and sent to 10 property owners. Synopsis: The project is for an exterior remodel and landscaping improvements. The site experienced hail damage in 2013 and the property owner is pursuing exterior improvements to the overall building façade, including adding definition, color and interest to the roof line and installation of canopies. The proponent is seeking to improve the overall look and functionality of the landscaping by pruning the existing trees, installation of ornamental trees, perennials, evergreen shrubs, boulders and prairie grasses to provide a natural looking landscape that can provide year round color. The berms are proposed to remain and the landscaping improvements will be located throughout the site to improve the overall look, ANNOTATED AGENDA May 5,2015 Page 3 visibility and screening of the site. The plan also includes adding bicycle racks to accommodate parking of up to 16 bicycles. The following PUD waiver is proposed: 1. Construction materials consisting of 46.1%EIFS and 53.6 %brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. The south, east, and west elevations all exceed the 75% exterior building material standards. The reduced construction materials on the north elevation are requested due to the existing conditions of the construction and structural analysis of the building. In addition, the proponent is proposing to provide modifications to the roof line and store front design that will provide additional interest, definition, and texture to the overall façade. Existin' Exterior 4 Pro osed Exterior —71411 _ . .. * xP - - • _ -.,, The 120-Day Review Period Expires on July 12, 2015. The Planning Commission voted 5-0 to recommend approval of the project at the April 13, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Commercial Regional Service Zoning District on 2.9 acres; and ANNOTATED AGENDA May 5,2015 Page 4 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. PUBLIC HEARING TO CONSIDER CABLE FRANCHISE APPLICATION Official notice of this public hearing was published in the April 9 and 16, 2015, Eden Prairie News. Synopsis: CenturyLink has requested that the City consider the grant of a cable communications franchise so CenturyLink can provide cable television services in the City. Pursuant to this request, staff has prepared the necessary documents to process the City's consideration of the grant of a competitive cable communications franchise. Attached hereto please find the following: 1. Procedural Timeline Regarding the Request for a Cable Communications Franchise 2. Notice of Intent to Franchise, required pursuant to Minn. Stat. Section 238.081, subd. 2 3. Application from Qwest Broadband Service d/b/a as CenturyLink for a Cable Communications Services Franchise in Eden Prairie The above referenced documents have been prepared to comply with the franchising procedure required under Minnesota state law. The Notice of Intent to Franchise was published in the official newspaper pursuant to the timeline that is included in the packet. The City received one application by the prescribed deadline. That application was submitted on April 30 from Qwest Broadband Service doing business as CenturyLink. The City must now hold a public hearing to consider the application and solicit public feedback. Following the public hearing, the City will be required to assess the legal, technical and financial qualifications of the applicant. The actual consideration of a potential franchise agreement would take place at a future City Council meeting. MOTION: Move to close the public hearing. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 RELATING TO ALCOHOL, TAPROOMS AND BREW PUBS Synopsis: The City has received inquiries concerning taproom,brewpub and growler liquor licenses. The City Code currently authorizes the issuance of brewpub licenses but not taproom or growler licenses. This Ordinance revises City Code Chapter 4 primarily relating to taprooms and growler sales but also ANNOTATED AGENDA May 5,2015 Page 5 incorporating a number of administrative type revisions for clarification of issues that the Police Department has indicated have raised questions over the years. Attached is a redlined version of Chapter 4 which is highlighted to identify the types of revisions. New language is highlighted in yellow; language that has been moved is in green; and language that has been clarified or reworded is in blue. Background Information Taproom State statute authorizes a city, including a city with municipal liquor store, to issue an on-sale taproom license to a brewer on or adjacent to the brewery location. The taproom license is limited to the sale of malt liquor(previously referred to as "strong beer") that the brewer manufactures on site. This provision also allows cities to permit Sunday on-sale for taprooms. A taproom license does not require that food be sold, therefore it is exempt from the City's principal part of business regulations. This ordinance authorizes the issuance of taproom licenses and the issuance of Sunday on-sale licenses for taprooms. Brewpub State statute authorizes a city to issue to a brewer an on-sale license for a restaurant operated at the place of manufacture. The brewpub license can be a malt liquor license issued only for malt liquor produced on site by the brewer or a full on-sale intoxicating liquor. A brewpub license is issued only to a restaurant, therefore it is required to meet the City's principal part of business requirement. The City Code currently permits the issuance of a brewpub license and Sunday on-sale. Growler In conjunction with either a taproom license or a brewpub license a city may issue an off-sale license to a brewer at its licensed facility for sales of growlers of malt liquor that is produced and packaged on site by the brewer. The City Code does not currently authorize the issuance of growler licenses. This ordinance permits the issuance of a growler license in conjunction with either a brewpub or a taproom license. Growlers may not be sold on Sundays under current State law, although the matter is before the legislature this session. Principal Part of Business The Ordinance reduces the principal part of business requirement from 50% food sales to 40% food sales for restaurants and hotels. Administrative In addition, the Ordinance makes a number of administrative type revisions to reorganize and clarify Chapter 4 in a more cohesive and coherent fashion to make the Chapter more understandable to individuals who apply for liquor license. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications. ANNOTATED AGENDA May 5,2015 Page 6 XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE 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 XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2015 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this 5st day of May 2015. Nancy Tyra Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson ITEM NO.: VI.A. CITY COUNCIL PLANNING SESSION TUESDAY,APRIL 8, 2015 CITY CENTER 5:30 PM, HERITAGE ROOMS CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Recorder Lorene McWaters Green Step Cities Program Getschow said the PCA has asked the City if we would commit to becoming a Level 4 Green Step City. Currently, the highest designation is Level 3, which the City achieved in 2014. PCA staff would provide e-mail and phone assistance in developing green initiatives for the Level 4 achievement. There was general agreement that the City should commit to achieving level 4. After 20-40-15 Getschow distributed a matrix of proposed "next step" green initiatives developed by staff. The initiatives are sorted into six main categories: transportation, water resources, solid waste, energy, land use/community development and other. Getschow asked the Council Members to identify which items they feel are the highest priorities. Case said there appear to be some larger themes - such as energy, lighting, water conservation, ecology-under which initiatives could be grouped. He said things like letting areas go natural and banning pesticides harmful to bees fit under "ecology." Nelson agreed that energy should be an area of focus. She said it would be helpful to identify what is actually doable in the areas of solar and wind energy, so that residents and businesses know what is possible. She suggested starting a green award program, and possibly providing incentives for properties that achieve gold or platinum LEED certification. She also supports buckthorn removal and buying local. She said a section of the web site should be devoted to green initiatives. Tyra-Lukens noted that the City is already working toward some of the items on the list. She agrees that it makes sense to focus efforts on energy, solid waste and water resources. She thinks there are opportunities to do more with solid waste. Aho said he received an inquiry from an Eden Prairie Center tenant asking why the mall does not offer recycling. Ellis said he will look into it. Jeremiah said recycling is required only in new construction. Nelson said she continues to receive input from residents about offering more recycling in the parks. Tyra-Lukens asked if it would be possible to have the community drop off event twice a year, instead of just once. Ellis said another day could be added. The cost per event is $40,000. Ellis said the program is highly successful. Residents save up items all year that they know they will be able to drop off free of charge. Nelson said the Senior Center has a free shedding event once a year. She would like another shredding event for the general community added. Tyra-Lukens said it will be hard to evaluate the success of some of the proposed initiatives. She asked how we would know if we achieved a 1 % increase in biking or walking. Ellis said a question could be included on the community survey. Aho said the I-494 Corridor Commission has metrics on those types of activities. Ellis said Eden Prairie could also choose to participate in the Bike Friendly Community program. Several different levels of achievement are possible, based on criteria such as trails,bike safety education, etc. Case suggested that each Council Member choose 10 to 15 items they consider most important from the matrix, then meet again to discuss the themes and priorities that emerge from the compiled results. Case said it may be helpful for Council to stay at the higher level of defining the themes and allowing staff to flesh out the details of how the goals are achieved. Getschow said Council Members can give their lists to him and he will compile the results. The resulting list will be used by staff to begin to formulate plans, and the Council can serve as the sounding board for the plans beginning as soon as their next meeting. Butcher Wickstrom suggested wrapping the plan so it can be marketed and talked about. Workplan Update Getschow provided a brief overview of each department's 2015 work plan. Goals The Council Members compiled a list of goals and priorities for 2015, including: • 20-40-15 Next Steps • LRT Station Public Art- Tyra-Lukens said the SWLRT project office is setting up art committees. The list of artists has been narrowed down to 8 to 10. The art will not come to the City Council for formal approval,but there will be opportunities to provide input throughout the process. Lotthammer said the Eden Prairie Station Art Committee will be provided with sketches based on the concepts discussed during their meetings with the artists and consultants, and the City Council will have the opportunity to view those sketches. The results of the station design charette will used by the artists to create their concepts. There are opportunities for public art outside of the actual stations in the immediate neighborhoods and as part of the larger streetscape. Staff has included funding in the CIP for each station, and a grant application has been submitted for station area design funds. Tyra-Lukens said UHG is interested in public art in their station area. The Council Members agreed that they would like to see the City logo or entry monument design elements incorporated in the art and design. • Seek input& feedback from diverse groups - Case said some groups (Somali, seniors, businesses) are still reaching out to Council Members for more connection. Getschow said an International Town Hall Meeting is being planned for the end of April by Housing & Community Services staff and the Human Rights &Diversity Commission. Case said these groups should always be on the front burner. • Involve citizens in decisions - Jeremiah said the comp plan update will provide a great opportunity for citizen involvement in decision making. Staff is exploring different methods to gather input, including attending established neighborhood events. There is also a desire to engage the community in commenting on the budget. • Exterior maintenance -Nelson suggested moving away from complaint-only enforcement. She would like to see a program similar to the park boundary program, where staff go out and actively inspect areas to determine whether or not property owners are in compliance. • Transportation o Planning for the future (comp plan) o Demographics o SW LRT (circulator system) • Community identity - The City Councils wants to keep historic properties at the forefront. The Council also mentioned the monument sign project, marketing initiatives, and website enhancements as efforts that contribute to community identity. • Marketing updates -Nelson would like the website to be more customized, with photos of each amenity or facility and a site index to help with navigation. • Younger/newer residents -Butcher Wickstrom noted that this demographic rated involvement lower than other segments. She would like to make sure they are brought into the decision making processes. The meeting was adjorned at 8:00 p.m. ITEM NO.: VI.B. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 21, 2015 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. WATER TOWER RECOATING PROJECT Ellis said the Town Center Water Tower is scheduled to be recoated in 2016. He said recoating is typically required every 15 years or so, and this water tower was last recoated in 1997. The cost for recoating is between$800,000 and$1,000,000. Staff has worked with a consultant to develop several designs for the outside of the outside of the tower. �� — - - �pEN PRAIRIE EdEN PRAIRIEvE wokK.�p! I � 1fN PRAIRIE: EDEN PRAIRIE EDEN PRAIRIE -1-••••=•-•;?. 1 1 2 3 4 5 Ellis said staff is looking for a design that is tasteful and timeless, and that also embodies the history of the community. The image will repeat two to three times around the tower, depending on the design and desired sight lines. Ellis said staff feels the designs with only a small patch of prairie grass lack boldness, and that inclusion of the "live, work, dream" tagline results in a design that is busy and may soon be dated. In general, staff prefers the design with prairie grass around the entire tower and the bird located below"Eden Prairie." The Council Members agreed they prefer this design. City Council Workshop Minutes April 21, 2015 Page 2 II. COMMUNITY IMAGE AWARDS PROGRAM Jeremiah said Mayor Trya-Lukens expressed interest in creating a community image award program. Community Development Technician Alysen Nesse and Communications Manager Joyce Lorenz researched award programs in other communities and developed a proposed program and roll out plan for an Eden Prairie award. Jeremiah said some of the proposed elements are based on the successful community image award program the City of Hopkins implemented about 10 years ago. The proposed awards would highlight community residents and businesses that make significant improvements to their properties, including landscaping, accessibility improvements,public art, green/sustainability(rain gardens, stormwater storage), lighting, signs or exterior upgrades. Jeremiah said the award could also honor those who demonstrate continued and superior maintenance of their property. Staff suggests three categories: commercial/industrial/office, multi-family residential, and single family residential. Selection committee members could include representatives from City Commissions, the Chamber of Commerce and local realtors. Jeremiah said if the City Council wants to move forward with the program, staff could begin advertising for nominations this summer, with the selection committee meeting and announcing a winner in the fall. The cost of the program would be minimal, consisting mainly of staff time and the cost of the award(estimated at $60 to $100 per award). There was general agreement that the awards program is a good idea, and that staff should proceed with implementation. Butcher-Wickstrom wondered if the timeline is too aggressive, and whether or not there is enough time to get the word out about the award before nominations are due. Jeremiah said marketing could begin as early as May, including an article in Life in the Prairie. Nelson suggested having a green award category for both commercial and residential properties. She said green improvements are important even though they are not always "pretty." Tyra-Lukens suggested combining all of the residential categories into one award. Jeremiah said the City would not have to give an award in each category every year. She feels that landscaping projects for single versus multi-family properties are very different. Tyra-Lukens asked how nominations will work. Jeremiah said both self-nominations and nominations by others will be allowed. Jeremiah asked for input on what to name the program. The City Council members agreed that the staff suggestion of"The Spirit of Eden Prairie Awards" is excellent. Jeremiah said Hopkins presents each winner with a garden stone, and asked what type of award the City Council prefers. Nelson suggested a plaque that could be displayed either inside or outside. Jeremiah said winners could be given a choice of what type of award they City Council Workshop Minutes April 21, 2015 Page 3 prefer. Butcher-Wickstrom suggested given each recipient a copy of the Eden Prairie book as well. Tyra-Lukens suggested advertising the award program at the Chamber of Commerce's Home and Garden Expo. III. DESIGN STANDARDS Jeremiah provided an update on the updated design standards (architectural standards, building rehabilitation/renovations, landscaping and screening, environmental standards, and public art) staff and the City Council have been discussing over the past year. She said staff reached out to architects and landscape architects during recruitment for the Planning Commission. Ed Farr, an architect who owns a design firm located in Eden Prairie, was appointed to the Planning Commission and began his three-year term in April. The Planning Department is currently interviewing candidates for a summer intern position. The intern will work with staff, the Planning Commission and the City Council to determine what changes need to be made to the comp plan, guidelines and ordinances to implement the updated design standards. Open Podium - Council Chamber IV. OPEN PODIUM A. BACKYARD CHICKENS Sara Freeland and Sarah Kallal asked the City Council to consider amending City Code to allow residents to keep chickens. They noted that a number of nearby communities allow residents to keep chickens. They said chickens provide many benefits including pest management, companionship, fertilizer and fresh eggs. They propose four hens per property, and up to 18 immature birds in educational settings. They said Adam Cook, a third-grade teacher from Prairie View, supports the ordinance change and would like to include raising chickens in his curriculum. Their proposal would allow chickens in rear yards in enclosures located 10 feet from property lines. They said state statute already includes standards for enclosures, and current animal cruelty standards apply to the treatment of chickens; therefore, they do not see a need for the City to license residents who keep chickens. They propose allowing for the slaughter of chickens, since they feel it is the most efficient and humane way of disposing of elderly or ailing hens. Tyra-Lukens noted that the City Council looked at this issue not long ago, and decided against making any changes to the ordinance. Case said he would like staff to contact neighboring Cities that allow chickens and report back to the City Council on pros and cons. Aho said he would be concerned about coyotes preying on chickens. Nelson asked how big enclosures would need to be. She City Council Workshop Minutes April 21, 2015 Page 4 would want to ensure the chickens were kept in humane conditions, and that they are not able to escape. V. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 21, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS Tyra-Lukens thanked those who participated in last weekend's park clean up day. She said volunteers helped to collect the trash and debris that had accumulated over the winter. A. I-494 CORRIDOR COMMISSION UPDATE Melissa Madison, Executive Director of the I-494 Corridor Commission, thanked Council Member Aho for serving as Chair of the Commission for the last three years, and Dave Lindahl for his service on the Commission for the last 26 years. She reviewed the background of the commission, which is made up of five member cities: Bloomington, Eden Prairie, Edina, Minnetonka and Richfield. She explained the current projects being worked on by the commission. She noted they are one of five Transportation Management Organizations in the Twin Cities, and have 19% of the metro area population and 230,000 jobs. The commission tries to encourage commuters to use transit, ride-sharing, and bicycles by providing free employer resources, hosting commuter fairs, providing individual commute assistance, offering a guaranteed ride home program through the Metropolitan Council, and "Try It" campaigns. They work with many employers to promote transit use, ride-share and telework programs. Tyra-Lukens thanked her for the report and noted giving commuters options and keeping cars off the road are important for Eden Prairie. Aho said Ms Madison and her staff do a fabulous job. The commission is a good investment because we can't build enough roads, so any reduction in vehicle miles helps the infrastructure. B. LET'S GO FISHING PROGRAM UPDATE Terry Eggan, President of Let's Go Fishing, Eden Prairie, thanked the Council for the support for their chapter which includes the use of the lakeshore at Lake Riley, the boardwalk staging area and the shed storage areas there. He gave an update of their activities and showed a video clip of the boating and fishing trips they provide for residents of assisted living and other facilities from mid-May through September. He noted being outdoors is healing and promotes well-being to older adults and the disabled. They rely completely on funding from donations and grants. Tyra-Lukens said Mr. Eggan works with a great group of volunteers who get along really well and have a great time. Mr. Eggan said the volunteers are totally devoted to the people they serve. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 31, 2015 MOTION: Nelson moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, March 31, 2015, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 31, 2015 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 31, 2015, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET PUBLIC HEARING DATE TO CONSIDER CABLE FRANCHISE APPLICATION C. APPROVE DUCK LAKE TRAIL GARDEN LICENSE AGREEMENT WITH EDEN PRAIRIE ASSEMBLY OF GOD CHURCH D. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 2 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS E. DECLARE SURPLUS PROPERTY F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO SUPPLEMENT WATERCRAFT INSPECTION PROGRAM G. AWARD CONTRACT FOR 2015 STRIPING TO SIR LINES-A-LOT H. ADOPT RESOLUTION NO. 2015-43 REVOKING MUNICIPAL STATE AID STREETS I. ADOPT RESOLUTION NO. 2015-44 ESTABLISHING MUNICIPAL STATE AID STREETS J. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITY AT 14150 PIONEER TRAIL K. APPROVE AMENDMENT NUMBER ONE TO MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT L. APPROVE SUBORDINATE FUNDING AGREEMENT 06 FOR LEVEL 2 COMPONENTS WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT M. APPROVE AMENDMENT NUMBER ONE TO SUBORDINATE FUNDING AGREEMENT 05 WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT N. ADOPT RESOLUTION NO. 2015-45 APPROVING TRAFFIC SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA AND HENNEPIN COUNTY FOR THE SHADY OAK ROAD/HIGHWAY 62 NORTH AND SOUTH RAMP INTERSECTIONS O. ACCEPT 100% PETITION FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS P. ADOPT PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS Q. APPROVE 2014 UNBUDGETED FUND TRANSFERS R. APPROVE CONTRACT WITH VTI FOR INSTALLATION OF ELECTRONIC CONTROLS FOR CARD READERS AND DOORS FOR COMMUNITY CENTER AQUATIC UPGRADE MOTION: Case moved, seconded by Nelson, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUBD. 3 RELATING TO THE HEIGHT OF FENCES Getschow said the Minnesota State Building Code was recently revised to allow fences to be constructed to a height of 7 feet without the issuance of a building permit. City Code currently limits the height of fences to 6 feet. Staff is proposing a change to the City Code to provide consistency with the State Building Code and to provide for a streamlined process for property owners wishing to construct a fence that complies with the State Code requirements. The code change would allow property owners to construct a 7-foot fence without issuance of a variance. The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, and to approve first reading of the ordinance amending Chapter 11.03 to address fence height. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES Getschow said recent legislative changes allow for the legal distribution of medical cannabis to qualifying patients in Minnesota beginning July 1, 2015. State law allows for eight distribution facilities (one per congressional district)to be located within Minnesota. The manufacturing facilities are separate facilities. The City of Eden Prairie was approached by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an overview of the anticipated business model, including business needs and potential impacts. City staff felt that this is a new use and it may not be appropriate in all zoning districts. The draft ordinance provides a definition of medical cannabis distribution facilities, which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to identify the Office and I2 zoning districts as appropriate locations for the distribution of medical cannabis and further identifies performance standards that would be required to be met. Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to 3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming the facility will provide service to roughly 80 persons per day. This is all under the current state provisions. Dr. Kyle Kingsley, CEO of Minnesota Medical Solutions, gave an overview of the organization and their plans for the future. He reviewed the compounds used in their products and the administration routes for the products. He said they are not able to sell plant materials, and their packaging will be readily identifiable as medicines. He said their patients and the patients' caregivers must register with security at the front desk so the public cannot access the facility. Butcher Wickstrom asked how they know they will have a customer base to support the business. Dr. Kingsley said the State did a survey and over 1000 people would have qualified to get medical cannabis. Butcher Wickstrom asked how many companies like this exist. Dr. Kingsley said there are two companies that qualified under Minnesota law. Butcher Wickstrom noted Dr. Kingsley had said the entire function is part of the business and asked if that is how the other company operates. Dr. Kingsley said Minnesota requires a completely vertical integration. Butcher Wickstrom asked if the level of security would remain high even if sales of the pharmaceuticals do not meet their expectations. Dr. Kingsley said it would. Tyra-Lukens asked about the cash only basis of the business. Dr. Kingsley said they have an open banking relationship in place to deal with their requirement that payments be made only in the form of cash or check. Tyra-Lukens asked if their patients can get medicine in any of the eight congressional districts after registering with the state. Dr. Kingsley said the patients may get it in any of the districts. Tyra-Lukens asked if the manufacturing occurs at the greenhouse. Dr. Kingsley said it must occur there by law. Case asked if the legislative law would supersede our local ordinance and if there would be any disadvantage to our having been the first to allow this type of facility. Rosow said the law restricts distribution of medical cannabis to those who have medical conditions that are currently identified in State statute. Because our Code is keyed to the current State restrictions, if the State were to broaden those categories to allow others to qualify, staff and the Council would have to determine whether the regulations we have in terms of zoning for this type of operation would still be valid. We have parking requirements that are related to the anticipated usage of the facility. He did not see State statute trumping the City's regulations because the State would have to take away the zoning regulations. Aho asked what is driving the decision to come to Eden Prairie and if Eden Prairie is the sole focus for the location. Dr. Kingsley replied they do have some specific locations in mind in Eden Prairie. They did a demographic analysis and found that Eden Prairie would be very accessible for patients in the Third District. Aho asked if the formulations have dosages that are well determined for all the different factors. Dr. Kingsley said they are able to formulate to a precise dose, and there are several FDA tracked medication dosages. Aho asked if there are defined standards in terms of normal medications. Dr. Kingsley said the medications are fairly well studied. Nelson asked if they plan to rent or purchase the building. Dr. Kingsley said they will be renting for all their dispensaries. Nelson asked if they would continue to meet their standards if they were to move. Dr. Kingsley said they are required to meet the standards in their license. Nelson asked about the length of their lease. Dr. Kingsley said it is generally five years and noted their dispensary facilities will be ones that he would be comfortable to have in his own neighborhood. Butcher Wickstrom commented the size seems very appropriate to the function, and she was comfortable with the planned facility. Aho noted in the body of the text provided to the Council there is a statement that the facility must be located 1000 feet from a school. Getschow said State law is a minimum of 1000 feet from a school location. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing, and to approve first reading of the ordinance amending Chapter 11 to define and regulate the use of medical cannabis distribution facilities. Motion carried 5-0. Getschow noted the action taken by the Council for first reading of the ordinance is, if there were to be such a facility in Eden Prairie, even if it were to be for another company or for another scenario, it would be limited to certain zoning districts. Tyra-Lukens asked if we would be asked to approve a dispensary. Getschow said we would not, and that was the reason for having the full presentation tonight. C. APPROVE WELLHEAD PROTECTION PLAN Getschow said Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well, and to ensure community growth and expansion do not negatively impact the city's water supply, the plan must be updated every 10 years. The update process has resulted in the formulation of a document which prescribes the city's plan to protect the public drinking water. Rick Whalen, Manager of Utility Operations, gave a PowerPoint presentation showing the planning process used to develop the updated Well Head Protection Plan(WHPP). He noted Kevin Miller was the consulting hydrologist who helped develop the draft WHPP. He said Eden Prairie has 15 deep wells averaging 400 feet in depth that pump water from the Prairie du Chien-Jordan aquifer. There are two million acres of land that contribute to the watershed area. In developing the new plan they determined that the Drinking Water Supply Management Area is larger than originally thought. Case asked if tritium is coming through the fissures or spreading out over the last 60 years. Whalen said water comes to the wells from all directions at various speeds depending on the surrounding rock. They are not sure where the radioactive material gets into the aquifer. Whalen said they are working on a partnership with the bordering communities who share responsibility for our water. That is important for Eden Prairie as well as to the other communities. He reviewed the locations of the Class V sites. Aho asked if the residential well heads are at the same depth as the City's wells. Whalen said those wells are typically less than 200 feet and are drilled into a glacial till formation. Whalen said they are primarily concerned with the pathways to contamination by private wells. City staff is working to make sure the existing regulations protect future development. We are working on a coordinated spill response with the neighboring cities and on an education program. Aho asked if they also look at the long term viability of the aquifer to provide water to those it serves to see if there is any danger of depleting the aquifer. Whalen replied we are involved in another process of updating the City's water supply plan. The Metropolitan Council works with communities on a collaborative approach to identify future water sources, and we are participating in that. We are sharing information and proceeding with our Comprehensive Guide Plan update. Nelson asked if we are going out to talk to those people who have private wells in the City to make sure they understand that they might do something that would impact the water supply. Whalen said they send out bulletins and have hand delivered information to Class V wells. Nelson asked if those people will have to sign something that they understand their well's impact on the water supply and that they intend to use it properly. Whalen said they will look specifically at high risk areas and, if the wells are in the County well index, they would go to private wells first to speak to the property owner. They are working on a handout for those property owners. Nelson asked if that will happen this year. Whalen said, as part of the Part II plan, we have ten years to engage members of the public. Once the plan is adopted and approved, owners with high risk wells will be contacted. Nelson said it would be good to reach out to them in less than ten years. Tyra-Lukens asked how long it will take for the State to approve the plan. Whalen said the Department of Health gets it next after the Council approves it. They want to have it completed by July, 2015. There were no comments from the audience. MOTION: Aho moved seconded by Nelson, to close the public hearing, and to adopt the City of Eden Prairie Wellhead Protection Plan. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager's Review and Compensation Tyra-Lukens said the City Council met on March 31, 2015, in a closed session to evaluate the performance and proposed salary of the City Manager. In the review process, the Council considered responses provided by Council Members, department heads and others. They reviewed the City Manager's accomplishments and priorities for the next 12 months. In summary, the evaluation is that Mr. Getschow continues to do an excellent job, and the City Council is proud to have him as our City Manager. Mr. Getschow's salary will be increased to $163,363 per year. MOTION: Nelson moved, seconded by Butcher Wickstrom, to commend City Manager Getschow on his outstanding performance and to increase his salary to $163,363 per year. Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Regulation of Train Speeds Ellis said his office does not routinely get concerns about train speeds in Eden Prairie. The authority to set train speeds rests solely with the Federal Rail Administration. The rail administration looks at various factors to set the speed limits, such as the condition of the tracks, the warning systems, and the volume of rail traffic. The speed through Eden Prairie is now 30 mph. and the railroad is authorized to run three trains per day, on average. The MnDOT Office of Rail Administration can temporarily set train speeds for emergency purposes. He noted two of our three signals are being upgraded. They don't receive frequent requests that speeds be reduced. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:31 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Amendment to Liquor License 2AM Closing Permit- Renewal Last Call Operating Co II Inc. DBA: Champps Americana - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning 2nd Reading of Ordinance Amending City Janet Jeremiah/Julie Klima Code Chapter 11.03 Relating to Fence Heights Requested Action Move to: • Approve 2nd Reading of the Ordinance amending Chapter 11.03 to address fence height and ordering the publication of said ordinance. Synopsis This is final approval of an ordinance relating to fence height. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.03, Subd. 3 E. is amended by (a) deleting the phrase, "walls and hedges; (b) placing a period after the word "yard"; (c) deleting the word "except"; (d) capitalizing the word "No"; (e) and deleting the comma and the word ",wall". As amended Paragraph E will read: "E. Fences not over 7 feet in height may occupy any yard. No fence, hedge or other planting, exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance." Section 2. City Code Chapter 11, Section 11.03, Subd. 3. G. 4. (1) General Screening is amended by deleting in the second sentence thereof the word"walls" and the phrase "six (6) feet in height". Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20 day of April, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the5th day of May, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2015. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning 2nd Reading of Ordinance Amending Janet Jeremiah/Julie Klima City Code Chapter 11 Regulating Medical Cannabis Distribution Facilities Requested Action Move to: • Approve 2nd Reading of the Ordinance amending Chapter 11 to define and regulate the use of medical cannabis distribution facilities. • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is final approval of an ordinance relating to medical cannabis distribution facilities. Attachments 1. Ordinance 2. Summary Ordinance 3. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL CANNABIS; 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 11.20 is hereby amended by inserting a new Subdivision 4 to read as follows: Subd. 4. Medical Cannabis. A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through §152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use. The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision. In addition, as used in this Subdivision, the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014. C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the OFC Office District subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014. 2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770 as each may be amended from time to time, including but not limited to the following: a) Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400. b) Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e). c) Prohibition against consumption of medical cannabis on the property set forth in Minn. Stat. 152.29, Subd. 2 (f). d) Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g). e) Personnel regulations, including prohibition against employing any person under the age of 21 and required background checks, set forth in Minn. Stat. 152.29, Subd. 2 (i). f) Prohibition against operation within 1000 feet of a school set forth in Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600. g) Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3. h) Prohibition against any displays of merchandise, interior signs, or other exhibits which are visible from outside of the Facility set forth in Minn. Rule 4770.0800, Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually, within 15 days of receipt, a copy of the registration required by Minn. Stat. 152.25, Subd. 1 shall be provided to the Chief of Police. Section 2. City Code Chapter 11, Section 11.30 is hereby amended by inserting a new Subdivision 4 to read as follows: A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through §152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use. The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision. In addition, as used in this Subdivision, the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014. C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the I-2 Industrial Park District as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014. 2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770 as each may be amended from time to time, including but not limited to the following: a) Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400. b) Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e). c) Prohibition against consumption of medical cannabis on the property set forth in Minn. Stat. 152.29, Subd. 2 (f). d) Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g). e) Personnel regulations, including prohibition against employing any person under the age of 21 and required background checks, set forth in Minn. Stat. 152.29, Subd. 2 (i). f) Prohibition against operation within 1000 feet of a school set forth in Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600. g) Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3. h) Prohibition against any displays of merchandise, interior signs, or other exhibits which are visible from outside of the Facility set forth in Minn. Rule 4770.0800, Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually, within 15 days of receipt, a copy of the registration required by Minn. Stat. 152.25, Subd. 1 shall be provided to the Chief of Police. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of April, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of May, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2015. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL CANNABIS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2015. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds Subdivision 4 to City Code Sections 11.20 and 11.30 defining as a permitted use and establishing regulations for a medical cannabis distribution facility; and incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 21st day of April, 2015. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,THAT THE CITY COUNCIL FINDS,DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. -2015 is lengthy. B. The text of summary of Ordinance -2015, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance -2015 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on the 5th day of May, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11,SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL CANNABIS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. -2015. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance adds Subdivision 4 to City Code Sections 11.20 and 11.30 defining as a permitted use and establishing regulations for a medical cannabis distribution facility; and incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Paul Schlueter Declare Surplus Equipment Fleet Services Requested Action Move to: Declare the attached list of property as "surplus property" and dispose through authorized methods. Synopsis Once a year, City departments take an inventory of obsolete and un-used equipment and identify items for disposal. These items are disposed of in accordance with City Code 2.86 Subdivision 3. "Disposal of Excess Property" The sale of used equipment helps fund the purchase of new equipment. Background Information The City of Eden Prairie has an agreement in place with the State of Minnesota, Department of Administration Surplus Services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. The attached list of surplus property will be auctioned at the State of MN auction in Arden Hills MN on Saturday May 16th. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment 2015 Surplus Property List 2015 Surplus Property List May 5, 2015 Equipment & Miscellaneous Property: Item # Quantity Description 1 11 Used Conference Room Chairs 2 3 Used Herman Miller 2-Drawer Box/Files 3 1 Used Ambassador Model 900 Shredder 4 1 Used GE Refrigerator/Freezer 5 1 Used Woods Chest Freezer 6 1 Used Galaxy Refrigerator/Freezer 7 1 Used Commercial Popcorn Popper(Less Kettle) 8 1 Used 4 Shelf Metal Bookcase 9 _ 1 Used Magnetic Message Board& Letters 10 3 Used 2-Stihl Leaf Blowers & 1-Stihl Chain Saw 11 1 Used Toro Recycler Mower 12 9 Used 8' Conference Tables 13 1 Used Typewriter Cart, Stapler& Shredder 14 1 Used North Star Electric Pump Sprayer 15 2 Used Herman Miller 3-Drawer Lateral Files 16 1 Used Herman Miller 6-Drawer Lateral File 17 2 Used Herman Miller 2-Drawer Lateral Files 18 2 Used Snapper and Pro Line Push Mowers 19 1 Used 75-Gallon Aluminum Transfer Tank for a Pickup 20 1 Used Misc. Waste Receptacles 21 1 SECO Dust Collector 22 1 Billy Goat Leaf Vacuum 23 2 Stihl Chainsaw & Echo Power Pruner 24 1 48" Lano Frame &Forks for Bobcat Skid Loader 25 1 Pallet Rack Frame & Cross Beams 26 1 Craftsman Joiner 27 1 66"Bobcat Fork Grapple 28 1 109"Bobcat Snow Bucket 29 1 Assorted Scaffolding 30 3 Aluminum Swim Platform Pontoons CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5822 ITEM NO.: VIII.E. Leslie Stovring Approve Agreement for Contract Services Engineering/Environmental with J&N Weed Harvesting for weed harvesting in Mitchell and Red Rock Lakes Requested Action Move to: Approve contract with J&N Weed Harvesting for aquatic weed harvesting in Mitchell and Red Rock Lakes for a not to exceed sum of$39,500. Synopsis The Mitchell Lake Association (MLA) and the Friends of Red Rock Lake (FORRL) have requested that the City of Eden Prairie coordinate an aquatic plant harvesting program in Mitchell and Red Rock Lakes with the Riley-Purgatory-Bluff Creek Watershed District aquatic invasive species plant management program. The costs will be paid primarily from the stormwater utility. Background Information The City conducted aquatic invasive species harvesting in Mitchell and Red Rock Lakes in 2014. In 2015 the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) completed Aquatic Plan Management Plans for both lakes. The Board of Managers has taken responsibility for conducting herbicide treatments in the lakes to aid in managing the water quality within the lakes. It is their hope that implementation of the herbicide treatment program will help in managing the growth of curly leaf pondweed within these lakes. To supplement this work,the MLA and FORRL have requested that the City provide: • Harvesting in the spring to supplement the herbicide treatment • Harvesting twice during the summer to help maintain recreational access to the lake Three quotes were received for the work. They included: • J&N Weed Harvesting= $34,921.68 • R&T Aquatic=$42,379 • Waterfront Restoration=$46,025 J&N Weed Harvesting conducted the harvesting operations in 2014 and staff recommends that they be used in 2015. The Aquatic Plant Management Plans prepared by Wenck Associates for the City and Watershed District provided three options for maintaining the lakes. These included harvesting only, herbicide treatment only and a combination of harvesting and herbicide treatment. They also provided an option for recreation area harvesting. The following tables summarize the estimates included in the reports. Cost Estimates—Mitchell Lake 15 Year Life Average Cost/Acre Alternative Description Acres Cycle Cost' Annual Cost''S /Year 1 Invasive Contract Harvesting 23 $265,000 $17,667 $771 2 Invasive Contract Herbicide 13 $156,000 $10,400 $783 3 Invasive Contract Harvesting 23 $279,000 $18,600 $809 and Herbicide 4 Recreation AreaHarvesting3'4 12 $152,000 $10,133 $854 Cost Estimates—Red Rock Lake 15 Year Life Average Cost/Acre Alternative Description Acres Cycle Cost' Annual Cost''s /Year 1 Invasive Contract Harvesting 23 $268,000 $17,866 $770 2 Invasive Contract Herbicide 14 $205,000 $13,667 $1,009 3 Invasive Contract Harvesting 234 $309,000 $20,600 $888 and Herbicide 4 Recreation Area Harvesting3'4 30.5 $343,000 $22,867 $749 lEach annual cost adjusted to inflation and summed to obtain a total lifetime cost. 2Assumes 13 acres for herbicide treatment and 10 acres for harvesting plus recreational channel harvesting. 3Assumes harvesting three times a year in channels(once with invasive harvesting)and twice a year in other identified areas (recreation areas). 4Acreage is equal to the sum of area harvested throughout the year(Acreage=acres harvested x times harvested) 5Assumes lakeshore residents responsible for their own channel from shore to recreational areas&any private swimming area. The harvesting for both lakes is estimated to total 62.3 acres (21.9 acres in Mitchell Lake and 40.4 acres in Red Rock Lake). The City plan includes: • Aquatic invasive species harvesting permit application in May 2015 for 23.1 acres. This would include the higher density invasive species areas plus the channels to those homeowners who contract with J&N. • Recreational harvesting permit for a total of 39.2 acres that would include two harvesting dates in late summer. The City has contracted with Blue Water Science to help delineate invasive species within the lakes to determine where to focus the harvesting efforts and to finalize the amount of harvesting area allowed under the Dept. of Natural Resources permitting requirements for the lakes. The City has budgeted $35,000 for harvesting. FORRL has offered to contribute $1,500 and MLA has offered to contribute $3,000 towards the cost of the harvesting operations. This amount will be added to the contract to allow flexibility in the area and amount of the lakes that will be harvested. Expenses above the amount reimbursed by the lake associations would be paid out of the stormwater utility. Attachments Contract Standard Agreement for Contract Services This Agreement ("Agreement'') is made on the 1 day of E,,4 I , 20 r_ , between the City of Eclen Prairie, Minnesota(hereinafter "City"),whose business address is 8080 Mitchell Road. Eiden Pr irie, i fN 55344, and ) t ram, �l�t';i '�Vt t l�r''•.jj rlt l`Lr , a M.innc:tti ita RV 11 1 (-0 i n (hereinafter"Contractor") whose business address is Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for U��t k, l',it.{-h bit'r i tt V t hereinafter referred to as the"Woi•k", The City and Contractor agree as follows: I. Scone of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as' of , 20 1 . The Work shall be completed by - 1' . 3. Obligations of Contractor, Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b_ Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, w eni--a—unifc t-ta-arad-badge-that-eleat4y, -identifies them-as-a vice-contractor., and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary. Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a not to exceed amount of $ as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,due to the delay. 6. Method of Payment. a. Contractor 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. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated<.�' 2-m -t �vIVj to Manage the Work. They shall be assisted by other staff members as necessary to facilitate th completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor 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. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's CompensationStatutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy. shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay ally retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non- performance of the other party ('notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: 30( co , k 54, Pj ; A 553Ig l Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant 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 Contractor 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 Contractor 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 Contractor 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. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. 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. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract., 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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 Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in arty breach thereunder, except as may be specifically agreed in.writing. 26. Entire Agreement. 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, 27. Compliance with Laws and Re_gulations. En providing services hereunder, the Contractor shall abide by statutes,ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Lt- t r, J& N Weed Harvesting Inc. P e_ l ETC 2. 301 West 5t"Street Bottineau, ND 58318 s F c)co\-•.0,\-\, t.A Proposal Submitted To: Work To Be Performed at: \ID IV{ Name: City of Eden Prairie Mitchell Lake Address: 8080 Mitchell Road City, State, Zip Eden Prairie, MN 55344 AGREEMENT FOR AQUATIC HARVESTING We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. *One cut of approximately 11.7 acres, or 23.4 hours, whichever comes first. The payment of is$5,148 for the cut and the mobilization fee of$500 , totaling$5,648, plus any weed transporting fees incurred, will be due upon completion for the spring curly leaf cut. Saty. 2- * One cut of approximately 10.2 acres, or 20.4 hours, whichever comes first. The payment of is$4,488 for the cut and the mobilization fee of$500 ,totaling$4,988, plus any weed transporting fees incurred, will be due upon completion for each of the summer cuts. IS+98?j 4- O= kt6 S` (If any additional hours are needed, the cost will be$220 per hour.) City will be responsible to find a disposal facility and will be responsible for all disposal fees of all weeds from lakes. If the dump location is more than one mile from the loading ramp the rate is$2.50/mile. NSSWW2. ,W .pe-t- C9-5.2%- Homeowners can contract with us to have their shoreline cut for the fee of$3.50 per shoreline foot. Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of other projects. We anticipate we can finish all projects. The City or Association that contacts us to start performing work on their lake will be the lake that we start on until it is completed. City will be responsible for all permits and fees from the Department of Natural Resources. )) Listed are current insurance limits. If you would like the limits increased, it will cost the City 754.84. Accepted by: Date: Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.We have necessary insurance policies that meet your specifications.All work is guaranteed to be as specified,and to be performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a substantial workmanlike manner.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made ad outlined above. Signature: �,: � , i /!,s, Date: ` � '/ �'e ,"r - _ **Signed with amendments to the City's standard agreement for contract services. Fx J& N Weed Harvesting Inc. `Ct E 2 2. 301 West 5th Y 1 Street Bottineau, ND 58318 Proposal Submitted To: Work To Be Performed at: Name: City of Eden Prairie Red Rock Lake Address: 8080 Mitchell Road City, State, Zip Eden Prairie, MN 55344 Ir3 AGREEMENT FOR AQUATIC HARVESTING We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. *One cut of approximately 11.4 acres, or 22.8 hours, whichever comes first. The payment of is$5,016 for the cut and the mobilization fee of$500 ,totaling$5,516, plus any weed transporting fees incurred, will be due upon completion for the spring curly leaf cut. * One cut of approximately 14.5 acres, or 29.0 hours, whichever comes first. The payment of is$6,380 for the cut and the mobilization fee of$500 ,totaling$6,880, plus any weed transporting fees incurred, will be due upon completion for each of the summer cuts. X > 1r20 (If any additional hours are needed, the cost will be $220 per hour.) City will be responsible to find a disposal facility and will be responsible for all disposal fees of all weeds from lakes. If the dump location is more than one mile from the loading ramp the rate is$2.50/mile. S— c ot.D p Homeowners can contract with us to have their shoreline cut for the fee of$3.50 per shoreline foot. Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of other projects. We anticipate we can finish all projects. The City or Association that contacts us to start performing work on their lake will be the lake that we start on until it is completed. City will be responsible for all permits and fees from the Department of Natural Resources. Listed are current insurance limits. If you would like the limits increased, it will cost the City 754.84. Accepte Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes, accidents or delays beyond our control.We have necessary insurance policies that meet your specifications.All work is guaranteed to be as specified,and to be performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a substantial workmanlike manner.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made ad outlined above. y7 Signature: t;} r�//L �! � �J Date: 9 < I_f **Signed with amendments to the City's standard agreement for contract services. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5894 ITEM NO.: VIII.F. Mary Krause Award Contract for 2015 Crack Seal Project Public Works/Engineering to Northwest Asphalt& Maintenance Requested Action Move to: Award contract for 2015 Crack Sealing project to Northwest Asphalt&Maintenance in the amount of$37,440. Synopsis Quotes were received Friday, April 17, 2015, for the 2015 Crack Sealing project. Six quotes were received as indicated in the attached bid tab. Background Information Street bituminous cracksealing is an annual street maintenance project in preparation for the 2015 sealcoat project. Cracksealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas. The 2015 operating and maintenance budget for street cracksealing is $135,000 under budget item 1707-6339. The trail and parking lots cracksealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material will be purchased by the Streets Maintenance Division directly; the contract award is for the placement of the sealant material. Staff recommends award to Northwest Asphalt &Maintenance. Attachment 2015 Bid Tab 2015 City Cracksealing City of Eden Prairie I.C. #15-5894 Northwest Asphalt& Fahrner Asphalt Sealers American Payment Maint. Precision Sealcoating Inc. ASTECH LLC Solutions Allied Blacktop Co. EST. UNIT UNIT UNIT UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Joint Sealant on Bituminous Streets(routed) 22,000 Lb. $1.170 $25,740.00 $1.315 $28,930.00 $0.960 $21,120.00 $2.62 $57,640.00 $1.38 $30,360.00 $2.25 $49,500.00 2 Joint Sealant on Bituminous Trails(Blow and Go) 10000. Lb. $1.170 $11,700.00 $1.315 $13,150.00 $1.290 $12,900.00 $2.52 $25,200.00 $1.38 $13,800.00 $2.95 $29,500.00 3 Lump Traffic Control Sum S0.00 $0.00 $0.00 $0.00 $6,500.00 $6,500.00 $2,500.00 $2,500.00 $0.00 $0.00 $12,500.00 $12,500.00 TOTAL BASE BID $37,440.00 $42,080.00 $40,520.00 $85,340.00 $44,160.00 $91,500.00 CITY COUNCIL AGENDA DATE: SECTION: Consent May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Jay Lotthammer, Director, Agreement with True Friends for Play Area Parks and Recreation Design, Construction and Grant Administration Requested Action Move to: Authorize entering into an agreement with True Friends for play area design, construction and grant Administration Synopsis The intent to the agreement is to facilitate the design, construction and grant administration for the play area at Camp Eden Wood. The City Attorney has drafted the attached agreement that recognizes all provisions of the current lease and specifically defines terms for the play area development process. Attachment Agreement AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND TRUE FRIENDS THIS AGREEMENT ("Agreement") is entered into between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as "Eden Prairie") and TRUE FRIENDS, a Minnesota non-profit corporation (hereinafter referred to as "True Friends"), with the parties collectively hereinafter referred to as the "Parties"or individually as the"Party". WHEREAS,Eden Prairie is the owner of certain land situated on the north shore of Birch Island Lake, adjacent and west of Birch Island Lake Park("Property"), which Property is leased to True Friends subject to a Lease Agreement dated ("Lease") in order for True Friends to operate recreational programs for individuals with disabilities; WHEREAS, Eden Prairie has received a grant from Hennepin County in the amount of $40,000 ("Grant") to be used for accessible recreational equipment for people with physical challenges and disabilities. The Grant requires a local match of$40,000; WHEREAS, True Friends has received a donation from C.H. Robinson in the amount of $40,000 ("Donation"). True Friends will transfer the Donation to Eden Prairie to constitute the local match for the Grant; WHEREAS, Eden Prairie intends to use the Grant and Donation to install accessible recreation equipment on the Property; NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. Equipment. If Eden Prairie elects to proceed with the installation of accessible recreational equipment on the Property,the following provisions shall apply: a. Eden Prairie shall work in conjunction with True Friends in regards to the design, placement and timing of the installation of the accessible recreational equipment. If, after good faith efforts to negotiate, Eden Prairie and True Friends are unable to reach agreement on the design, placement and/or timing, Eden Prairie may proceed with installation of the accessible recreational equipment taking into consideration to Eden Prairie deems practical and cost efficient,the concerns and input of True Friends. b. Eden Prairie shall prepare specifications and a request for bids for the installation of the equipment. c. Eden Prairie shall advertise for,receive, and open the bids. d. Any contract entered into for the accessible recreation equipment will be in the name of Eden Prairie and administered by Eden Prairie. e. Eden Prairie shall provide True Friends with a copy of the specifications, request for bids, and the selected bid and shall keep True Friends apprised of the timeline for the bid opening and the installation of the equipment. 1 2. Donation. True Friends shall transfer the Donation to Eden Prairie on or before the date Eden Prairie opens bids. 3. Rejection of Bids. Eden Prairie may accept or reject any or all bids or may choose to re- issue a request for bids. If Eden Prairie elects to reject all bids and not proceed with the installation of the equipment,Eden Prairie shall return the Donation to True Friends and neither Party shall have any further obligations under this Agreement. 4. Acceptance. True Friends hereby accepts the accessible recreational equipment subject to all terms and conditions of the Lease. The accessible recreational equipment shall remain the property of Eden Prairie and shall be surrendered to Eden Prairie at the expiration or termination of the Lease in same the condition it existed upon its installation, absent ordinary wear and tear. True Friends shall maintain the equipment in accordance with the terms of the Lease. 5. Right of Entry. True Friends hereby grants Eden Prairie, its agents, contractors, employees and representatives a right of entry to enter upon the Property in order to install the accessible recreational equipment. There shall be no diminution of rent or liability by reason of inconvenience, annoyance or injury to business on account of any such entry or acts Eden Prairie, its agents, contractors, employees or representatives. 6. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by True Friends under this Agreement which Eden Prairie requests to be kept confidential, shall not be made available to any individual or organization without Eden Prairie's prior written approval. The books, records, documents and accounting procedures and practices of True Friends or other parties relevant to this Agreement are subject to examination by Eden Prairie and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by True Friends in performing any of the functions of Eden Prairie during performance of this Agreement is subject to the requirements of the Data Practice Act and True Friends shall comply with those requirements as if it were a government entity. All subcontracts entered into by True Friends in relation to this Agreement shall contain similar Data Practices Act compliance language. 7. Non-Discrimination. During the performance of this Agreement, True Friends shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. True Friends 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. True Friends 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. True Friends 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. 2 8. Conflicts. No salaried officer or employee of Eden Prairie and no member of the Council, or Commission, or Board of Eden Prairie shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 9. Damages. In the event of a breach of this Agreement by Eden Prairie, True Friends shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 10. Enforcement. True Friends shall reimburse Eden Prairie for all costs and expenses, including without limitation, attorneys' fees paid or incurred by Eden Prairie in connection with the enforcement by Eden Prairie of any of the rights or remedies of Eden Prairie under this Agreement. 11. Agreement. Time is declared to be of the essence of this Agreement, and the terms hereof shall inure to and be binding upon the parties and their respective legal representatives, successors and assigns. This Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. This is a Minnesota contract and shall be construed according to the laws of Minnesota. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. [Remainder of Page Intentionally Left Blank. Signature Pages Follow] 3 CITY OF EDEN PRAIRIE BY: Nancy Tyra-Lukens, Mayor BY: Rick Getschow, City Manager 4 TRUE FRIENDS By: Its: By: Its: 5 arvig Project Quotation Project Name» Eden Prairie Mall Project Location» Eden Prairie,MN Quote Date: 8/4/2014 Date Quote Accepted Quote Valid until: 9/4/2014 Accepted by(print name) Quote Total: $18,440.00 Accepted by(signature) Service Provider Customer information Name:AEI Construction,Inc. Name: Kristi Etter 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 Project Description Eden Prairie firestation 3 to Community Center Install 1.25"duct and 24 fiber from fire station 3 to the community center. Quote includes building entrance up to 50'anything beyond this will be additional cost. Labor Unit Description Unit Description Qty Unit Price Total Price Install 1.25"duct 1000 $8.50 $8,500.00 Building entrance and install to server room 2 $2,500.00 $5,000.00 Pull 24 fiber fiber through duct 1100 $0.90 $990.00 $0.00 splicing 2 $950.00 $1,900.00 $0.00 $0.00 $0.00 $0.00 Labor Total» $16,390.00 Material Unit Description Unit Description Qty Unit Price Total Price 1.25"duct 1000 $0.50 $500.00 24 fiber 1100 $0.50 $550.00 $0.00 misc.materials 1 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 Material Total» $2,050.00 Project Terms *quote does not include winter rates *Payment terms-Net 30 days CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Kristi Etter, IT Manager Change Order for Fiber Redundancy from Community Center to Fire Station#3 Requested Action Move to: Approve the change order to the Construction Agreement with Arvig Enterprises for Phase 5 construction to create a redundant fiber loop from the Community Center to Fire Station 3. Synopsis This segment of the project works with the Fire Department to expand the City's fiber data network from the Community Center, the city's disaster recovery location to Fire Station#3 to create a redundant loop to allow connectivity to all City locations from the Community Center in the event of a natural disaster or fiber outage. Funding for this project will come from the CIP budget for Fiber to LOGIS and Remote Sites for 2014. Previously estimated Fiber Construction for Phase 5 sites: $18,440, plus $750 for Compass Consultant's engineering and drawing fees. The contract was originally approved by the City Manager in October 2014. The change order is for extra fiber and conduit necessary to complete the build(an increase of $5520). This increases the project cost to $24,820. Arvig provided a revised price quote for the entire contract, which is attached. Full stake designs will be provided upon contract signature. Background Information With all remote city locations now on fiber, this phase of the fiber build-out begins to create alternative fiber routes to prevent city network outages in the event of an accidental fiber cut or natural disaster. Giving the disaster recovery location a redundant loop will help ensure that the city network infrastructure is always available. Attachments Arvig Construction Quote Compass Quote Compass Site Picture Construction Agreement arvig Project Quotation Project Name>> Eden Prairie corn center Project Location» Eden Prairie,MN Quote Date: 4/16/2015 Date Quote Accepted Quote Valid until: 5/16/2015 Accepted by(print name) Quote Total: $24,820.00 Accepted by(signature) Service Provider Customer information Name:AEI Construction,Inc. Name: Kristi Etter 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 Project Description Eden Prairie firestation 3 to Community Center Install 1.25"duct and 12 fiber from fire station 3 to the community center. Labor Unit Description Unit Description Qty Unit Price Total Price Install 1.25"duct 1700 $0.00 Building entrance and install to server room 1 $0.00 Pull 12 fiber fiber through duct 2200 $0.00 $0.00 splicing 2 $0.00 $0.00 $0.00 $0.00 total 1 $21,975.00 $21,975.00 Labor Total» $21,975.00 Material Unit Description Unit Description Qty Unit Price Total Price 1.25"duct 1700 $0.00 12 fiber 2200 $0.00 $0.00 misc.materials 1 $0.00 $0.00 $0.00 $0.00 $0.00 total 1 $2,845.00 $2,845.00 Material Total» $2,845.00 Project Terms *quote does not include winter rates *Payment terms-Net 30 days Ccompass consonants inc. QUOTE 150 2nd Street SW DATE: 8/4/2014 Perham, MN 56573 QUOTE# 140804-1 Phone: (218)346-3600 Customer ID ARVIG Fax: (218)346-3610 Valid Until: 9/3/2014 Prepared by:Aaron Zierden Customer Derek Geiser AEI Construction 160 2nd St SW Perham, MN 56573 218-346-8896 DESCRIPTION TAXED AMOUNT Drawings for Eden Prairie Route 750.00 Subtotal $ 750.00 TERMS AND CONDITIONS Taxable $ - 1. Please fax or mail the signed price quote to the address above Tax rate 6.250% Tax due $ - Other $ Customer Acceptance (sign below): TOTAL Due $ 750.00 x Print Name: If you have any questions about this price quote, please contact Aaron Zierden, 218-347-3626 or aaron.zierden@trustcompass.com Thank You For Your Business! Vr+7n d s,f rr �L} Community Center , Eder')Prairie Figure Skating 0 1) Eden Prairie • Community vim . Censer • rti� eje If ® {. c Fire Station 3 FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES,INC. AND THE CITY OF EDEN PRAIRIE DISASTER RECOVERY LOOP THIS FIBER OPTIC CONSTRUCTION AGREEMENT ("Agreement") is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the"City"),Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks ("Existing Network") in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber ("Additional Network"), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction,installation,maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. "Agreement" means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. "Additional Network" means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to the City's Art Center and substation at Eden Prairie Center. C. "Fiber"means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG' OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig's Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. -No visible light transmission or air movement through the opening area. -Patch openings to fill remaining wall opening, be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer's specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the cost of all locates for the Additional Network. D. Payment. The City shall pay Arvig $24,820 for the, engineering, construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 3 of 9 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City's General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: 5 of 9 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network— Phase 4 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Leslie Stovring, Environmental Donation from the Mitchell Lake Coordinator Association and the Friends of Red Rock Engineering Lake for Aquatic Plant Harvesting Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$3,000 from the Mitchell Lake Association and $1,500 from the Friends of Red Rock Lake to support the aquatic plant harvesting operations in Mitchell and Red Rock Lakes. Synopsis The Mitchell Lake Association(MLA) and the Friends of Red Rock Lake (FORRL)have requested that the City of Eden Prairie coordinate an aquatic plant harvesting program in Mitchell and Red Rock Lakes with the Riley-Purgatory-Bluff Creek Watershed District aquatic invasive species plant management program. To assist with these efforts MLA has offered to donate up to $3,000 and FORRL has offered to donate up to $1,500. Background In 2015 the Riley-Purgatory-Bluff Creek Watershed District(RPBCWD) completed Aquatic Plan Management Plans for both lakes. The Board of Managers has taken responsibility for conducting herbicide treatments in the lakes to aid in managing the water quality within the lakes. However, they did not include harvesting in their management plan. In response, MLA and FORRL have requested that the city continue their invasive species harvesting and add in the option for recreational harvesting. In addition, MLA has requested that a portion of the lake not included in the management plan be evaluated for addition to the harvesting operation. FORRL and MLA have offered to contribute towards the cost of the harvesting operations,up to $3,000 by MLA and$1,500 by FORRL. This amount will be added to the city's contract with J&N Weed Harvesting to allow flexibility in the area and amount of the lakes that will be harvested. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gifts to the City to be used for the Aquatic Weed Harvesting Program in Mitchell and Red Rock Lakes in the amount $3,000 from the Mitchell Lake Association and $1,500 from the Friends of Red Rock Lake are hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 5th day of May, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: May 5, 2015 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Crossroads Center Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Commercial Regional Service Zoning District on 2.9 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project is for an exterior remodel and landscaping improvements. The site experienced hail damage in 2013 and the property owner is pursuing exterior improvements to the overall building façade, including adding definition, color and interest to the roof line and installation of canopies. The proponent is seeking to improve the overall look and functionality of the landscaping by pruning the existing trees, installation of ornamental trees, perennials, evergreen shrubs, boulders and prairie grasses to provide a natural looking landscape that can provide year round color. The berms are proposed to remain and the landscaping improvements will be located throughout the site to improve the overall look, visibility and screening of the site. The plan also includes adding bicycle racks to accommodate parking of up to 16 bicycles. The following PUD waiver is proposed: 1. Construction materials consisting of 46.1% EIFS and 53.6 %brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. The south, east, and west elevations all exceed the 75% exterior building material standards. The reduced construction materials on the north elevation are requested due to the existing conditions of the construction and structural analysis of the building. In addition, the proponent is proposing to provide modifications to the roof line and store front design that will provide additional interest, definition, and texture to the overall façade. Existing Exterior 4 I • Proposed Exterior • Background The 120-Day Review Period Expires on July 12, 2015 Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the April 13, 2015 meeting. Attachments 1. Ordinance 2. Resolution 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes CROSSROADS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Services Zoning District-2015-PUD-_-2015 (hereinafter "PUD-_- 2015-J. Section 3. The City Council hereby makes the following findings: A. PUD- -2015- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2015- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015-_are justified by the design of the development described therein. D. PUD-_-2015- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2015, entered into between Tim Cashin and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2015- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development_-2015- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. 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 7. 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 5th day of May 2015, 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 2015. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lotl, Block 1, Crossroads Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CROSSROADS CENTER FOR TIM CAHSIN WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 13, 2015, on Crossroads Center by Tim Cashin and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 5, 2015. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 7731 Flying Cloud Drive,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated March 10, 2015. 3. That the PUD Concept meets the recommendations of the Planning Commission dated April 27, 2015. ADOPTED by the City Council of the City of Eden Prairie this 5th day of May, 2015 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Lot 1, Block 1 Crossroads Center STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: April 13, 2015 PROJECT: Crossroads Center LOCATION: 7731 Flying Cloud Drive APPLICANT: Tim Cashin OWNERS: Crossroads Center of 212 Limited Partnership 120 DAY REVIEW: Expires July 12, 2015 REQUEST: 1. Planned Unit Development Concept Review on 2.9 acres 2. Planned Unit Development District Review with waivers on 2.9 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 2.9 acres 4. Site Plan Review on 2.9 acres BACKGROUND The Comprehensive Guide Plan shows the 2.9 acre property for Regional Commercial land use. Surrounding land uses are also guided Regional Commercial. The property is zoned Commercial Regional Service. SITE PLAN The proposed project is for an exterior remodel and landscaping improvements. The building experienced hail damage in 2013 and rather than replacing only the damaged areas, the proponent wishes to undertake a broader exterior improvement to overall building facade. As a part of the exterior improvements to the site, that proponent is proposing to include additional finishes to the roof line that provide additional definition, interest and color to the roof line. Also proposed is the installation of canopies to include additional texture, contrast, and interest to the façade. The current landscaping on site is primarily coniferous and deciduous trees on the berms located between the street and the building. The landscaping has become dated and overgrown. As a part of this plan, the proponent is seeking to improve the overall look and functionality of the landscaping as proposed on the attached plans. The proposed plan includes the pruning of existing trees by certified arborists, installation of ornamental trees, perennials, evergreen shrubs, Staff Report—Crossroads Center April 13, 2015 Page 2 boulders and prairie grasses to provide a natural looking landscape that can provide year round color. The berms are proposed to remain and the landscaping improvements will be located throughout the site to improve the overall look, visibility and screening of the site. The proposed site plan also includes the installation of bicycle racks that will accommodate the parking of up to 16 bicycles on site. PLANNED UNIT DEVELOPMENT WAIVER City Code requires construction materials of 75% of exterior building finishes to be face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. The existing structure utilizes a combination of brick and a metal sign panel. The proponent is proposing to reface the building using EIFS in place of the existing metal panel. Upon review of the building, it was determined that the structure would not be able to support the additional weight that would be created by using the materials identified as appropriate for 75% of exterior building finishes. The following PUD waiver is proposed: 1. Construction materials consisting of 46.1% EIFS and 53.6 %brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. The south, east, and west elevations all exceed the 75% exterior building material standards. The reduced construction materials on the north elevation are requested due to the existing conditions of the construction and structural analysis of the building. In addition, the proponent is proposing to provide modifications to the roof line and store front design that will provide additional interest, definition, and texture to the overall facade. SIGNS All sign permits will require review and approval through the sign permit process. SITE LIGHTING Additional lighting will be provided below the overhang and canopies as a part of the facade improvements. A photometric plan will be required to be submitted at the time of building permit and will be required to meet City requirements. STAFF RECOMMENDATIONS Recommend approval of the following request: Staff Report—Crossroads Center April 13, 2015 Page 3 1. Planned Unit Development Concept Review on 2.9 acres 2. Planned Unit Development District Review with waivers on 2.9 acres 3. Zoning District Amendment within the Commercial Regional Service zoning district on 2.9 acres 4. Site Plan Review on 2.9 acres This is based on plans stamp dated March 10, 2015 and the following conditions: 1) Prior to building permit issuance for the property, the proponent shall: a) Provide a photometric plan that complies with City requirements. b) Revise the landscaping plan to: (i) Increase the size of the three Black Hills Spruce (BHS) from 6 feet tall to 8 feet. (ii) Increase the size of the four proposed ornamental trees from 1.5 inch b&b to 2.0 inch b&b. a. Spring Snow Crab— 1 tree b. Flame Amur Maple—2 trees c. Autumn Brilliance Serviceberry— 1 tree c) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2) The following waivers have been granted through the PUD District Review for the property: a) Construction materials consisting of 46.1% EIFS and 53.6 %brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. 3) All signage shall require review and approval of a sign permit. Area Location Map - Crossroads Center Address: 7731 Flying Cloud Drive Eden Prairie, Minnesota 55344 1 ti — ) 111( O_ 7731 Flying Cloud Drive O • 'it �/� Prairie Center Drive O • / i Viking Drive t N __ I A s r 400 1 1 800 Feet Guide Plan Map -Crossroads Center 7731 Flying Cloud Drive, Eden Prairie, MN 55344 ' ,....444/1 el-r ' ..-." 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Prairie Center Drive 117 Viking Drive Mr ,erCity of Eden Prairie La e � id - \I Pla ' ' . p 2000-202 ' s - Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE ETA ii Y// Office/Industrial Open Water EIVE•WORK•DHEAM fO- Office/Public/Open Space Right-Of-Way 440 220 EL •0 ogamm�Me moe.m_o.„®o o..o.a, o ..o..440 Feet - Industrial Zoning Map - Crossroads Center 7731 Flying Cloud Drive, Eden Prairie, MN 55344 it '',. I. li li Ili ridillir 41*te 011"...- 414h' ------ 7731 Flying Cloud Drive Iill `1 \ —.1 —1 Prairie Center C Viking Drive It' ,iiiiiiiisi%iiiiiiisiiiii%- .41111 City of Eden Prai 'ng .i•P \,� . \ =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Miles .wau_...m..=m._..®..t..o.a.,a ,,,...,,ari,m ,..,,mo, Aerial Map - Crossroads Center Address:7731 Flying Cloud Drive Eden Prairie, Minnesota 55344 NN . / . .. , .,.. '441::01: • Otik. ni'l. t . .1. . I 45 Af ''' ' ;,,: ....-"--- •- • '*...•,,--.. „.• • > . 1 -•°.°.-... .' 7731 Flying Cloud Drive _ — -., ...• -- .i.ft ,, , -• , _.0 * . ' '.-4•.\,, -...Z.4 - , • . . --- .° 11 r •el'''A itiV . , • •. 014.:---I P - „ . t , .. .. , . , - - ,, , .,„ -... . ...,,,:,,f.,4..,=-6 A, ' ,.,. . $ \ # ' ' 1 \-, s 6 , ' '_ , - do apt • -I. I - I'\-:-\-- N , . - , • Prairie Center Drive -f-i• , . • il. ..t.„ (-, ; . : . --.... . („11,,...,;N: ..- •Ar, ‘.. V' "ft......,,_, 1111 11.1111ftift„ .1 ,,,,o :4.,1 ,, _ ---.."0%.' 4..• -It;.: - : i `4 P" . • '` i 4114114111\./ Na' ''') ,' , . - ' 4 :. ,0, • '',,?, '" Viking Drive \ - ' , ...,..... : _ -11W1"411 -, .- _ ,.., • 7:11` ...--........ 4 , . ...• . „ ‘Il • 1 4 ',P l' ..... MI 4, .•• a 0 210.. ------4_,! 840 ..,. ,i• . ---. -,..0.1 -*. 111111111111111 - —"JIM APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 13, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Kirk called the meeting to order at 7:00 p.m. Stoltz and Wuttke were absent. II. SWEARING IN OF NEW MEMBERS A. Ed Farr- Julie Klima officiated the swearing in of the new Commission Member III. APPROVAL OF AGENDA MOTION by Higgins, seconded by Weber, to approve the agenda. Motion carried 5-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 23, 2015 MOTION by Weber, seconded by Pieper, to approve the minutes. Motion carried 4-0. Farr abstained. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS Planning Commission Minutes April 13, 2015 Page 2 A. CROSSROADS CENTER by Tim Cashin Request for: • Planned Unit Development Concept Review on 2.9 acres • Planned Unit Development District Review with waivers on 2.9 acres • Zoning District Amendment within the Commercial-Regional-Services Zoning District on 2.9 acres • Site Plan Review on 2.9 acres Scott Nelson, architect for the project,presented the proposal. He stated they have been working with City Staff to update the exterior of the building and landscaping. Mr. Nelson utilized the PowerPoint to show the hail damage that was on the building and said the owner would like to replace it. They would like to use lightweight materials and are proposing an EFIS exterior and canvas awnings. They will also be putting up new signage that will be in compliance with City Code. In regards to landscaping they would like to update the area by pruning the trees and adding ornamental trees, perennials, and evergreen shrubs and prairie grasses. Vice Chair Kirk asked Klima to review the staff report. Klima said the property owner is seeking to create a façade exterior and the landscaping will exceed the requirements of City Code. Staff recommendation is for approval. Farr commented two parking stalls are being replaced by bike racks and asked if the proponent was still within City Code for meeting parking requirements. Klima said they were still in compliance with the City Code. Vice Chair Kirk opened the meeting up for public input. There was no input. MOTION by Pieper, seconded by Farr, to close the public hearing. Motion carried 5-0. MOTION by Pieper, seconded by Farr, to recommend approval of the Planned Unit Concept Review on 2.9 acres; Planned Unit Development District Review with waivers on 2.9 acres; Zoning District Amendment within the Commercial- Regional-Services Zoning District on 2.9 acres and Site Plan Review on 2.9 acres as represented in the April 13, 2015 staff report. Motion carried 5-0. VIII. PLANNERS' REPORT A. EDEN PRAIRIE STATION AREA CHARRETTE DESIGN ALTERNATIVES SESSION—Wednesday April 15th at 7:30-9:30 am in the Heritage Rooms Planning Commission Minutes April 13, 2015 Page 3 Klima said this will be a presentation of the alternatives identified for the 5 LRT station areas in Eden Prairie. IX. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Pieper said he has no updates. Higgins said she attended the open house and they talked about the LRT stations in Eden Prairie. There were about 40-50 people in attendance. She said she did pick up from conversation that the area at the Southwest Station will be building another parking ramp and anticipating much more congestion in the area with individuals using the LRT and buses. In that area, the wind that blows in the winter can be very harsh and the current shelter areas they have will not hold all of the people that are waiting for their transportation. More shelters will most likely have to be built. Higgins suggested going to SWLRT.org or 612-373- 3800 for more information. Pieper said the issue of the wind in the Southwest Station area was brought up at the Community Advisory Committee meeting. X. CONTINUING BUSINESS No continuing business. XI. NEW BUSINESS No new business. XII. ADJOURNMENT MOTION by Higgins, seconded by Pieper, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:37 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 5, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Rick Getschow, City Manager Public Hearing for the Consideration of a Cable Communications Franchise Requested Action Move to: Close the public hearing. Synopsis CenturyLink has requested that the City consider the grant of a cable communications franchise so CenturyLink can provide cable television services in the City. Pursuant to this request, staff has prepared the necessary documents to process the City's consideration of the grant of a competitive cable communications franchise. Attached hereto please find the following: 1. Procedural Timeline Regarding the Request for a Cable Communications Franchise; 2. Notice of Intent to Franchise, required pursuant to Minn. Stat. Section 238.081, subd. 2; 3. Application from Qwest Broadband Service d/b/a as CenturyLink for a Cable Communications Services Franchise in Eden Prairie. The above referenced documents have been prepared to comply with the franchising procedure required under Minnesota state law. The Notice of Intent to Franchise was published in the official newspaper pursuant to the timeline that is included in the packet. The City received one application by the prescribed deadline. That application was submitted on April 30 from Qwest Broadband Service doing business as CenturyLink. The City must now hold a public hearing to consider the application and solicit public feedback. Following the public hearing, the City will be required to assess the legal, technical and financial qualifications of the applicant. The actual consideration of a potential franchise agreement would take place at a future City Council meeting. Attachments 1. Procedural Timeline Regarding the Request for a Cable Communications Franchise 2. Notice of Intent to Franchise, required pursuant to Minn. Stat. Section 238.081, subd. 2 3. Application from Qwest Broadband Service d/b/a as CenturyLink for a Cable Communications Services Franchise in Eden Prairie. PROCEDURAL TIMELINE REGARDING THE REQUEST FOR A CABLE COMMUNICATIONS FRANCHISE City of Eden Prairie, Minnesota DATE TASK February 2015 Meeting of Commission staff and any other interested parties to review process, law, concerns. March 2015 City considers publication of Notice of Intent to Franchise. March - May 2015 Commission begins negotiations regarding franchise terms with prospective Applicant. April 9 & 16, 2015 City publishes Notice of Intent to Franchise once each week for two (2) successive weeks in local newspaper. Notice also mailed directly to existing operator (Comcast) and other prospective Applicants (CenturyLink). April 30, 2015 Closing date for submission of Application [must be at least 20 days from date of first publication]. April/May 2015 Consideration of Application received. April 21, 2015 City meets to call Public Hearing. April 23, 2015 City publishes Notice of Public Hearing [10 to 14 days before conduct of hearing]. May 5, 2015 City conducts Public Hearing regarding Franchise Applications — considers resolution regarding qualifications. April 2015 Preparation of report by Moss & Barnett regarding qualifications of Applicant's. April 22, 2015 Commission meets to consider Applicant's qualifications and Moss & Barnett's report— issue recommendation to Member Cities. NOTE—April 22, 2015 is the Commission's next regularly scheduled meeting date. May , 2015 Commission considers Applicant's Franchise and issues its recommendation to the Member Cities regarding adoption of the Franchise. May/June, 2015 City Council considers award of Franchise to successful Applicant(s) [must be at least 7 days after Public Hearing—no time limit on when action must be taken]. June 2015 Successful Applicant accept franchise document and submits required closing documentation [typically within 30 days of the grant of a franchise]. 2812233v1 NOTICE BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS INTENT TO CONSIDER AN APPLICATION FOR A FRANCHISE Notice is hereby given that it is the intent of the City Council of the City of Eden Prairie, Minnesota, to consider an application for a franchise for the purpose of operating a cable communications system to serve the City of Eden Prairie, Minnesota. This notice is given in accordance with the requirements of Minn. Stat. § 238.081. Applications shall be submitted in response to this Notice and Request for Proposals available on request in the Office of the City Manager at 8080 Mitchell Road, Eden Prairie, Minnesota, 55417. A. The deadline for submitting applications is April 30, 2015. B. Applications shall be in writing, notarized, in a format consistent with the Request for Proposals. Applications shall be delivered to the attention of the Office of the City Manager at 8080 Mitchell Road, Eden Prairie, Minnesota, 55417. Two (2) additional copies shall be simultaneously submitted to the City's outside legal counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402. C. Pursuant to Minn. Stat. § 238.081 subd. 8, Applicants will be required to reimburse the City for all necessary costs of processing a cable communications franchise. Each application shall include an application fee of Ten Thousand and No/100 Dollars ($10,000) in the form of a certified check made payable to the City of Eden Prairie, Minnesota. Any unused portion of the application fee shall be returned to the Applicant and any additional fees required to process the application and franchise beyond the Application fee shall be assessed to the Applicant. D. Applicants are requested to be present at a public hearing before the City Council that is presently scheduled to be held at City Hall, beginning at 7 p.m. on Tuesday, May 5, 2015. Each applicant will be given time to summarize its application. E. The Request for Proposals sets forth in detail the expectations of the City of Eden Prairie, Minnesota and the requirements of the content of the franchise proposal and are made in conformance to the requirements of Minn. Stat. § 238.081, subd. 4. F. The services to be offered are identified in the Request for Proposals and include a system providing public, educational and governmental access channels consistent with state law; a mix, level and quality of programs and services comparable to other systems in the region serving similar sized communities and customer services and maintenance plans to ensure quality service to the subscriber. The Request for Proposals provides further details of the services to be offered. 2780933v1 G. The criteria for evaluating the applications and priorities for selection are as follows: 1. The completeness of applications and conformance to Request for Proposals; 2. Customer service policies and system testing; 3. The legal, technical, and financial qualifications of the applicant; and 4. The proposal for community services, including public, educational, and governmental access in accordance with state law. H. Applications which meet the above criteria in the opinion of the City Council shall be considered for a franchise. I. The applicant(s) selected by the City Council will be required to accept the franchise documents granted within thirty (30) days after adoption. J. All questions concerning this request should be directed to the City's outside legal counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402; phone (612)877-5340. Date: March 31, 2015 CITY OF , MINNESOTA By: Its: 2780933v1 CenturyLink® 14 VP Patrick Haggerty Director of State Regulatory and Legislative Affairs Phone 651-312-5630 DELIVERED VIA COURIER AND E-MAIL April 30,2015 Office of City Manager Rick Getschow 8080 Mitchell Road Eden Prairie, MN 55344 Re: Application of Qwest Broadband Services, Inc. d/b/a CenturyLink for Cable Communications Services Franchise in Eden Prairie, Minnesota Dear Mr.Getschow: In response to the City of Eden Prairie's published notice of Intent to Franchise and Request for Proposal,enclosed please Qwest Broadband Services, Inc., d/b/a CenturyLink's notarized application for a cable communications franchise in the City of Eden Prairie, Minnesota.Trade Secret information has been redacted from the enclosed copy.Your counsel, Brian Grogan, has been served with one copy that contains Trade Secret information as well as a public version.Also enclosed is a check in the amount of $10,000 payable to the City of Eden Prairie in full payment of its application fee. Please do not hesitate to contact me or any other designated representative of the Company if you have any questions. CenturyLink looks forward to working with and bringing facilities based video competition to the City of Eden Prairie. V ruly yours, Patrick Haggerty Cc: Brian Grogan PUBLIC DOCUMENT TRADE SECRET DATA 200 South 5th Street,Boom 2200 Minneapolis, MN 55402 HAS BEEN EXCISED www.centurylink.com CITY OF EDEN PRAIRIE APPLICATION OF QWEST BROADBAND SERVICES,INC. D/B/A CENTURYLINK FOR A COMPETITIVE CABLE FRANCHISE Qwest Broadband Services, Inc.,d/b/a CenturyLink("CenturyLink") respectfully files this application for a competitive cable communications franchise with the City of Eden Prairie pursuant to the City of Eden Prairie Notice and Request for Proposals dated April 9, 2015. Background: Overview of CenturyLink CenturyLink Improves Lives At CenturyLink,our vision is to improve the lives of our customers. Through our products and services,we help strengthen businesses and connect communities to each other and the world. CenturyLink's Unifying Principles We have established certain fundamental values that are the foundation for how we interact with our partners,our customers and with one another. We call these values our Unifying Principles,and they bring together our beliefs into a cohesive philosophy that guides our actions in all matters,including our greater social responsibility in the communities where we live and work. The Unifying Principles are Fairness, Honesty and Integrity,Commitment to Excellence,Positive Attitude, Respect,Faith and Perseverance. CenturyLink in Minnesota E- I , CenturyLink in Minnesota employs approximately 3,000 people with the w cn majority of those jobs located in the Twin Cities metropolitan area. More than half of CenturyLink employees in the Twin Cities are represented by rua the Communications Workers of America Union. This includes pw w approximately 500 network technicians,200 of whom are being cross- [ w trained to support Prism. Success in the market will trigger hiring more r skilled technicians in the future to support Prism CenturyLink also employs approximately 100 network engineers in the Twin Cities who work in partnership with the network operations team to plan,build and deploy service. CenturyLink's network operations team supports the new headend facility,located in Golden Valley. QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 1 Employees in the Twin Cities also include business sales,marketing, regulatory affairs,public policy,customer service and administrative support. Employees are located across the Twin Cities in central office neighborhood locations and at three main corporate campus locations: • CenturyLink, 200 S.5th Street,downtown Minneapolis • CenturyLink, 2800 Wayzata Blvd,Bryn Mawr,Minneapolis • CenturyLink, 70 W.4th Street,downtown St. Paul Many CenturyLink employees have worked with the company for decades experiencing early innovations as a telephone company and the current day transformation into a technologically-sophisticated service provider to local communities and Minnesota's largest companies. With a statewide payroll that exceeds$195 million each year,CenturyLink is a proud contributor to jobs and the economy in the state. CenturyLink in the Community,Sustainability and Commitment to Diversity CenturyLink is committed to strengthening and improving the communities it serves,not only through jobs,products and services,but also through philanthropic support of local community agencies,events and initiatives. We focus our philanthropic and volunteer efforts on K-12 education and programs that support youth;technology-focused initiatives; and locally- driven efforts that strengthen communities and make them better places to live. Through our involvement in efforts ranging from environmental stewardship to community investment,we further our commitment to improve lives by being a good citizen and neighbor in the communities where we work and live. • Since 2007,the CenturyLink Clark M.Williams Foundation (previously Qwest Foundation) has awarded$800,000 to innovative Minnesota teachers working to improve STEM learning and access to technology in schools statewide. The Minnesota Business Partnership assists CenturyLink by administering the program. Together,we are helping to build awareness around STEM education and preparing Minnesota's future workforce for STEM careers. • CenturyLink awards scholarships in partnership with local organizations to advance the opportunities of their stakeholders. Scholarships recipient organizations include: ■ CenturyLink STEM scholarship via Minnesota High Tech association. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 2 • Pacer Center Excite Technology Camp for Girls scholarship. • Minneapolis Urban League general education scholarships. • University of St.Thomas,ThreeSixty program scholarship. • CenturyLink helps provide a state-of-the-art fan experience at Target Field as the Official Communications Provider for the Minnesota Twins and Target Field. CenturyLink's sponsorship also includes working with the Twins and the Metro Area Library Association to support the summer reading program. • Through our Matching Time Grant program, Minnesota employees volunteering time to a non-profit agency can earn a CenturyLink Foundation grant for that organization. • Our employees can further their community support through our annual CenturyLink All Employee Volunteer Day,Employee Giving Campaign supporting the Greater Twin Cities United Way and our Annual Food Drive supporting Second Harvest Heartland. • We are committed to environmental sustainability through programs that include waste recycling,green information technology,and procurement policies and practices. • CenturyLink provides incentives for employees in certain communities to make use of public transit or green commuter programs. • Our Ethics and Compliance Program provides employees with guidance in making ethical business decisions and provides mechanisms for employees to report concerns. • We have a Supplier Code of Conduct that establishes expectations for our contractors and vendors regarding ethical business practices. • CenturyLink's Privacy Policy protects our customers'information and keeps our customers informed about the information we collect and the choices they have regarding that information. • Diversity is celebrated and promoted through our Employee Resource Groups,recruiting,global supply chain and community outreach. CenturyLink Lifeline&Internet Basics CenturyLink participates in Lifeline,which provides certain discounts to qualified subscribers on monthly service. The program is designed to help low income households with needed phone services. Lifeline is available to qualifying customers in every U.S.state. Qualifications vary by state. Residents of American Indian and Alaskan Native tribal lands may qualify for up to an additional$25 of enhanced Lifeline support monthly. They may also qualify for the Link-Up program,which helps consumers pay the initial installation costs of getting telephone service. Link-Up provides a credit of up to$100 of the initial installation charges for tribal customers. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 3 CenturyLink supports the Federal Communications Commission's goal of bringing high-speed Internet to economically-disadvantaged households. We work with nonprofit partners throughout our state to engage communities in the CenturyLink Internet Basics program which provides qualifying low-income Minnesotans service at a reduced rate. CenturyLink has conducted training programs and awareness building around Internet Basics through the Minneapolis Urban League. We have created partnerships with the Minneapolis Public Schools and PC's for People to distribute hundreds of computers to low-income families and provide information to families on the opportunities offered through CenturyLink Internet Basics. CenturyLink,the applicant,is a Delaware corporation,in good standing and authorized to do business in the State of Minnesota. The following responds directly to the requested information set forth in the Request for Proposals: A. Plans for channel capacity,including both the total number of channels capable of being energized in the system and the number of channels to be energized immediately. Applicant's underlying switched digital IP based technology allows for an almost unlimited channel capacity. While a final channel lineup has not been finalized at this time,please see"Exhibit A-channel lineup and programming packages"from another jurisdiction CenturyLink offers Prism'service. CenturyLink will provide the Commission with a copy of the actual channel lineup prior to launching service. It should be noted that currently CenturyLink offers more channels in HD than any other MVPD nationally. It also provides a robust library of Video on Demand content. B. A statement of the television and radio broadcast signals for which permission to carry will be requested from the Federal Communications Commission. Franchisee will make all appropriate filings and preparations prior to the turn up of its video service including(1)filing a community registration with the FCC via FCC Form 322; (2) providing notice to local broadcasters and requesting either must-carry or retransmission consent election. In the Twin Cities area,Applicant will negotiate retransmission agreements with the following stations: KARE,KMSP, KSTC,KSTP,WCCO,WFTC,and WUCW. The following stations will be carried via a must carry election by the station: KPXM and KTCA. And(3) registration of any antennas required to provide service. QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 4 In its existing markets, Franchisee complies with many additional federal requirements in providing its PrismTM service,including all of the FCC requirements applicable to multichannel video programming distributors (such as equal employment opportunity and set-top box requirements),the FCC requirements applicable to EAS participants that are wireline video service providers, other FCC requirements applicable to provision of Prism' (such as receive-only earth station license requirements and annual regulatory fees for IPTV providers),and the Copyright Office requirements for cable systems filing semi-annual copyright statements of accounts and paying statutory license fees. Franchisee does not file an FCC Form 327 relating to CARS microwave facilities because Franchisee does not use such facilities in connection with the provision of Prism". Similarly, Franchisee does not file FCC Form 320 and FCC Form 321 as they relate to the use of aeronautical frequencies that are not applicable to the IPTV technology. C. A description of the proposed system design and planned operation, including at least the following items: Description of the Technology and Infrastructure: CenturyLink will deploy its cable communications service,Prism'°°,over facilities owned by an affiliated company,Qwest Corporation,d/b/a CenturyLink(QC). Prism is a switched digital service and is Ethernet based (it is not a QAM based,broadcast service).The fact that the service is switched digital and Ethernet based enables CenturyLink to offer unique features and functions,e.g.,warp channel change,not generally available over more traditional cable systems,as more fully detailed below. Currently, two network architectural designs are used to deliver Prism'' to subscribers: fiber to the node (FTTN) and fiber to the premises (FTTP), but the quality of the cable communications service is of the same high, technical quality regardless of the underlying network architecture. For FTTN, CenturyLink deploys fiber from a serving central office to a remote terminal in a neighborhood. The remote terminal houses the electronics (currently VDSL2) and such electronics create a broadband stream to individual addresses of up to 40Mpbs (80Mpbs if using pair bonding) over a copper subloop. For FTTP, there is fiber connectivity from the serving central office to a distinct address/location via an optical loop terminal (OLT) and this fiber connection will support broadband speeds of up to One Gbps. A set-top box is required for each television in a home to receive Prism'. CenturyLink recently introduced a wireless set top box which enables the end user to move Prism' to any location such as the patio or garage. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 5 QC is the traditional telecommunications provider in the City of Eden Prairie.It has and will continue to pull all necessary permits and comply with all local rules,codes and ordinances associated with access to and presence in the public rights of way. Please see Exhibit B (TRADE SECRET). 1. The general area for location of antenna and headend,if known; CenturyLink has two "super head ends", one located in Columbia, Missouri and one in Littleton, Colorado and each super head end has a satellite "farm" used to download national content.These two super head ends provide redundancy, i.e., should an emergency interrupt service at one super head end, and then the other head end will be used to provide the national content. The national content is encoded and then deployed over diverse 10 Gig fiber circuits to the local head where the local content, including public, educational and government access channels, is inserted for ultimate delivery to end users. The City of Eden Prairie will be served out of the super head end is in Columbia, Missouri and the local head end will be located in Golden Valley, Minnesota. CenturyLink will pick up the local broadcast signals via fiber circuits and will also capture those signals by antennae located at the local head end as a back-up, precautionary measure. 2. The schedule for activating cable and two-way capacity; While an exact launch date has yet to be determined,we are working diligently to complete all necessary work and required testing and operational readiness reviews to offer service to customers upon successful execution of a Franchise Agreement. Applicant will meet with Commission and appropriate member jurisdictions to share the actual launch date when it becomes finalized. 3. The type of automated services to be provided; As noted above, we have attached a sample channel line up from another market. This illustrates the vast selection of content available to subscribers. Because our system is IP based, we offer unique applications available via the television set such as access to Picasa. In addition, search and streaming services are available which enable viewers to search for the cheapest gasoline within a specified area or to stream selected stock market quotes.We also have an ever increasing video on demand library. Prism' is a state of the art offering and its features and functions also include, but are QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 6 not limited to: (1) whole home DVR; (2) warp speed channel change; (3) find-it fast navigation, (4) multi-view (4 shows on one screen); (5) personal media sharing; (6) interactive news and information dashboard; (7) PrismTM on the Go (select content available over mobile devices such as smart phones and tablets); and (8) advanced parental controls. By going to the following URL,you can "experience" the features and functions of Prism'' through a short demonstration: http://www.centurylink.com/prismty/ffindex.html. 4. The number of channels and services to be made available for access cable broadcasting;and Applicant will carry the same number of PEG stations as the incumbent. Further,Applicant is willing to carry any of the PEG stations in High Definition ("HD") format if the entity originating the signal provides that signal to Applicant in HD. Applicant will down convert the HD signals to standard definition ("SD") for those customers who may not subscribe to an HD package. 5. A schedule of charges for facilities and staff assistance for access cable broadcasting; Franchisee will make all franchised cities'access channels available to its subscribers. For purposes of acquiring the signal,Franchisee will pick up the particular City's Access Channel signals at the point(s) of origination via a fiber facility and transport such content back to the local VSO for insertion in the channel lineup. At the point(s) of origination,Franchisee will need rack space and power for its equipment to receive the signal(s) handed off by the City to Franchisee. Franchisee will pay for all facilities and equipment located on its side of the demarcation point where the City will hand off its content to Franchisee and as is industry practice,the City will be responsible for all equipment on its side of the demarcation point. One of the features available on Prism''is"multi-view"--we create a single channel/landing page for a category of shows,e.g.,news,and make all the news channels available using picture in a picture technology. The end user can then click on the channel he or she wants to watch or watch four simultaneously. You can see a quick demonstration of this feature by clicking on the following URL: http://www.centurylink.com/prismty/#prism-tv-virtual-test-drive.html. We will use this same technology to create a"multi-view" (also referred to as"mosaic") for the member Cities'Access Channels. In other words,we will work with the member cities to assign a channel placement/number for the QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 7 Access Channel mosaic so that all of the franchised member cities'Access Channels will be available on the"landing page"and an end user merely needs to click on the specific channel/picture in a picture to be seamlessly taken to the selected Access Channel in full screen view. Because each of the Access Channels has its own dedicated channel assignment,the channels are offered in the same video and audio quality as all other channels and can be recorded if so desired by an end user. Further,access to the member cities' Access Channels will not be limited to residents of a particular City. Rather, Prism'subscribers throughout the area will have access to the various member cities'Access Channels and City residents will have access to other Cities'or Cable Commissions'Access Channels. This opens a vast array of viewing options for citizens. Franchisee is willing to make all the franchised member cities'access channels available in high definition if the City hands them to Franchisee in that format. If so, Franchisee will down convert all such HD Access Channels to SD so they can be viewed by any end user not capable of receiving HD signals. As this relates to the multi-view screen for the Access Channels, Applicant's middleware will automatically know if a subscriber needs to see the channel in SD or HD and will automatically route the end user to the channel with the proper format. With respect to video on demand, Franchisee will offer the cities a specified amount of space on its VOD servers,as will be specified in the franchise. This will enable viewers to go into the VOD library and to view,on an on- demand basis,any Access Channel content that the City has handed to Franchisee for storage on its VOD servers. Such VOD content hand off has a common industry standard which will be shared with the City when the terms of the franchise are negotiated and finalized. D. Terms and conditions under which particular service is to be provided to governmental and educational entities. Applicant will provide at no charge expanded basic service to all government buildings,schools,and public libraries located within its service footprint so long as those locations are capable of receiving service from Applicant and no other cable provider is providing service at such locations. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 8 E. A schedule of proposed rates in relation to the services to be provided and a proposed policy regarding unusual or difficult connection of services. Final rates have yet to be determined,please see"Exhibit C-sample Prism's"rates"which are offered here for illustrative purposes. CenturyLink will provide Prism service to all qualified households within seven days. CenturyLink does not have "non-standard" installation, i.e., the provision of service at an additional construction cost to the subscriber. Qualification for Prism" service is purely a technical issue — it is not possible to pay an additional amount to qualify for the service. F. A time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served. Applicant is still finalizing its initial footprint for the deployment of cable services within the City of Eden Prairie service area. Applicant's planned deployment is highly confidential. Pursuant to an executed franchise agreement(s),Applicant will meet regularly with the City and the Commission to discuss where service is available and any plans for additional deployment. Applicant is the second entrant into the wireline video market in the City of Eden Prairie. As a second entrant,investment in and expansion of Applicant's Cable System should be driven by market success,and not a contractual requirement for ubiquitous coverage. The following sets forth some critical background with respect to deployment of both telecommunications and cable infrastructure. Initially, local telephone companies were granted monopolies over local exchange service in exchange for taking on a provider of last resort obligation-a duty to provide service-to customers in its service territory. Similarly,with respect to video services,the City of Eden Prairie has given the incumbent video provider(and its predecessors) a monopoly over facilities based video. In exchange for making the capital investment to deploy facilities,the incumbent cable company got 100 percent of the customers who wanted cable television. Subsequently,with respect to telephone services,the federal and local governments effectively eliminated the local telephone monopolies and fostered robust competition. It should be noted that in doing so,the telecom second entrant had absolutely no obligation to build any facilities or to serve any particular location(s)at all. As the FCC noted,imposing build-out requirements on new entrants in the telecommunications industry would constitute a barrier to entry(13 FCC Rcd 3460, 1997). Cable companies were free to enter the telecom market on terms that made business and economic sense to them. This very environment was the catalyst for robust QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 9 wireless and wireline competition and the proliferation of higher broadband speeds. Congress became concerned about the lack of competition in the video world and in 1992 amended federal law to prohibit a local franchising authority from"unreasonably[y] refus[ing] to award an additional competitive franchise." 47 U.S.C.§541(a)(1) provides a direct avenue for federal court relief in the event of such an unreasonable refusal. 47 U.S.C.§ 555(a)and (b). Until the advent,however,of state statutes granting statewide cable franchises without a mandatory build requirement(e.g., Florida) or progressive cities willing to grant competitive franchises,cable monopolies continued to the detriment of consumers and competition. Level playing field requirements are just one example of barriers to competitive entry erected by cities at the behest of the cable monopolies. Courts have ruled,however,that"level playing field"provisions do not require identical terms for new entrants. See,for example,Insight Communications v. City of Louisville, 2003 WL 21473455 (Ky.Ct.App.2003), where the court found: There will never be an apple-to-apple comparison for Insight and other franchisee simply because Insight is the incumbent which in its own right and through its predecessors has been the exclusive provider of cable services in the City of Louisville for almost thirty years. No new cable franchisee can ever be in the same position as a thirty-year veteran. See also,In Cable TV Fund 14-A,Ltd. v. City of Naperville(1997 WL 209692 (N.D.III); and New England Cable Television Ass'n,Inc. v. Connecticut DPUC 717 A.2d 1276 (1998). In sharp contrast to the monopoly provider,a second entrant faces a significant capital outlay with absolutely no assurance of acquiring customers; rather,it must compete with the monopoly incumbent and win each and every customer over. As Professor Thomas Hazlett of George Mason University has explained,"[i]ncumbents advocate build-out requirements precisely because such rules tend to limit,rather than expand, competition." The federal Department of Justice has also noted that "...consumers generally are best served if market forces determine when and where competitors enter. Regulatory restrictions and conditions on entry tend to shield incumbents from competition and are associated with a range of economic inefficiencies including higher production costs,reduced innovation,and distorted service choices." (Department of Justice Ex Parte, May 10, 2006,FCC MB Dkt.05-311). QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 10 The fact is that the incumbent cable provider has(1) an established market position; (2)all of the cable customers;and(3) an existing,in-place infrastructure. These disparate market positions make imposing a build-out requirement on a competitive entrant bad public policy. Under the guise of "level playing field" claims,incumbent cable operators seek to require new entrants to duplicate the networks the incumbents built as monopolies, knowing that such a requirement will greatly reduce,if not eliminate,the risk of competitive entry. In 2007,the FCC issued its findings with respect to facilities based video competition and held as follows: (1)with respect to level playing field requirements,the FCC stated that such mandates"unreasonably impede competitive entry into the multichannel video marketplace by requiring local franchising authorities to grant franchises to competitors on substantially the same terms imposed on the incumbent cable operators (Para. 138);and(2)with respect to mandatory build out,the FCC held that "an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1) [47 U.S.C.§541(a)(1)]." Those two FCC holdings alone should put this entire matter to rest-level playing field requirements and unreasonable mandatory build requirements are barriers to competitive entry in the cable market and violate the federal Cable Act and the FCC's order. Minnesota,however,codified its requirements in a state law and the FCC expressly declined to"preempt" state laws addressing the cable franchising process. It is clear,however,that the FCC did not intend to protect the Minnesota statute which mandates the imposition of barriers to entry on each and every local franchising authority. As various providers were trying to enter the competitive cable market and encountering barriers such as level playing field requirements and mandatory build out provisions,many states passed statutes to facilitate competitive entry and to prevent local franchising authorities from erecting barriers to entry. Such laws were passed in 26 states including Florida, Missouri and North Carolina,where CenturyLink has taken advantage of the streamlined process to enter a market without a mandatory build obligation. These laws have facilitated competitive entry as evidenced,for example,by the presence of four facilities based competitors in the Orlando, Florida market,including CenturyLink and Comcast. As such,these state laws are aligned and not in conflict with the FCC's and Congress'policies for promoting competition in the video distribution market. QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 11 Minnesota's cable law,however,is quite the opposite. Minnesota's cable act dates back to the 1970s and directs each local franchising authority to impose not only a level playing field across a broad range of issues(many of which Franchisee does not oppose),but also a five year mandatory build out requirement. Both of these provisions have been deemed to be barriers to entry by the FCC. The incontrovertible fact is that the law has been extremely successful in barring cable communications competition in the City of Eden Prairie: The City of Eden Prairie has not experienced any facilities based competition because of the barriers to entry Minnesota codified in Chapter 238. In support of this position,that the FCC's 2007 Order preempts Minn.Stat. Chapter 238, Franchisee notes the following: • Conflict preemption: State law may be preempted without express Congressional authorization to the extent it actually conflicts with federal law where state law"stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress" English v. General Elec. Co.,496 U.S. 72,79 (1990). • Whether state law constitutes a sufficient obstacle is a matter of judgment to be informed by examining the federal statute as a whole and identifying its purpose and intended effects. Crosby v.Nat'l Foreign Trade Council, 530 U.S.363,372 (2000). • Minn.Stat.§238.08 mandates terms that each municipality must implement in granting a new or renewed cable franchise. • Minn.Stat.§238.084 sets forth the required contents of a franchise ordinance and sets forth very precise requirements in an initial franchise about the build: commence build within 240 days; must construct at least 50 plant miles per year; construction throughout the franchise area must be substantially completed within 5 years of granting the franchise; and these requirements can be waived by the franchising authority only upon occurrence of unforeseen events or acts of God. • Section 621(a)(1) initially gave local authorities the authority to grant franchises,but this broad grant resulted in exclusive franchises/monopolies. Congress"believe[d] that exclusive franchises are contrary to federal policy...which is intended to promote the development of competition. H.R.Conf.Rep. No. 102- 862,at 77 (1992) • Legislative history clearly supports that Congress was focused on fostering competition when it passed the 1992 Act. Qwest Broadband Servs. Inc. v. City of Boulder, 151 F.Supp. 1236, 1244 (D. Colo. 2001). QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 12 • In its 2007 order,the FCC found that"an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1)." The FCC order,however,targeted local and not state laws. • Arguably,the Minnesota build requirements set forth in Section 238.084(m) are in conflict with Section 621(a)(1) and are,therefore, preempted. In the Boulder case,the court applied Section 621's prohibition on unreasonable refusals to grant franchises to find conflict preemption where local rules required voter approval for any new franchises. • The mandatory build out in the Minnesota statute could be considered a de facto"unreasonable refusal"to grant a franchise and thus conflict with the pro-competition purpose set forth in 621(a)(1). • In upholding the FCC's ruling,the Sixth Circuit stated that"while the [FCC] characterized build out requirements as'eminently sensible' under the prior regime in which cable providers were granted community-wide monopolies,under the current,competitive regime, these requirements'make entry so expensive that the prospective. .. provider withdraws its application and simply declines to serve any portion of the community." Alliance for Cmty Media v.FCC,529 F.3d 763, 771 (6th Cir. 2008). • The FCC ruling targeted local rules and actions and the FCC refrained from preempting state regulation because it lacked"a sufficient record to evaluate whether and how such state laws may lead to unreasonable refusals to award additional competitive franchises." FCC Cable Franchising Order(FCC 06-180,at n.2&¶ 126). That is not to say,however,that upon full consideration,the FCC would not find the Minnesota mandatory build requirements to constitute an unreasonable refusal under Section 621. o The franchising laws which were being enacted about the time of the FCC order facilitated competitive entrants into the facilities based video market. o In sharp contrast,the Minnesota statutes mandates individual cities and commissions to include onerous build out schedules which,standing alone,would run afoul of the FCC's order. It should also be noted that at least two cities in Minnesota have chosen to award competitive franchises to second entrants without satisfying all the mandates of Chapter 238. See Mediacom Minnesota,LLC v. City of Prior Lake, QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 13 Minn.Ct.of Appeals,A09-1379 (Unpublished decision, Filed June 22, 2010). In October 2014,the City of Owatonna awarded a competitive franchise to a second provider,and the franchise did not contain the five year build requirement set forth in Chapter 238. Rather,it contained a market success model expressly endorsed by the FCC. The competitor will provide service to 25 percent of the City of Owatonna and will have no further obligation to enable the provision of cable communications services until 48 percent of households in the footprint subscribe to its service. Finally,nothing in the FCC's Order on Reconsideration released in January of this year alters the above analysis. G. A statement indicating the applicant's qualifications and experience in the cable communications field,if any. CenturyLink has been offering Prism'since 2008,when it initially launched its service in Lacrosse,Wisconsin,and has continued to expand its Prism'footprint since that time. Prism' is currently available in 14 markets.The attached Exhibit D is a list of the jurisdictions in which CenturyLink offers Prism'pursuant to either statewide franchise statutes or locally negotiated,competitive franchises. In addition,the Company offers an analog product in smaller markets in Wisconsin and Iowa. CenturyLink has upgraded and/or deployed new facilities,including fiber to the premises,so that it is capable of offering service to over 2.4 million homes.CenturyLink has approximately 240,000 Prism'customers and continues to bring on new subscribers daily. Tyler Middleton is the Vice President of Operations for Minnesota. His team includes more than 500 technicians, 200 of whom are being cross-trained to install and support Prism. There is a wide array of employees performing various functions in support of Prism'in the Twin Cities,including approximately 100 engineers who will be working under Mr. Middleton's leadership to design and support the infrastructure that enables Prism'"^ Trent Clausen is the Vice President of Construction for the Midwest Region. He has held a variety of leadership positions in the network organization over the past 16 years,including positions managing and leading capital planning,field construction,local engineering,dispatch operations,and installation and maintenance operations. His team successfully upgraded the network in Omaha to support the launch of Prism'°°there in 2013 and will be responsible,working closely with Mr. Middleton's team,to construct the network to support Prism''in Minneapolis and the Twin Cities metropolitan area. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 14 There are three essential corporate divisions which support the provision of Prism"to end users: Global Operations and Shared Services,Global Markets and Product Development and Technology. The Global Operations and Shared Services organization is led by Executive Vice President Maxine Moreau. A 30-year veteran of telecommunications, Maxine Moreau brings a depth of knowledge and experience in network services,operations, IT and process improvement to her role as Executive Vice President of Global Operations and Shared Services. She is responsible for operational excellence through the end-to-end planning,engineering, construction,operation and maintenance of CenturyLink's global network, as well as regional operations and hosting data centers. Moreau oversees network enablement that currently provides commercial 100Gbps services to businesses for high-bandwidth needs as well as the deployment of 1Gbps fiber networks in certain markets,including Minneapolis for both consumer and business customers. Members of her team will staff the VSO in Golden Valley. Maxine Moreau's team is responsible for the engineering,planning and deployment of all network infrastructure,including the infrastructure on a national and local basis for the delivery of PrismTM. In addition, organizations responsible for data and video operations report up to Maxine. These centers,from an operational perspective,constantly monitor and repair,if necessary,the entire network including the facilities used in the provision of Prism' The Global Markets organization is led by President Karen Puckett. With 30 years of telecommunications experience, Karen Puckett is an industry veteran with proven success in the integration of complex operations,the achievement of industry-leading financial and operational performance,and the creation of a company culture that is focused on accountability, innovation and growth. As CenturyLink's Chief Operating Officer,Puckett is responsible for the company's financial and operational performance in the business and consumer segments. She leads marketing,sales,service delivery,care and customer experience initiatives for all business and consumer customers and the implementation of the local operating model in the company's local service areas in 37 states. Puckett has been at the forefront of CenturyLink's transformation from a local telephone exchange company serving rural and mid-sized markets to an industry leader in advanced communications services with customers throughout the United States and overseas. Her visionary leadership has been instrumental in the company's ability to thrive in the new arenas of cloud,data hosting and managed services,as well as facilities based switched digital video service while maintaining its focus on operational excellence and financial strength. QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 15 Puckett led the 2001 companywide realignment to the local operating model,placing decision making closer to the customer and making the company more responsive to the marketplace.The model has consistently resulted in financial and operational improvements as CenturyLink has acquired new markets. As it relates to Prism, Karen Puckett's organization owns the customer experience in terms of sales and repairs. There are five call centers which provide support for consumer sales,including Prism'. These centers are located in Sioux City, Iowa; Idaho Falls, Idaho; Boise, Idaho; Midvale,Utah; and Phoenix,Arizona. The Product Development and Technology organization is led by Executive Vice President and Chief Technology Officer,Aamir Hussain. Hussain is an experienced senior technology executive with more than 23 years of proven success in the implementation of global technology operations, operationalization of complex technology,infrastructures,and business solutions while driving capital cost efficiencies in the business. Hussain and his team are responsible for the design and delivery of next generation products,services and technologies critical to achieving CenturyLink's strategic growth priorities,including Prism. Hussain has a diverse background in data,security,voice,video and wireless technologies. Prior to joining CenturyLink,he held senior leadership roles at Liberty Global, Covad,TELUS and Qwest. Hussain sits on several startup and non-profit boards,is technical advisor to technology companies and holds 11 patents in Telecommunications.In addition,he has completed leadership,innovation and strategy training from Harvard,the INSEAD institute in France and the International School of Business Management in Switzerland. Aamir's team is charged with constantly working to implement new technologies and innovations to enhance the customer experience across the entire suite of CenturyLink products,including Prism. Glenn Garbelman serves as the Vice President of the Video Operations at CenturyLink,and is based in Monroe, Louisiana. He currently has day-to- day operational responsibility for all video services,which is currently serving 240,000 Prism'customers with more than 150 employees on his team.Prior to joining CenturyLink,he was part of a large communications company that successfully launched and supported IPTV video in over 70 markets throughout the United States. He has more than 25 years of experience in the industry with the last 10 focused on video products and services over an IP network. Sandeep Bhalla is the Director of Video Technical Operations. Responsible for the daily operations of CenturyLink Video Services,Sandeep oversees the QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 16 Video Operations staff and ensures the integrity of operations and processes. With 19 years of technical experience and 10 years of video, Sandeep has served as a CenturyLink representative to national and international forums related to next generation video services. Prior to joining CenturyLink,Sandeep was a Manager of Head End Implementation for a large communications company. Sandeep holds a BA from the University of California Berkley. Charles Becker is the Manager Video Operations IPTV responsible for all headends based out of Denver,Colorado. The Video Headend Team is responsible for the operation and acquisition of all video content served by the Prism platform both local and national. The team maintains and operates 17 headends located in 13 states across the country. This team supports new market builds,preventative maintenance,outage resolution and proactively supports the video monitoring teams in outage resolution. Charles is a 35 year veteran of the video industry and 9 year employee of CenturyLink. Steve Epstein is a Senior Lead Engineer-Managing for CenturyLink. Steve was the initial member of the CenturyLink Video team and brings 35 years of broadcast experience to CenturyLink. In addition to being Chief Engineer at several television stations, Steve was the technical editor of Broadcast Engineering magazine. Steve is an SBE certified professional broadcast engineer and holds a BS in Broadcasting. H. An identification of the municipalities(including contact information for the municipal officials in each community)in which the applicant either owns or operates a cable communications system,directly or indirectly,or has outstanding franchises for which no system has been built. Please see Exhibit D for a list of jurisdictions Applicant or affiliate of Applicant holds a cable franchise agreement pursuant either to local agreement or statewide franchise authority. I. Plans for financing the proposed system,which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital. This information should include: 1. Current financial statement Applicant's ultimate parent company is CenturyLink, Inc. CenturyLink's most recent Form 10-K(along with all other SEC filings) may be found here: http://ir.centurylink.com/docs.aspx?iid=4057179 2. Proposed sources and uses of funds for the construction project QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 17 Applicant's ultimate parent company is CenturyLink, Inc.which is a Fortune 500 Company(currently around Fortune 150)with annual operating revenues exceeding 18 Billion Dollars in 2013. Applicant does not require any unique or additional funding sources (i.e.special notes or bonds) in order to deploy its PrismTM service in this,or any other market. 3. Financial budgets for the next three(3)years; See response to I (4) below 4. Documentation regarding the commitment of funds;and As a publicly traded Company,CenturyLink releases a very limited amount of forward-looking information for the company as a whole,but it does not provide forward-looking information at the individual market level because it could lead to incorrect or inappropriate assumptions or conclusions by its current and potential investors regarding the business as a whole.Given the extremely sensitive nature of the information contained in the requested proforma,applicant cannot file this information as part of its application. 5. Any other information that applicant determines would be useful in evaluating its financial qualifications. Please see response to I (1) above J. A statement of ownership detailing the corporate organization of the applicant,if any, including the names and addresses of officers and directors and the number of shares held by each officer or director,and intercompany relationship,including the parent, subsidiary or affiliated company. Applicant's ultimate parent company is CenturyLink,Inc.,a Louisiana corporation headquartered in Monroe, Louisiana,and,through its subsidiaries, owns 100%of Qwest Broadband Services,Inc.d/b/a CenturyLink. A more detailed corporate structure is depicted on the attached Exhibit E. On April 21, 2010,CenturyLink, Inc.reached an agreement to purchase Qwest Communications International, Inc. ("QCII")through a tax-free,stock-for-stock transaction. Under the terms of the parties'merger agreement,CenturyLink, Inc.is the ultimate parent of QCII and the subsidiaries that were under QCII. At the time of the merger between CenturyLink and Qwest Communications International,Inc.,Franchisee was a wholly-owned subsidiary of Qwest Services Corporation, Inc.as was Qwest Corporation,the entity which places facilities in the City's public rights of way pursuant to the City's ordinances and associated rules. Further,at merger, Franchisee was a member of the National Cable Television Cooperative ("NCTC") as was the CenturyLink entity which offers Prism in legacy CenturyLink markets,e.g., Florida. Because the NCTC expressly forbids more than one entity within a corporate family to belong to QBSI/EDEN PRAIRIE Application-April 30th,2015 Page 18 and directly obtain content from the NCTC and because any affiliated entity receiving content from the NCTC must be a wholly-owned subsidiary of the NCTC member, CenturyLink, Inc.moved Franchisee from being a subsidiary of Qwest Services Corporation to being a subsidiary of CenturyTel Broadband Services, LLC. As provided in the original application filed with the City,the following sets forth the officers and directors of Franchisee. This group of officers and directors do not own any shares of the franchisee. Qwest Broadband Services. Inc. (Delaware Domestic) Directors: R. Stewart Ewing,Jr. Stacey W. Goff Officers: Chief Executive Officer and President Glen F. Post, III President Global Markets Karen A. Puckett Executive Vice President and Chief Financial Officer R. Stewart Ewing,Jr. Executive Vice President, General Counsel Stacey W. Goff President IT Services and New Market Development Girish Varma Vice President- Public Policy and Government Relations James P. Campbell President-Wholesale Operations William E. Cheek Executive Vice President- Controller and Operations David D. Cole Support Executive Vice President- Network Services Maxine Moreau Vice President and Treasurer Glynn E.Williams,Jr. Vice President Jonathan J. Robinson Secretary Kay Buchart Assistant Secretary Joan E. Randazzo Assistant Secretary Meagan E. Messina K. A notation and explanation of omissions or other variations with respect to the requirements of the proposal. None at this time QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 19 Re ectfully Submitted, Qwest Broadband Services, Inc. d/b/a CenturyLink By: Patrick Haggerty Subscribed and sworn to before me This 30th day of April, 2015 IlL,A#AJt-k • /3akk-U Notary Public My Commission Expires: 3 Gt y f, -U DIANNE M.BARTHEL Notary Public-Minnesota ,emission Expires Jan 31,2020 QBSI/EDEN PRAIRIE Application-April 30th, 2015 Page 20 ►,.i►' CenturyLink prisr Contact CenturyLink Sales:877-299-0172 Phoenix Channel Lineup Support:866-314-4148 Prism-Essential 3 3TV(KTVK) 1129 FX HD 1045 My Network TV HD(KUTPDT) 1003 3TV HD(KTVKDT) 129 FX 1266 National Geographic Channel HD 1167 A&E HD 1131 FXX HD 266 National Geographic Channel 167 A&E 131 FXX 12 NBC(KPNX) 15 ABC(KNXV) 4004 Galavision HD 1012 NBC HD(KPNXDT) 1179 ABC Family HD 3004 Galavision 1640 NBC SN HD 179 ABC Family 36 GetTV(KFPHDT2) 640 NBC SN 1015 ABC HD(KNXVDT) 1641 Golf Channel HD 20 NBC Weather Plus(KPNXDT2) 1796 AMC HD 641 Golf Channel 1630 NFL Network HD 796 AMC 1176 Hallmark Channel HD 630 NFL Network 16 Antenna TV(KN)NDT2) 176 Hallmark Channel 629 NFL RedZone(Pay Per View) 1105 AXS TV 1106 HDNet Movies 1629 NFL RedZone HD(Pay Per View) 13 AZ-TV(KAZT) 1451 HGTV HD 1638 NHL Network HD 1013 AZ-TV HD(KAZTDT) 451 HGTV 638 NHL Network 41 Azteca America(KPDFCA) 271 History 1314 Nickelodeon HD 310 Baby First TV 1203 HLN HD 314 Nickelodeon 1156 BET HD 203 HLN 1368 Oxygen HD 156 BET 1422 Home Shopping Network HD 368 Oxygen 1222 Bloomberg HD 19 Home Shopping Network 1683 PAC 12 Arizona HD 222 Bloomberg 422 Home Shopping Network 683 PAC 12 Arizona 327 Boomerang 1261 ID HD 106 Pay Per View Events HD 1182 Bravo HD 261 ID 1101 Pay Per View Events HD 182 Bravo 51 ION(KPPX) 101 Pay Per View Events 1650 BTN HD 1051 ION HD(KPPXDT) 8 PBS Eight(KAET) 650 BTN 1428 Jewelry Television HD 1008 PBS Eight HD(KAETDT) 1651 BTN2 HD 17 Jewelry Television 8006 Phoenix Educational Access 651 BTN2 428 Jewelry Television 8005 Phoenix Government Access 1652 BTN3 HD 1168 Justice Central HD 8014 Pinal County Government Access 652 BTN3 168 Justice Central 9161 Premier League Extra Time 1 HD 1230 C-SPAN HD 4 KPHO Weather Now(KPHODT2) 9151 Premier League Extra Time 1 230 C-SPAN 1361 Lifetime HD 9162 Premier League Extra Time 2 HD 1231 C-SPAN2 HD 361 Lifetime 9152 Premier League Extra Time 2 231 C-SPAN2 364 Lifetime Real Women 9163 Premier League Extra Time 3 HD 1327 Cartoon Network HD 1362 LMN HD 9153 Premier League Extra Time 3 326 Cartoon Network 362 LMN 9164 Premier League Extra Time 4 HD 5 CBS(KPHO) 5129 MC?70s 9154 Premier League Extra Time 4 1005 CBS HD(KPHODT) 5128 MC?80s 9165 Premier League Extra Time 5 HD 411 CenturyLink Information 5127 MC?90s 9155 Premier League Extra Time 5 1411 CenturyLink Information 5116 MC Adult Alternative 90 Prism Applications 8015 City of Casa Grande 5115 MC Alternative 92 Prism Games 8003 City of Chandler Educational Access 5146 MC Blues 301 Prism Kids 8002 City of Chandler Government Access 5134 MC Classic Country 201 Prism News 8004 City of Gilbert Government Access 5118 MC Classic Rock 11 Prism PEG Channels 8007 City of Glendale Government Access 5149 MC Classical Masterpieces 601 Prism Sports 8008 City of Maricopa Government Access 5135 MC Contemporary Christian 1420 QVC HD 8010 City of Mesa Educational Access 5133 MC Country Hits 18 QVC 8011 City of Mesa Government Access 5103 MC Dance 420 QVC 8009 City of Peoria Government Access 5148 MC Easy Listening 1799 Reelz Channel HD 8001 City of Scottsdale Government Access 5111 MC Gospel 799 Reelz Channel 8013 City of Surprise Government Access 5105 MC Hip-Hop and R&B 1424 ShopHQ HD 8012 City of Tempe Government Access 5107 MC Hip-Hop Classics 424 ShopHQ 1526 CMT HD 5101 MC Hit List 1146 Spike TV HD 526 CMT 5104 MC Indie 146 Spike TV 1216 CNBC HD 5145 MC Jazz 1337 Sprout HD 216 CNBC 5124 MC Kidz Only! 337 Sprout 1202 CNN HD 5150 MC Light Classical 1152 Syfy HD 202 CNN 5120 MC Love Songs 152 Syfy 1141 Comedy Central HD 5114 MC Metal 21 TBN(KPAZ) 141 Comedy Central 5138 MC Mexicana 1560 TBN HD 48 Daystar(KDTP) 5137 MC Musica Urbana 560 TBN 1121 Discovery Channel HD 5122 MC Party Favorites 1113 TBS HD 121 Discovery Channel 5131 MC Pop Country 113 TBS 1303 Disney Channel HD 5121 MC Pop Hits 5123 Teen MC 303 Disney Channel 5136 MC Pop Latino 39 Telemundo(KTAZ) 9999 DVR 5102 MC Pop Rhythmic 3007 Telemundo(KTAZ) 8016 Dysart Schools Educational Access 5109 MC R&B Classics 1039 Telemundo HD(KTAZDT) 1134 E!HD 5110 MC R&B Soul 6 The CW(KASW) 135 E! 5106 MC Rap 1006 The CW HD(KASWDT) 9 Eight Life(KAETDT2) 5112 MC Reggae 1225 The Weather Channel HD 7 Eight World(KAETDT3) 5117 MC Rock Hits 225 The Weather Channel 603 ESPN Classic 5113 MC Rock 2 This TV(KTVKDT2) 1602 ESPN HD 5140 MC Romances 1251 TLC HD 27 ESPN 5147 MC Singers&Swing 251 TLC 602 ESPN 5144 MC Smooth Jazz 1109 TNT HD 1606 ESPN2 HD 5119 MC Soft Rock 109 TNT 28 ESPN2 5130 MC Solid Gold Oldies 1255 Travel Channel HD 606 ESPN2 5141 MC Sounds of the Seasons 255 Travel Channel 1562 EWTN HD 5143 MC Soundscapes 1164 truTV HD 562 EWTN 5142 MC Stage&Screen 165 truTV 40 Exitos(KTAZDT2) 5108 MC Throwback Jams 1139 TV Land HD 1453 Food Network HD 5132 MC Today?s Country 139 TV Land 453 Food Network 5125 MC Toddler Tunes 44 TV44(KPHELD) 10 FOX(KSAZ) 5139 MC Tropicales 35 UniMas(KFPH) 1010 FOX HD(KAAZDT) 5126 MC Y2K 4005 UniMas HD 1210 FOX News Channel HD 14 Me-TV(KAZTDT2) 33 Univision(KTVW) 210 FOX News Channel 1634 MLB Network HD 1033 Univision HD(KTVWDT) 1620 FOX Sports 1 HD 634 MLB Network 1125 USA Network HD 620 FOX Sports 1 46 Movies!(KUTPDT2) 125 USA Network 9002 FOX Sports Pay Per View HD 1215 MSNBC HD 1102 Velocity HD 9001 FOX Sports Pay Per View 215 MSNBC 1519 VH1 HD 1762 FS Arizona HD 1503 MTV HD 519 VH1 1763 FS Arizona Plus HD 503 MTV 1 Video On Demand 763 FS Arizona Plus 193 Mun2 1180 WGN HD 762 FS Arizona 45 My Network TV(KUTP) 180 WGN Prism-Complete Exhibit A Includes Prism-Essential Plan channels. 1259 American Heroes Channel HD 381 Esquire TV 505 MTV2 259 American Heroes Channel 1211 FOX Business Network HD 315 Nick 2 1253 Animal Planet HD 211 FOX Business Network 1320 Nick Jr HD 253 Animal Planet 647 FOX College Sports Atlantic 320 Nick Jr 1188 BBC America HD 648 FOX College Sports Central 1316 Nicktoons HD 188 BBC America 649 FOX College Sports Pacific 316 Nicktoons 567 BYU TV 1621 FOX Sports 2 HD 1185 NUVOtv HD 1643 CBS Sports HD 621 FOX Sports 2 185 NUVOtv 643 CBS Sports 1535 Fuse HD 1256 Oprah Winfrey Network HD 515 Centric 535 Fuse 257 Oprah Winfrey Network 153 Chiller 1792 FX Movie Channel HD 1680 Outdoor Channel HD 161 Cloo 792 FX Movie Channel 680 Outdoor Channel 527 CMT Pure Country 1272 FYI HD 1531 Ovation HD 1456 Cooking Channel HD 272 FYI 531 Ovation 456 Cooking Channel 1529 Great American Country HD 1258 SCIENCE HD 1465 Destination America HD 529 Great American Country 258 SCIENCE 465 Destination America 1174 GSN HD 1642 Sportsman Channel HD 1335 Discovery Family HD 174 GSN 642 Sportsman Channel 335 Discovery Family 1274 H2 HD 322 Teen Nick 1307 Disney Junior HD 274 H2 507 Tr3s 307 Disney Junior 1794 Hallmark Movies&Mysteries HD 1790 Tumer Classic Movies HD 1305 Disney XD HD 794 Hallmark Movies&Mysteries 790 Turner Classic Movies 305 Disney XD 1797 IFC HD 1157 TV One HD 1454 DIY Network HD 798 IFC 157 TV One 454 DIY Network 564 Inspiration Network 1104 Universal HD 1604 ESPN News HD 466 Life 521 VH1 Classic 604 ESPN News 184 Logo 522 VH1 Soul 1605 ESPNU HD 509 MTV Hits 1372 WE tv HD 605 ESPNU 510 MTV U 373 WE tv 1380 Esquire TV HD 1505 MTV2 HD 132 Youtoo America Prism- Preferred Includes Prism-Complete Plan channels. 220 Al Jazeera America 1172 MyDestination.TV HD 1852 Showtime HD(E) 159 ASPiRE 172 MyDestination.TV 1853 Showtime HD(W) 1470 AWE HD 1264 NASA TV HD 864 Showtime Next(E) 470 AWE 264 NASA TV 865 Showtime Next(W) 1219 BBC World News HD 1267 Nat Geo Wild HD 1864 Showtime Next HD(E) 219 BBC World News 267 Nat Geo Wild 1865 Showtime Next HD(W) 1540 Blue Highways TV HD 1209 One America News Network HD 880 Showtime On Demand 540 Blue Highways TV 209 One America News Network 1880 Showtime On Demand 1232 C-SPAN3 HD 1678 Outside TV HD 856 Showtime Showcase(E) 232 C-SPAN3 678 Outside TV 857 Showtime Showcase(W) 1169 Cars.TV HD 1684 PAC 12 Bay Area HD 1856 Showtime Showcase HD(E) 169 Cars.TV 684 PAC 12 Bay Area 1857 Showtime Showcase HD(W) 217 CNBC World 1685 PAC 12 Los Angeles HD 866 Showtime Women(E) 205 CNNI 685 PAC 12 Los Angeles 867 Showtime Women(W) 1142 Comedy.TV HD 1686 PAC 12 Mountain HD 1866 Showtime Women HD(E) 142 Comedy.TV 686 PAC 12 Mountain 1867 Showtime Women HD(W) 1163 Crime&Investigation HD 1687 PAC 12 Oregon HD 118 Smithsonian Channel(E) 163 Crime&Investigation 687 PAC 12 Oregon 119 Smithsonian Channel(W) 263 DOD News 1688 PAC 12 Washington HD 1118 Smithsonian Channel HD(E) 932 ENCORE(E) 688 PAC 12 Washington 1119 Smithsonian Channel HD(W) 933 ENCORE(W) 1682 PAC12 Network HD 1791 Sony Movie Channel HD 938 ENCORE Action(E) 682 PAC12 Network 791 Sony Movie Channel 939 ENCORE Action(W) 1170 Pets.TV HD 902 Starz!(E) 1938 Encore Action HD(E) 170 Pets.TV 903 Starzl(W) 942 ENCORE Black(E) 1492 Pivot HD 908 Starz!Cinema(E) 943 ENCORE Black(W) 492 Pivot 909 Starz!Cinema(W) 1942 Encore Black HD(E) 1787 PixL HD 1908 Starz!Cinema HD(E) 934 ENCORE Classic(E) 787 PixL 910 Starz!Comedy(E) 935 ENCORE Classic(W) 1458 Recipe.TV HD 911 Starz!Comedy(W) 1934 ENCORE Classic HD(E) 458 Recipe.TV 1910 Starz!Comedy HD(E) 946 ENCORE Espanol 1916 Retroplex HD 904 Starzl Edge(E) 944 ENCORE Family(E) 916 Retroplex 905 Starz!Edge(W) 945 ENCORE Family(W) 1538 Revolt HD 1904 Starz!Edge HD 1932 Encore HD(E) 538 Revolt 1902 Starz!HD(E) 1933 Encore HD(W) 1476 RFD TV HD 1903 Starz!HD(W) 951 ENCORE On Demand 476 RFD TV 906 Stem!In Black(E) 1951 Encore On Demand 474 RLTV 907 Start!In Black(W) 936 ENCORE Suspense(E) 1607 SEC Network HD 1906 Starz!In Black HD 937 ENCORE Suspense(W) 1608 SEC Network Overflow 1 HD 912 Starz!Kids and Family(E) 1936 ENCORE Suspense HD(E) 608 SEC Network Overflow 1 913 Starz!Kids and Family(W) 940 ENCORE Westems(E) 1609 SEC Network Overflow 2 HD 1912 Starz!Kids and Family HD 941 ENCORE Westerns(W) 609 SEC Network Overflow 2 931 Starz!On Demand 1133 ES.TV HD 607 SEC Network 1931 Starz!On Demand 133 ES.TV 1789 Shorts HD 575 The Word Network 890 Flix(E) 789 Shorts 882 TMC(E) 892 Flix On Demand 852 Showtime(E) 883 TMC(W) 1892 Flix On Demand 853 Showtime(W) 1882 TMC HD(E) 1656 Gol TV HD 854 Showtime 2(E) 1883 TMC HD(W) 656 GoITV(English) 855 Showtime 2(W) 888 TMC On Demand 672 HRTV 1854 Showtime 2 HD(E) 1888 TMC On Demand 1914 Indieplex HD 1855 Showtime 2 HD(W) 884 TMC Xtra(E) 914 Indieplex 860 Showtime Beyond(E) 885 TMC Xtra(W) 1590 Jewish Broadcasting Service HD 861 Showtime Beyond(W) 1884 TMC Xtra HD(E) 590 Jewish Broadcasting Service 1860 Showtime Beyond HD(E) 1885 TMC Xtra HD(W) 1147 MAVTV HD 1861 Showtime Beyond HD(W) 670 TVG 147 MAVTV 858 Showtime Extreme(E) 644 Universal Sports 1116 MGM HD 859 Showtime Extreme(W) 1644 Universal Sports HD 116 MGM 1858 Showtime Extreme HD(E) 1559 UP HD 276 Military History 1859 Showtime Extreme HD(W) 559 UP 1788 MOVIEPLEX HD 862 Showtime Family(E) 1679 World Fishing Network HD 788 MOVIEPLEX 863 Showtime Family(W) 679 World Fishing Network Prism-Premium Includes Prism-Preferred Plan channels. 1840 5 Star Max HD 811 HBO Comedy(W) 812 HBO Zone(E) 840 5 Star Max 1810 HBO Comedy HD(E) 813 HBO Zone(W) 836 ActionMAX(E) 1811 HBO Comedy HD(W) 1812 HBO Zone HD(E) 837 ActionMAX(W) 806 HBO Family(E) 1813 HBO Zone HD(W) 1836 ActionMAX HD(E) 807 HBO Family(W) 1804 HBO2 HD(E) 1837 ActionMAX HD(W) 1806 HBO Family HD(E) 1805 HBO2 HD(W) 1846 Cinem?x HD 1807 HBO Family HD(W) 834 MoreMAX(E) 846 Cinem?x 1802 HBO HD(E) 835 MoreMAX(W) 832 Cinemax(E) 1803 HBO HD(W) 1834 MoreMax HD(E) 833 Cinemax(W) 814 HBO Latino(E) 1835 MoreMax HD(W) 1832 Cinemax HD(E) 815 HBO Latino(W) 1842 Movie MAX HD 1833 Cinemax HD(W) 1814 HBO Latino HD(E) 842 MovieMAX 850 Cinemax On Demand 1815 HBO Latino HD(W) 1844 Outer Max HD 1850 Cinemax On Demand 830 HBO On Demand 844 OuterMAX 802 HBO(E) 1830 HBO On Demand 838 ThrillerMAX(E) 803 HBO(W) 808 HBO Signature(E) 839 ThrillerMAX(W) 804 HBO 2(E) 809 HBO Signature(W) 1838 ThrillerMax HD(E) 805 HBO 2(W) 1808 HBO Signature HD(E) 1839 ThrillerMax HD(W) 810 HBO Comedy(E) 1809 HBO Signature HD(W) Premium Packages Available as Add-ons: Preferred and Premium plans include select Add-on Channels. Cinemax Add-on Package 1840 5 Star Max HD 833 Cinemax(W) 1842 Movie MAX HD 840 5 Star Max 1832 Cinemax HD(E) 842 MovieMAX 836 ActionMAX(E) 1833 Cinemax HD(W) 1844 Outer Max HD 837 ActionMAX(W) 850 Cinemax On Demand 844 OuterMAX 1836 ActionMAX HD(E) 1850 Cinemax On Demand 838 ThrillerMAX(E) 1837 ActionMAX HD(W) 834 MoreMAX(E) 839 ThrillerMAX(W) 1846 Cinem?x HD 835 MoreMAX(W) 1838 ThrillerMax HD(E) 846 Cinem?x 1834 MoreMax HD(E) 1839 ThrillerMax HD(W) 832 Cinemax(E) 1835 MoreMax HD(W) International-Al-Carte Add-on Package 3740 Al Jazeera America 3682 Filipino on Demand 3703 TV Asia 3710 Bollywood Hits on Demand 3802 Rai Italia 3680 TV Japan 3882 Channel One Russia 3704 Sony Entertainment Television Asia(SET 3832 TV5 Monde 3603 China Central TV Asia) 3702 Zee TV 3604 CTI-Zhong Tian Channel 3706 STAR India PLUS 3681 The Filipino Channel Paquete Latino Add-on Package 3146 Bandamax 3102 Discovery en Espanol 3056 La Familia Cosmovision 3053 Boomerang en Espanol 3103 Discovery Familia 3017 Latele Novela 3022 Cable Noticias 3051 Disney en Espanol 3149 Ritmoson Latino 3054 Cartoon Network en Espanol 3052 DisneyXD Espanol 3078 TBN Enlace 3025 Cine Mexican 3302 ESPN Deportes 3143 Telehit 3127 Cine Sony 3077 EWTN en Espanol 3024 TV Chile 3202 CNN en Espanol 3303 FOX Deportes 3013 WAPA America 3128 De Pelicula 3304 GoITV 3129 De Pelicula Clasico 3104 History en Espanol Starz/Encore Add-on Package 932 ENCORE(E) 1951 Encore On Demand 910 Steal Comedy(E) 933 ENCORE(W) 936 ENCORE Suspense(E) 911 Starz!Comedy(W) 938 ENCORE Action(E) 937 ENCORE Suspense(W) 1910 Starz!Comedy HD(E) 939 ENCORE Action(W) 1936 ENCORE Suspense HD(E) 904 Starz!Edge(E) 1938 Encore Action HD(E) 940 ENCORE Westerns(E) 905 Starz!Edge(W) 942 ENCORE Black(E) 941 ENCORE Westerns(W) 1904 Starz!Edge HD 943 ENCORE Black(W) 1914 Indieplex HD 1902 Starz!HD(E) 1942 Encore Black HD(E) 914 Indieplex 1903 Starz!HD(W) 934 ENCORE Classic(E) 1788 MOVIEPLEX HD 906 Starz!In Black(E) 935 ENCORE Classic(W) 788 MOVIEPLEX 907 Starz!In Black(W) 1934 ENCORE Classic HD(E) 1916 Retroplex HD 1906 Starz!In Black HD 946 ENCORE Espanol 916 Retroplex 912 Starz!Kids and Family(E) 944 ENCORE Family(E) 902 Starz!(E) 913 Starz!Kids and Family(W) 945 ENCORE Family(W) 903 Starz!(W) 1912 Starz!Kids and Family HD 1932 Encore HD(E) 908 Starz!Cinema(E) 931 Starz!On Demand 1933 Encore HD(W) 909 Starz!Cinema(W) 1931 Starz!On Demand 951 ENCORE On Demand 1908 Starz!Cinema HD(E) Showtime Add-on Package 890 Flix(E) 1858 Showtime Extreme HD(E) 1857 Showtime Showcase HD(W) 892 Flix On Demand 1859 Showtime Extreme HD(W) 866 Showtime Women(E) 1892 Flix On Demand 862 Showtime Family(E) 867 Showtime Women(W) 852 Showtime(E) 863 Showtime Family(W) 1866 Showtime Women HD(E) 853 Showtime(W) 1852 Showtime HD(E) 1867 Showtime Women HD(W) 854 Showtime 2(E) 1853 Showtime HD(W) 882 TMC(E) 855 Showtime 2(W) 864 Showtime Next(E) 883 TMC(W) 1854 Showtime 2 HD(E) 865 Showtime Next(W) 1882 TMC HD(E) 1855 Showtime 2 HD(W) 1864 Showtime Next HD(E) 1883 TMC HD(W) 860 Showtime Beyond(E) 1865 Showtime Next HD(W) 888 TMC On Demand 861 Showtime Beyond(W) 880 Showtime On Demand 1888 TMC On Demand 1860 Showtime Beyond HD(E) 1880 Showtime On Demand 884 TMC Xtra(E) 1861 Showtime Beyond HD(W) 856 Showtime Showcase(E) 885 TMC Xtra(W) 858 Showtime Extreme(E) 857 Showtime Showcase(W) 1884 TMC Xtra HD(E) 859 Showtime Extreme(W) 1856 Showtime Showcase HD(E) 1885 TMC Xtra HD(W) HBO Add-on Package 802 HBO(E) 1806 HBO Family HD(E) 808 HBO Signature(E) 803 HBO(W) 1807 HBO Family HD(W) 809 HBO Signature(W) 804 HBO 2(E) 1802 HBO HD(E) 1808 HBO Signature HD(E) 805 HBO 2(W) 1803 HBO HD(W) 1809 HBO Signature HD(W) 810 HBO Comedy(E) 814 HBO Latino(E) 812 HBO Zone(E) 811 HBO Comedy(W) 815 HBO Latino(W) 813 HBO Zone(W) 1810 HBO Comedy HD(E) 1814 HBO Latino HD(E) 1812 HBO Zone HD(E) 1811 HBO Comedy HD(W) 1815 HBO Latino HD(W) 1813 HBO Zone HD(W) 806 HBO Family(E) 830 HBO On Demand 1804 HBO2 HD(E) 807 HBO Family(W) 1830 HBO On Demand 1805 HBO2 HD(W) TRADE SECRET/PRIVILEGED INFORMATION CLASSIFICATION RATIONALE State: Minnesota Description/Title of Information: Application of Qwest Broadband Services, Inc. d/b/a CenturyLink for a Competitive Cable Franchise Agreement with the City of Eden Prairie Trade Secret/Privileged Designation Rationale: Exhibit B to the Application of Qwest Broadband Services, Inc. d/b/a CenturyLink for a Competitive Cable Franchise Agreement with the City of Eden Prairie contains information that is considered Trade Secret because (1) CenturyLink makes reasonable efforts to ensure its privacy and (2) the data derives actual or potential independent economic value because the information is not generally known to, and not being readily ascertainable by proper means by, other persons who can obtain value from its disclosure or use. For this reason, Exhibit B to the Application of Qwest Broadband Services, Inc. d/b/a CenturyLink for a Competitive Cable Franchise Agreement with the City of Eden Prairie should be protected from public disclosure. Exhibit B Has Been Redacted In Its Entirety Prism Rates Prism Prism Prism Prism Essential Complete Preferred Premium Promotional Rate $54.99 $69.99 $ 84.99 $114.99 Rack Rate $74.99 $89.00 $104.99 $134.99 Exhibit C = - CenturyL nk Prism offered in the following markets -sollkera pursuant to state or local franchises p a Locally Negotiated Locally Negotiated Statewide Franchises Franchises Franchises Gulf Shores,AL Colorado Springs, CO Las Vegas, NV Orange Beach, AL Denver, CO North Las Vegas, NV Baldwin County, AL Monument, CO Clark County, NV Fountain, CO Henderson, NV Phoenix, AZ El Paso County, CO Chandler,AZ Gypsum, CO Tallahassee, FL Mesa, AZ Eagle, CO Fort Myers, FL Queen Creek, AZ Eagle County, CO Orlando, FL Glendale,AZ Centennial, CO Peoria,AZ Littleton, CO Columbia, MO Scottsdale,AZ Castle Rock, CO Surprise,AZ Parker, CO Raleigh/Durham DMA, NC Goodyear, AZ Jefferson County, CO Maricopa County, AZ Lone Tree, CO LaCrosse DMA, WI Pinal County, AZ Douglas County, CO Buckeye, AZ Council Bluffs, IA Florence, AZ Papillion, NE Pottawattamie County, IA Gilbert, AZ Springfield, NE Carter Lakes, IA Casa Grande,AZ Gretna, NE Tempe,AZ Ralston, NE Paradise Valley, AZ La Vista, NE Apache Junction,AZ Bellevue, NE Omaha, NE Douglas County, NE Sarpy County, NE Salt Lake County, UT Exhibit D ' '~ ► CenturyLink- Company Structure .0010.41 a CenturyLink, inc. 7 CenturyTel Broadband Qwest Communications Services LLC International, Inc. / N \ CenturyTel CenturyTel/Teleview Qwest Broadband Qwest Communications TeleVideo, Inc. of Wisconsin, Inc. Services, Inc. Services, Inc. 6 � Qwest Corporation Exhibit E 0P 0, - CenturyLink- CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 05, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 238211 - 238466 Wire Transfers 1010540 - 1010668 Wire Transfers 5396 - 5411 City of Eden Prairie Council Check Summary 5/5/2015 Division Amount Division Amount General 15,577 309 DWI Forfeiture 98,273 100 City Manager 131 315 Economic Development 4,939 101 Legislative 7,698 316 WAFTA 50 102 Legal Counsel 44,644 522 Improvement Projects 2006 768 110 City Clerk 226 527 CIP-Leasing Costs 1,624 111 Customer Service 3,712 528 Shady Oak Rd-CR 61 North 116,324 112 Human Resources 93 529 Shady Oak Rd-CR 61 South 412,682 113 Communications 2,028 530 Pool Upgrade/Expansion 20,000 114 Benefits&Training 4,038 654,659 130 Assessing 175 131 Finance 155 601 Prairie Village Liquor 97,613 132 Housing and Community Services 1,250 602 Den Road Liquor 190,795 133 Planning 90 603 Prairie View Liquor 112,009 136 Public Safety Communications 2,404 605 Den Road Building 1,650 137 Economic Development 415 701 Water Fund 100,260 138 Community Development Admin. 232 702 Sewer Fund 5,190 151 Park Maintenance 11,068 703 Storm Drainage Fund 27,836 153 Organized Athletics 420 535,353 154 Community Center 17,768 157 Special Events 100 806 SAC Agency Fund 17,395 158 Senior Center 678 807 Benefits Fund 824,961 162 Arts 667 811 Property Insurance 1,836 163 Outdoor Center 2,176 812 Fleet Internal Service 28,044 168 Arts Center 728 813 IT Internal Service 94,819 180 Police 22,164 814 Facilities Capital ISF 16,194 184 Fire 58,757 815 Facilites Operating ISF 33,641 186 Inspections 2,846 816 Facilites City Center ISF 160,706 200 Engineering 18,296 817 Facilites Comm.Center ISF 46,025 201 Street Maintenance 5,318 1,223,622 202 Street Lighting 41 Total General Fund 223,895 Report Totals 2,639,470 301 CDBG 1,416 1,416 441 2012A G.O.Refunding Bonds 525 525 City of Eden Prairie Council Check Register by GL 5/5/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238320 365,424 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Interchange 238355 248,264 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 5406 222,426 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 5409 151,912 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5404 151,879 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 1010649 100,238 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Shady Oak/CR 61 North 238360 98,389 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs 238437 97,133 WATCHGUARD VIDEO Miscellaneous DWI Forfeiture 5396 95,514 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund 5403 46,544 US BANK Principal Fire 1010659 43,176 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 1010633 36,799 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 238376 36,223 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 238295 34,963 VERMONT SYSTEMS,INC Computers Community Center Admin 238258 33,833 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1010643 31,479 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 1010580 31,329 LOGIS Network Support IT Operating 238288 27,399 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 238260 25,500 KEYS WELL DRILLING COMPANY Other Contracted Services Water Wells 1010593 24,504 XCEL ENERGY Electric City Hall-CAM 238426 23,987 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 5408 23,311 ING Deferred Compensation Health and Benefits 1010636 20,835 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 238304 20,000 ACCELERATED TECHNOLOGIES LLC Building Aquatics&Fitness Expansion 1010573 19,386 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 238445 17,964 XCEL ENERGY Capital Under$25,000 Engineering 1010625 17,805 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 238271 17,589 NAC Contract Svcs-HVAC Facilities Capital 238443 16,407 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 238444 15,829 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 238301 15,682 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 238278 15,000 PARK AT CITY WEST APARTMENTS,LLC Right of Way&Easement Shady Oak Rd-CR 61 North 238280 14,970 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 238390 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 238300 14,410 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 238402 14,027 NAC Contract Svcs-HVAC Utility Operations-General 5407 13,684 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5400 13,401 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1010586 13,207 SHI CORP Software Maintenance IT Operating 238375 12,779 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 238386 11,482 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 238411 11,416 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1010589 10,917 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5399 10,834 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1010662 10,391 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 238307 8,762 AMERICAN WATER WORKS ASSOCIATION Dues Water Distribution Check# Amount Supplier/Explanation Account Description Business Unit Explanation 5398 8,647 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 238256 8,595 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 238241 8,096 GRAYMONT Treatment Chemicals Water Treatment Plant 238427 7,673 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 1010547 7,669 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1010566 7,631 CENTERPOINT ENERGY Gas Water Treatment Plant 1010597 7,564 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 238247 7,210 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 238242 7,195 GREINER CONSTRUCTION WAC-Water SAC Agency Fund 238276 6,290 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 1010644 6,162 HAWKINS INC Treatment Chemicals Water Treatment Plant 238279 5,547 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 238302 5,490 XTREME INTEGRATION Inside Equipment Repair&Main Water Metering 238219 5,150 BAKER Contract Svcs-General Bldg Fire Station#1 238294 4,880 VERIZON WIRELESS Other Contracted Services IT Operating 1010558 4,828 VAN PAPER COMPANY Supplies-Pool Outdoor Center Facilities 238284 4,679 RJ MARCO CONSTRUCTION INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 238357 4,484 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 238404 4,389 NORTH PINE AGGREGATE,INC Gravel Storm Drainage 238350 4,245 GRAYMONT Treatment Chemicals Water Treatment Plant 238306 4,195 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 238238 3,910 GENERAL OFFICE PRODUCTS COMPANY Office Supplies Fleet Operating 1010561 3,894 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 1010666 3,795 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1010629 3,726 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 1010542 3,616 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 238222 3,608 BOLTON&MENK INC Design&Engineering Storm Drainage 238303 3,530 XYLEM WATER SOLUTIONS USA INC Repair&Maint.Supplies Water Treatment Plant 1010574 3,397 HAWKINS INC Treatment Chemicals Water Treatment Plant 1010640 3,108 GENUINE PARTS COMPANY Repair&Maint.Supplies Ice Arena Maintenance 238367 3,025 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 238299 2,963 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1010587 2,891 STREICHERS Clothing&Uniforms Police 1010584 2,887 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Police City Center 1010567 2,765 CERIDIAN Ceridian IT Operating 1010623 2,703 VAN PAPER COMPANY Tenant 1 -Cleaning Suppli Public Works/Parks 238255 2,615 INFRATECH Small Tools Storm Drainage 238442 2,600 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 238433 2,596 TARGETSOLUTIONS LEARNING,LLC Training Supplies Fire 238262 2,485 LANO EQUIPMENT INC Machinery&Equipment Fleet Operating 238408 2,433 ORACLE AMERICA INC Software Maintenance IT Operating 238311 2,407 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 238364 2,346 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 238428 2,326 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Employment Advertising City Clerk 238214 2,319 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-General Bldg Police City Center 238385 2,183 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1010562 2,167 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 238221 2,070 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Miscellaneous Police 1010560 2,056 ANCHOR PAPER COMPANY Office Supplies Customer Service 238410 2,055 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1010621 2,028 TEKIELA,STAN Program Trips Outdoor Center Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010661 1,977 STREICHERS Clothing&Uniforms Police 1010624 1,946 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1010592 1,941 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 238217 1,903 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 238405 1,895 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1010630 1,860 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 5401 1,840 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 5402 1,811 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1010612 1,765 PARK SUPPLY OF AMERICA INC Building Repair&Maint. Water Treatment Plant 238263 1,755 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1010642 1,689 GRAINGER Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 238384 1,676 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 238343 1,640 FIRE SAFETY USA INC Safety Supplies Fire 1010606 1,609 JOHN DEERE LANDSCAPES/LESCO Improvements to Land Park Maintenance 238439 1,575 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012A GO Refunding Bonds 238240 1,559 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1010651 1,500 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 1010546 1,485 FULLERTON,ALLISON Tuition Reimbursement/School Organizational Services 238316 1,454 BROTHERS FIRE PROTECTION Supplies-Fire/Life/Safety Fire Station#4 1010565 1,437 CDW GOVERNMENT INC. Software Maintenance IT Operating 1010667 1,402 WM MUELLER AND SONS INC Gravel Water System Maintenance 1010628 1,400 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1010572 1,395 GRAINGER Cleaning Supplies Park Maintenance 238330 1,381 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 238283 1,367 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 1010559 1,366 VINOCOPIA Liquor Product Received Den Road Liquor Store 1010610 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 238422 1,316 RETROFIT COMPANIES,INC,THE Supplies-Electrical Public Works/Parks 238249 1,293 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 238250 1,250 HOMELINE Other Contracted Services Housing and Community Service 238351 1,240 GYM WORKS Repair&Maint.Supplies Fitness Center 238230 1,206 DOMACE VINO Liquor Product Received Den Road Liquor Store 238267 1,189 MINNESOTA ACOUSTICS,INC Other Contracted Services CIP-Leasing Costs 238322 1,185 CENTURY COLLEGE Tuition Reimbursement/School Fire 238287 1,175 SOTA Tuition Reimbursement/School Police 238312 1,164 ARVIG Fiber Lease Payments IT Operating 238305 1,130 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-Gen.Bldg City Center Operations 238213 1,106 ACHIEVEMENT CENTER,THE Repair&Maint.Supplies Park Maintenance 1010549 1,106 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 238418 1,076 PRICKETT,WILLIAM Clothing&Uniforms Inspections-Administration 238387 1,075 MARCO INC Equipment Repair&Maint IT Telephone 238314 1,035 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1010631 1,013 BIFFS INC Waste Disposal Police 1010540 1,008 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1010594 1,001 COX,KIM Tuition Reimbursement/School Fire 238338 1,000 ETHICAL LEADERS IN ACTION LLC Training Supplies Fire 238331 994 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 238286 946 SEWER SERVICES,INC Contract Svcs-Plumbing Park Shelters 238282 929 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 238308 907 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 238413 888 PITNEY BOWES Postage Customer Service Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238235 840 EDINA,CITY OF Other Contracted Services Communications 238291 830 TKO WINES,INC Liquor Product Received Den Road Liquor Store 238348 785 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 238391 784 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 5397 775 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1010607 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 238434 750 ULTIMATE SOFTWARE GROUP,THE Other Assets IT Capital 238339 738 EXTRACTOR CORPORATION Supplies-General Bldg Fitness/Conference-Cmty Ctr 1010647 728 KIDCREATE STUDIO Instructor Service Arts Center 238254 725 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1010577 700 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 238251 690 HRD CONSULTING Employment Support Test Fire 5410 650 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 238409 646 OXYGEN SERVICE COMPANY EMS Supplies Fire 1010657 633 REINDERS INC Chemicals Park Maintenance 1010581 616 MENARDS Landscape Materials/Supp Park Maintenance 238406 601 OFFICE OF MN IT SERVICES Other Contracted Services Police 1010571 595 GOVDELIVERY Software Maintenance IT Operating 238347 580 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Arts Center 1010634 575 CERIDIAN Ceridian IT Operating 238349 575 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 238236 556 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 1010564 552 CANNON RIVER WINERY Liquor Product Received Prairie Village Liquor Store 1010622 543 THE OASIS GROUP Employee Assistance Organizational Services 1010637 541 DMX MUSIC Other Contracted Services Prairie View Liquor Store 1010569 514 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1010656 504 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 238246 498 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 1010665 495 VTI Equipment Repair&Maint Public Safety Communications 238265 495 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1010588 492 TEE JAY NORTH INC Contract Svcs-Electrical Prairie View Liquor Store 238257 490 JOHN E REID AND ASSOCIATES,INC Tuition Reimbursement/School Police 238321 479 CALIFORNIA CONTRACTORS SUPPLIES INC Safety Supplies Utility Operations-General 238435 477 VANCE BROTHERS INC Patching Asphalt Street Maintenance 238412 466 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 238239 465 GOOD EARTH PRODUCTS INC Operating Supplies Fire 238337 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police 238425 460 SOUTH CENTRAL TECHNICAL COLLEGE Tuition Reimbursement/School Fire 238226 457 CENTURYLINK Wireless Subscription IT Telephone 1010627 455 AMERITRAK Other Contracted Services Snow&Ice Control 1010638 451 FASTSIGNS Operating Supplies Ice Show 238224 448 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Sewer System Maintenance 238293 447 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1010653 446 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 238440 435 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 238371 434 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1010645 424 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg Police City Center 238415 421 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police 238344 413 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 5405 412 CERIDIAN Garnishment Withheld Health and Benefits 1010576 390 IDEAL SERVICE INC Maintenance Contracts Water Wells Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238399 389 MINVALCO INC Building Repair&Maint. Water Treatment Plant 238228 385 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 238366 385 IEDC Dues&Subscriptions Economic Development 1010650 374 MENARDS Equipment Repair&Maint Park Maintenance 1010545 370 FLEETPRIDE INC Equipment Parts Fleet Operating 238317 362 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1010544 350 FERGUSON ENTERPRISES#2516 Repair&Maint.Supplies Water Metering 238289 346 STAPLES ADVANTAGE Office Supplies Police 1010605 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 238234 325 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 238243 325 GTS Conference/Training Fire 238259 321 JONES&BARTLETT LEARNING LLC Tuition Reimbursement/School Fire 1010600 318 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1010585 316 RENDERS INC Landscape Materials/Supp Park Maintenance 1010648 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1010639 306 FORCE AMERICA Equipment Parts Fleet Operating 238358 304 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 238237 304 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 238345 300 FORECAST PUBLIC ART Other Contracted Services Arts 1010602 300 FASTENAL COMPANY Safety Supplies Fleet Operating 238333 298 DEZURIK Repair&Maint.Supplies Water Treatment Plant 1010556 283 SVOBODA,ANTHONY Travel Expense Fire 238382 276 LAKE COUNTRY DOOR LLC Contract Svcs-Gener Fire Station#4 1010664 275 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 238273 274 NORLAB INC Repair&Maint.Supplies Water Metering 1010578 263 KIDCREATE STUDIO Other Contracted Services Environmental Education 1010604 260 GOLDENSTEIN,JAMES Conference/Training IT Operating 238432 259 TALLEN&BAERTSCHI Legal Legal Criminal Prosecution 1010613 259 PARKER,WARD Conference/Training Fire 238290 258 TAMS-WITMARK MUSIC LIBRARY INC Licenses,Permits,Taxes Theatre Initiative 238438 252 WAYTEK INC Operating Supplies Park Maintenance 238429 248 STAPLES ADVANTAGE Office Supplies Customer Service 1010668 244 XCEL ENERGY Electric Miller Park 238269 235 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 238365 232 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-Direct Costs 1010563 226 BOYER TRUCKS Equipment Parts Fleet Operating 238389 220 MCNEILL,NANCY Deposits-P&R Refunds Community Center Admin 238325 219 COMCAST Cable TV Fire 1010652 217 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1010583 215 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1010658 205 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 238274 200 NSWFA Tuition Reimbursement/School Fire 238319 200 BUTLER,JOYCE Deposits-P&R Refunds Community Center Admin 238381 200 KRAMER,AUDREY Deposits-P&R Refunds Community Center Admin 238342 200 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 238231 199 E A SWEEN COMPANY Merchandise for Resale Concessions 238373 190 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 238211 190 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 238336 189 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Police City Center 238244 188 GYM WORKS Repair&Maint.Supplies Fitness Center 1010620 185 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010591 180 WATSON CO INC,THE Merchandise for Resale Concessions 1010551 179 RUE,RODNEY Mileage&Parking Engineering 238400 178 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 238252 175 IAAO Dues&Subscriptions Assessing 238417 173 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fire 238396 167 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1010543 165 FASTENAL COMPANY Equipment Parts Fleet Operating 238430 163 STARKEY,REBECCA Deposits-P&R Refunds Community Center Admin 238383 162 LANO EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 1010557 162 URBINA,JAIME Mileage&Parking Prairie View Liquor Store 238327 161 COMCAST Cable TV Fire 238392 160 MIKESH,KYLE Deposits-P&R Refunds Community Center Admin 238419 160 PRINT SOURCE MINNESOTA Advertising Special Initiatives 1010554 159 STONEBROOKE Equipment Parts Fleet Operating 238232 159 EATS Operating Supplies Police 238359 153 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 238212 152 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 238324 151 COMCAST Cable TV Fire 1010608 148 LARSON,MATHEW Conference/Training IT Operating 238379 146 KIZEWSKI,AMIEE Deposits-P&R Refunds Community Center Admin 238215 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 238416 144 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1010582 142 METRO SALES INCORPORATED* Equipment Rentals IT Operating 238223 138 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1010570 133 GINA MARIAS INC Operating Supplies Fire 238346 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1010646 126 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 5411 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 238420 125 PRO HYDRO-TESTING LLC Equipment Testing/Cert. Fire 1010619 124 SEELYE Repair&Maint.Supplies Water Treatment Plant 238275 116 OLSEN CHAIN&CABLE Safety Supplies Fire 238277 115 OXYGEN SERVICE COMPANY EMS Supplies Fire 238341 110 FILARDO,SANDRA Deposits-P&R Refunds Community Center Admin 1010590 110 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 238431 109 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1010568 108 FEDEX Operating Supplies Human Resources 238315 106 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1010654 105 NUCO2 INC Supplies-Pool Pool Maintenance 238245 100 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Subscriptions Fire 238264 100 MEYER,MARILYN Refunds Environmental Education 238298 100 WILEY,KIM Refunds Environmental Education 238216 98 ANTHONY,ED&PAT Refunds Environmental Education 1010611 97 MCWATERS,LORENE Conference/Training Administration 1010579 97 LANDS END CORPORATE SALES Clothing&Uniforms Police 1010614 96 PORTA,KITTY Mileage&Parking City Clerk 1010616 94 QUALITY PROPANE Gas Ice Arena Maintenance 1010595 93 COY,ERICA Operating Supplies Police 1010603 92 FERGUSON ENTERPRISES#2516 Equipment Parts Water Metering 1010660 92 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 238423 92 RIES,EMILY Deposits-P&R Refunds Community Center Admin 1010555 90 STOVRING,LESLIE Mileage&Parking Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010541 89 DALBEC,CORY Mileage&Parking Water Treatment Plant 1010617 89 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 238218 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 238377 81 KERNS,LORI Insurance Property Insurance 238441 75 WIGLEY AND ASSOCIATES Other Contracted Services Communications 1010550 74 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 238285 72 SENIOR COMMUNITY SERVICES Other Contracted Services Senior Center Programs 238227 71 COBORNS Merchandise for Resale Concessions 238266 71 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1010632 71 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 1010618 70 RICK,CARL Mileage&Parking Prairie View Liquor Store 238370 68 IND SCHOOL DIST 272 Building Rental Summer Theatre 238248 65 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 238296 64 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1010553 62 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 238354 57 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Park Maintenance 1010615 57 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 238225 55 CARVER COUNTY LICENSE CENTER Licenses&Taxes Fleet Operating 1010641 55 GOVERNMENT FINANCE OFFICERS ASSN Training Supplies Finance 1010655 55 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 1010575 54 HD SUPPLY FACILITIES MAINTENANCE Supplies-Electrical City Hall-CAM 238398 54 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 1010609 53 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 238334 51 DIRECTV Other Contracted Services Police 238268 50 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 238261 50 KRATZ,ROBERT Refunds Environmental Education 238328 46 COMCAST Cable TV Fire 238372 41 ISD 272 Building Rental Community Band 238297 40 WELSCH-EBNER,HEIDI Dog Licenses General Fund 238332 40 CPAC Tuition Reimbursement/School Police 238363 40 HO,PUI LING Deposits Community Center Admin 238424 40 RYSKI,RANDALL&CONSTANCE Deposits Community Center Admin 238253 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 238270 33 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 238229 32 COMCAST Wireless Subscription IT Operating 238220 31 BANNIE,SHARON Miscellaneous Senior Center Admin 238233 30 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 238292 30 UNITED FIREFIGHTERS ASSN Dues&Subscriptions Fire 238309 30 ANDREWS,TERRY S Conference/Training Softball 238310 30 APPLIANCE OUTLET CENTER Waste Disposal City Center Operations 238318 30 BUCK,NATHAN Conference/Training Softball 238353 30 HART,EDMUND Conference/Training Softball 238356 30 HEALY,STEPHEN Conference/Training Softball 238374 30 JENKINS,JOEL S Conference/Training Softball 238380 30 KNUDTSON,STEVE Conference/Training Softball 238401 30 MURRAY,JOHN Conference/Training Softball 238403 30 NEUMANN,NEAL Conference/Training Softball 238421 30 RAY,LEE Conference/Training Softball 238436 30 WASTL,GREG Conference/Training Softball 1010598 30 DESAULNIERS,DAN Conference/Training Softball 1010599 30 ELIASON,STEVE J Conference/Training Softball Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010601 30 FALCK,TIMOTHY R Conference/Training Softball 1010626 30 ZOELLNER,MARK Conference/Training Softball 238368 26 IND SCHOOL DIST 272 Operating Supplies Internal Events 238414 26 POMMERANZ,ERIN Deposits-P&R Refunds Community Center Admin 1010552 26 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 238335 26 EATS Miscellaneous City Council 238361 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 238362 25 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 238323 25 CLEAN N PRESS MTKA Clothing&Uniforms Police 238446 23 ZHAO,DONGBO Deposits-P&R Refunds Community Center Admin 238393 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 238394 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 238395 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 238313 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1010548 22 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1010635 22 CONSTRUCTION MATERIALS,INC Building Materials Street Maintenance 238272 20 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 238352 20 HANSON,LINDA Deposits Community Center Admin 238378 20 KERVIN,THERESA L Deposits Community Center Admin 238388 20 MCCURRY,KATHERINE Deposits Community Center Admin 238407 20 OLLHOFF,NATHAN Deposits Community Center Admin 238340 16 FERGUSON WATERWORKS Repair&Maint.Supplies Water Metering 1010596 14 CUSTOM HOSE TECH Equipment Parts Fleet Operating 238397 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1010663 8 UPS Office Supplies Customer Service 238369 7 IND SCHOOL DIST 272 Operating Supplies Internal Events 238329 4 COMCAST Cable TV Fire 238281 3 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 238326 2 COMCAST Other Contracted Services Police 2,639,470 Grand Total CITY COUNCIL AGENDA DATE: May 5, 2015 SECTION: Ordinances &Resolutions ITEM DESCRIPTION: DEPARTMENT/DIVISION: First Reading of Ordinance Amending ITEM NO.: XI.A. Chapter 4 of the City Code relating to City Attorney Ric Rosow taproom and growler licenses and administrative clarifications Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications. Synopsis The City has received inquiries concerning taproom, brewpub and growler liquor licenses. The City Code currently authorizes the issuance of brewpub licenses but not taproom or growler licenses. This Ordinance revises City Code Chapter 4 primarily relating to taprooms and growler sales but also incorporating a number of administrative type revisions for clarification of issues that the Police Department has indicated have raised questions over the years. Attached is a redlined version of Chapter 4 which is highlighted to identify the types of revisions. New language is highlighted in yellow; language that has been moved is in green; and language that has been clarified or reworded is in blue. Background Information Taproom State statute authorizes a city, including a city with municipal liquor store, to issue an on-sale taproom license to a brewer on or adjacent to the brewery location. The taproom license is limited to the sale of malt liquor(previously referred to as "strong beer") that the brewer manufactures on site. This provision also allows cities to permit Sunday on-sale for taprooms. A taproom license does not require that food be sold, therefore it is exempt from the City's principal part of business regulations. This ordinance authorizes the issuance of taproom licenses and the issuance of Sunday on-sale licenses for taprooms. Brewpub State statute authorizes a city to issue to a brewer an on-sale license for a restaurant operated at the place of manufacture. The brewpub license can be a malt liquor license issued only for malt liquor produced on site by the brewer or a full on-sale intoxicating liquor. A brewpub license is issued only to a restaurant, therefore it is required to meet the City's principal part of business requirement. The City Code currently permits the issuance of a brewpub license and Sunday on- sale. Growler In conjunction with either a taproom license or a brewpub license a city may issue an off-sale license to a brewer at its licensed facility for sales of growlers of malt liquor that is produced and packaged on site by the brewer. The City Code does not currently authorize the issuance of growler licenses. This ordinance permits the issuance of a growler license in conjunction with either a brewpub or a taproom license. Growlers may not be sold on Sundays under current State law, although the matter is before the legislature this session. Principal Part of Business The Ordinance reduces the principal part of business requirement from 50% food sales to 40% food sales for restaurants and hotels. Administrative In addition, the Ordinance makes a number of administrative type revisions to reorganize and clarify Chapter 4 in a more cohesive and coherent fashion to make the Chapter more understandable to individuals who apply for liquor license. Attachments Redlined Highlighted Chapter 4 Ordinance CHAPTER 4 BEER,WINE AND LIQUOR LICENSING AND REGULATION Section 4.01 Definitions 4- 1 Section 4.02 License Applications 4-2 Section 4.03 Financial Responsibility of Applicants and Licenses 4-3 Section 4.04 Processing of Application 4-4 Section 4.05 Standards 4-5 Section 4.06 General Provisions Regarding Licenses 4-6 Section 4.07 Restrictions and Regulations 4-7 Section 4.08 Revocation, Suspension or Fine 4-8 Sections 4.09-4.19 Reserved Section 4.20 Beer License Required 4-9 Section 4.21 Temporary Beer License 4-10 Section 4.22 Days and Hours of Beer Sales 4-10 Section 4.23 Malt Liquor License Required 4-11 Sections 4.24-4.29 Reserved Section 4.30 Liquor License Required 4-11 Section 4.31 Temporary Liquor License 4-11 Section 4.32 Days and Hours of Liquor Sales 4-12 Section 4.33 Sunday Sales 4-12 Sections 4.34-4.39 Reserved Section 4.40 On-Sale Wine License Required 4-12 Section 4.41 Days and Hours of Wine Sales 4-13 Section 4.42-4.49 Reserved Section 4.50 Sports or Convention Facilities License 4-13 Sections 4.51-4.59 Reserved Section 4.60 Club Licensee Restrictions 4-13 Sections 4.61-4.69 Reserved Section 4.70 Municipal Dispensary 4-14 Sections 4.71-4.79 Reserved Section 4.80 Unlawful Acts 4-14 Sections 4.81-4.89 Reserved Section 4.90 License Fees 4-15 Sections 4.91-4.98 Reserved Section 4.99 Violation a Misdemeanor 4-15 New Taproom, Growlers and related definitions 4.01 Bowling center definition(Subd.22 to 5) 4.05 Subd 1 and 3 fee language to 4.03 Subd.3 4.06 Subd 7 restaurant,hotel,club etc.to 4.30 4.22,4.32,4.33,4.41 days and hours of sale to 4.71 4.30 Subd.2 wine and beer to 4.40 Subd.2 D1 ari fi arl/R eimnrrl ari Moved prohibition against sale,license requirement and exemptions to 4.02 from language in 4.20,4.21,4.23,4.30, 4.31,and 4.40,which now describe available licenses and related conditions 4.03 Subd.3 clarified investigation vs license fees 4.04 Subd.2 updated reference for insurance exception 4.07 Subd.4 clarified principal part of business requirements 4.07 Subd.7 clarified when fees refunded 4.08 Subd. 1 (C)updated proof of age language CHAPTER 4 BEER,WINE AND LIQUOR LICENSING AND REGULATION SECTION 4.01.DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: Subd. 1. "Alcoholic beverage"is any beverage containing more than one-half of one percent alcohol by volume. Subd.2. "Applicant" means any person making an application for a license under this Chapter. Subd. 3. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Subd.4. "Beer or Non-Intoxicating Malt Liquor"means intoxicating malt liquor which contains not less than one- half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. 1116bd. 5. "Bowling center" means an establishment where the primary business is bowling, other family recreational activities and equipment sales including, but not limited to, bowling, arcade games, and billiards; and where food, beverage, and vending sales are offered and served. A bowling center must have a minimum of 40 lanes of bowling available and a minimum of 50% of the bowling center's square footage dedicated to bowling, which includes, but jj not limited to, the bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines, locked Subd. 6. "Brew pub"is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year,at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by Minnesota Statute Chapter 340A. Subd.7."Brewer"has the meanings given it in Minnesota Statutes Section 340A.101. Subd. 8. "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or(j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. Subd. 95. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veteran's organization, which has more than fifty(50)members; has owned or rented a building or space in a building for more than one(1)year that is suitable and adequate for the accommodation of its members;and which is directed by a board of directors,executive committee,or other similar body chosen by the members at a meeting held for that purposes. No member,officer,agent,or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests beyond a reasonable salary or wages fixed and voted each year by the governing body. Subd. 10."Growler"is malt-liquor sold off-sale by a small brewer or brew pub,which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter bottles. Subd. 611. "Guest" means a person not a member of the club licensee but present on the club licensed premises in the company of a host member. Subd. 712. "Host Member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. Subd.813. "Hotel" is an establishment where food and lodging are regularly furnished to transients and which has a resident proprietor or manager, a dining room serving the general public at tables and facilities for seating at least one hundred(100)guests at one time and a minimum of one hundred(100)guest rooms. Subd.914. "Intoxicating Liquor" and"Liquor" mean ethyl alcohol and distilled, fermented, spirituous,vinous and malt liquorrages containing in excess of 3.2 percent of alcohol by weight. Subd. 105. "License" means a document issued by the City to an applicant permitting him to carry on and transact the business stated therein. Subd. 146. "License fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. Subd. 172. "Licensee"means an applicant who,pursuant to his approved application,holds a valid,current,unexpired license,which has neither been revoked nor suspended,from the City for carrying on the business stated therein. Subd. 18."Malt Liquor" means any beer,ale,or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Subd. 139. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine or beer for sale. Subd. 204-4. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located,having evidence of current membership upon his person. Subd.4-521. "Off-sale"means the retail sale of beer or liquor in original packages for consumption off or away from the premises where sold. Subd. 4622. "On-sale" means the retail sale of beer,wine or liquor by the glass or by the drink for consumption on the premises where sold only. Subd. 4-723. "Package" and "original package" mean any container or receptacle holding liquor, wine or beer, which container or receptacle is corked,capped or sealed by a manufacturer or wholesaler. Subd. 4-824. "Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public and having a seating capacity for a minimum of one hundred fifty(150)guests. Subd.25."Small Brewer"is a brewer licensed under section 340A.301,subdivision 6,clause(c),(i),or(j)who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Subd.4926. "Wholesaler" means any person engaged in the business of selling liquor,wine or beer to retail dealers. Subd.207. "Wine"is sparkling and carbonated wine,wine made from condensed grape must,wine made from other agricultured products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance not containing less than seven percent(7%)nor more than twenty-four percent(24%) alcohol by volume for nonindustrial use. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd. 21.Repealed. Source: Ordinance No. 55 97 Effective Date: 10 31 97 Subd. 22. "Bowling center"means an establishment where the prima r family recreational available and a minimum of 50% of the bowling center's square footage dedicated to bowling, which includes, but is not limited to, the bowling lanes, approach to the bowling lanes, settee area, mechanical area for pin machines,locker Source: Ordinance No. 35-2003 Effective Date: 12-11-2003 The terms "manufacturer," "bre�=ems—" �and �who1 sal ie�" � �e the meanings given them in Minnesota Statutes 1996, Section 340A.101,Subds.4 17 and 28,which are incorporated herein by reference. SECTION 4.02.LICENSE REQUIRED. It is unlawful for any person to directly or indirectly,on any pretense or by any device,sell,barter,keep for sale, charge for possession,or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the license or permit required by this Chapter and/or Minnesota Statutes Chapter 340A. The licenses permitted under this Chapter are as follows: Beer(4.20),Temporary Beer(4.21),Brewer Taproom and Small Brewer(4.22),Brew pub(4.23),Intoxicating Liquor(4.30),Temporary Intoxicating Liquor(4.31),and Wine (4.40). This Section shall not apply to (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and it4 compounds not prepared or used for beverage purposes; (5) to sales by manufacturers to wholesalers duly licensed as ennh by th e State of Minneant .,r-a.,agles by wholesalers to nerenns holding on-sale or off-sale licenses from the City. SECTION 4.032.LICENSE APPLICATIONS. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms if prescribed by the proper Department of State of Minnesota, together with such additional information as the Council may desire. If State forms are not prescribed, then applications shall be made upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Subd. 2.False Statements.It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter or any part thereof. Subd.3. Application and Investigation Fees. Investigation Fee. At the time of the initial application, applicants for on-sale liquor licenses,beer licenses, and on-sale wine licenses,brewer taproom licenses and on-sale brew pub licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation of the application of No such fee shall be required of an applicant for a temporary beer or liquor license,a small brewer license or an off-sale brew pub license. An application is not complete until payment of the investigation fee. B. License Fee. Prior to issuance of a license, all applicants for a license issued under this Chapter shall pay a fee to the City which shall be considered an application fee, not refundable to applicant except as provided in Section 4.07, Subd. 7 of this Chapter, to cover the costs of the City in administering the license. If the license issued is for 1: Subd. 4. Applications for Renewal. Applications for renewal of all licenses under this Chapter shall be made at least sixty(60)days prior to the date of expiration of the license and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Subd. 5. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders holding more than five percent(5%) of all issued and outstanding stock of the corporation and show the number of shares held by each,either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk in writing of any change in legal ownership or beneficial interest in such corporation or in such shares. The notice of such change must be given within ten(10) days of its occurrence. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation.The council or any officer of the City designated by it may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. Subd. 6. Every application for the issuance or renewal of a license for the sale of intoxicating or non-intoxicating liquor must include a copy of each Summons received by the applicant under Minnesota Statutes, 1990, Section 340A.802,during the preceding year. SECTION 4.034.FINANCIAL RESPONSIBILITY OF APPLICANTS AND LICENSEES. Subd. 1.Proof.No alcoholic beveragebeer,wi e or liquor license shall be issued,maintained,or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, 1990, Section 340A.409,by filing with the City: A. A certificate that there is in effect an insurance policy or pool providing minimum coverages of(1)$50,000.00 because of bodily injury to any one person in any one occurrence, and$100,000.00 because of bodily injury to two or more persons in any one occurrence,and in the amount of$10,000.00 because of injury to or destruction of property of others in any one occurrence;and(2)$50,000.00 for loss of means of support of any one person in any one occurrence and$100,000 for loss of means of support of two or more persons in any one occurrence, (an annual aggregate policy limit for dram shop liability of not less than $300,000.00 per policy may be included in the policy provision);or, B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Section;or C. A certificate of the State Treasurer that the licensee has deposited with him$100,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of$100,000.00. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd. 2. Exception. This Section does not apply to licensees identified in Minnesota Statutes Section 340A.409, Subd. 4. An applicant seeking to use this exception shall,prior to issuance of a license,provide to the City a copy of the affidavit required by statute. on sale beer or wine licensees with sales of less than $25,000.00 for the preceding year, or to off sale beer licensees with sales of beer of less than $50,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Source: Ordinance No. 10-98 Effective Date: 5-1-98 Subd. 3. The liability insurance policy,bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause by the licensee,the insurance company,bond company or State Treasurer without first giving thirty (30) days' notice to the municipality in writing of intention to cancel it. Such notice must be addressed to the City Clerk. Subd. 4. Documents Submitted to Commission. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. SECTION 4.054.PROCESSING OF APPLICATION. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd. 1. Investigation and Granting. Upon receipt of an application it may be referred to the Chief of Police who shall institute such investigation of the applicant and the contents of the application as is deemed necessary including, but not limited to, a criminal history check with the Bureau of Criminal Apprehension. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. or to consideration of any the investigation fee. Upon rejection of any application for a license or upon withdrawal of aujimiliajniamimmilmitaiftuance by the Council,the license fee shall be refunded to the applicant. Source: Ordinance No. 54-96 Effective Date: 12-27-96 Subd.2.Manager or Agent.Before a license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is its manager or agent. Such manager or agent shall,by the terms of his written consent, (1)take full responsibility for the conduct of the licensed premises and(2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee.If such manager or agent ceases to act in such capacity for the licensee without appointment of a successor,the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 3. Issuing. If an application is approved,the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, upon payment of the license fee.All licenses shall be on a calendar year basis unless otherwise specified herein.PRMIMMIM d which are to become effective other than on the first d • licensed year, the fcc to be paid with the Licenses shall be valid only at one location and on the premises therein described. Subd. 4. Conditional Licenses. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter,upon any license as it,in its discretion,may deem reasonable and justified. Subd. 5. Every license shall be granted subject to the provisions of this Chapter and all other laws relating to the operation of licensee's business. Subd. 6.No license shall be effective until a license shall be issued to a licensee under the laws of the United States or the laws of the State of Minnesota,if required by such laws. SECTION 4.056.STANDARDS. Subd. 1.The council may in its sole discretion,for any reasonable cause,refuse to grant any application. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd.2.No license may be issued under this section to: A. A person under twenty-one(21)years of age. B. A person who within five (5) years of the license application has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor or non-intoxicating malt liquors. C. A person who has had an intoxicating or non-intoxicating liquor license revoked within five(5)years of the license application; or to any person who at the time of the violation owns any interest,whether as a holder of more than five percent(5%)of the capital stock of a corporation licensee,as a partner or otherwise,in the premises or in the business conducted thereon; or to a corporation, partnership, association, enterprise, business,or firm in which any such person is in any manner interested. D. A person not of good moral character or repute. Source: Ordinance No.21-96 Effective Date: 5-31-96 Subd. 3. No license shall be granted to an applicant person who has a direct or indirect interest in a manufacturer, brewer or wholesaler, except to a brew pub, brewer taproom, or small brewer, as defined in this Chapter. brewer licensed under Minnesota Statutes 1996, Section 3'I0A.301, Subd. 6,Clause d.,may be issued an on sale intoxicating liquor or non intoxicating malt liquor license for a restaurant operated in the place of manufacture. The terms "manufacturer," "brewer" and "wholesaler" have the meanings given them in Minnesota Statutes 1996, Section 340A.101, Subds.4, 17, and 28,which arc incorporated herein by reference. Source: Ordinance No. 54-96 Effective Date: 12-27-96 Subd. 4. Except as otherwise provided in this Chapter, no license shall be granted for any building within three hundred(300) feet of any public elementary or secondary school structure or within one hundred (100) feet of any church structure. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd. 5. Delinquent Taxes and Charges. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof are owed by the applicant and are delinquent and unpaid,except those delinquent and unpaid taxes,assessments,or installments thereof A. Which are the subject of an agreement between the taxpayer and the Hennepin County Treasurer that provides for the payment of the delinquent and unpaid taxes, assessments, or installments, together with any penalty and interest thereon in twelve(12)equal monthly payments commencing on or before the date the license is granted, and further provides that any unpaid amount,together with any additional penalty and interest will be paid on or before the date of the payment of the last installment,and B. The licensee shall have entered into an agreement with the City that in the event the taxpayer has not complied with the terms of the agreement with the Hennepin County Treasurer,such noncompliance shall be sufficient grounds to suspend or revoke the license. For the purpose of this Section,"applicant"includes persons and related persons owning,directly or indirectly,(1)at least a fifty percent (50%) beneficial interest in the proposed licensee or in an entity owning such interest in the proposed licensee or in the entity making the application and(2)at least an undivided one-half interest in the premises proposed to be licensed or at least a fifty percent(50%)beneficial interest in the entity owning such premises. Source: Ordinance No.4-93 Effective Date: 1-29-93 Subd. 6. Limitation on Ownership.No person shall be granted liquor or wine licenses at more than two locations. For the purpose of this Section,any person owning an interest of five percent(5%)or more of the entity to which the license is issued or such ownership by a member of his immediate family shall be deemed to be a licensee. Source: Ordinance No.21-96 Effective Date: 5-31-96 Subd. 7. On sale intoxicating liquor licenses shall be granted onl congressionally chartered veterans organizations. Source: Ordinance No. 35-2003 Effective Date: 12-11-2003 Subd. 87. The Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may,in its discretion,deem proper. SECTION 4.067.GENERAL PROVISIONS REGARDING LICENSES. Subd. 1. Duplicate licenses. Duplicates of all original licenses under this Chapter may be issued by the City Clerk without action by the Council. Subd.2.Posting.All licensees shall conspicuously post their licenses in their places of business. Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd.3.Premises Licensed.Unless expressly stated therein,a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license;and all transactions relating to a sale under such license must take place within such building or structure,except that in the case of a restaurant licensed for on sale alcoholic beverages and located on a golf course,"licensed premises"means the entire golf course except for areas where motor vehicles are regularly parked or operated. Source: Ordinance No. 24-97 Effective Date: 5-30-97 Subd.4.Principal Part of Business. rA. Restaurant: A licensesant, including a brew pub,shall be conducted in such manner that the principal part of the business for a license year is the serving of foods. For restaurants, "principal part" shall mean forty percent(40%)or more of the gross receipts. B. Hotel. A hotel shall be conducted in such manner that, in relation to of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors,the principal part of the business for a license year is the serving of foods. For hotels, "Pprincipal part" shall mean fortyifty percent(540%)or more of the gross receipts. Bowling Center. A bowling center shall be conducted in such manner that the principal part of the business for a license year is composed of food,beverage,vending machine sales,bowling activity and other recreational activities and sales including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For bowling centers, "principal part" shall mean seventy percent (70%) or more of gross receipts. Source: Ordinance No. 35-2003 Effective Date: 12-11-2003 (Prey.Ordinance No.55-97 Effective Date: 10-31-97) Subd. 5. Premises Subject to Inspection. All premises licensed under this Chapter shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures. Subd. 6. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein. Subd.7.License ee a un in Certain Cases.A pro-rata share of an annual license tee for a license issued undi iris section shall be refunded to ihe licensee orALthe licensee's estate only under the following circumstances: ifthe business ceases to operate because of destruction or damage,if-the licensee dies,if-the business ceases to be lawful for a reason other than a license revocation or i -the licensee ceases to carry on the licensed business under the license.Under any of these circumstances the license shall be deemed to have expired. Subd. 8. Transfer.No license shall be transferable between persons or location without the consent of the Council. Subd.9.Termination.Licenses shall terminate only by expiration or revocation. SECTION 4.078.RESTRICTIONS AND REGULATIONS. Subd. 1.It is unlawful for any: A. Club or any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purposes of mixing liquor therewith,unless duly licensed under the provisions of this Chapter. B. Licensee to permit anyone under the age of twenty-one (21) years to consume alcoholic beverages on the licensed premises. C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises for the purpose of consuming, purchasing or procuring beer, wine or liquoralcoholic beverages. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6.by Section 171.07,or a valid alien passport. D. Licensee to hinder or prevent a police officer from making an inspection to determine whether or not the provisions of this Chapter and all laws are being observed. E. Licensee to sell beer,wine or liquor on any day or at any time when such sales are not permitted by law. F. Licensee to permit consumption of beer,wine or liquor on licensed premises more than twenty(20)minutes after the hour when a sale thereof can legally be made. G. Any on-sale licensee to permit any glass, bottle or other container, containing beer, wine or liquor in any quantity, to remain upon any table, bar stool or other place where customers are served, more than twenty (20)minutes after the hour when a sale thereof can legally be made. H. Licensee to permit any gambling or gambling device upon the licensed premises except such as are licensed by the State of Minnesota. I. Licensee to sell beer,wine or liquor to any person who is obviously intoxicated. J. Licensee to sell, offer for sale, or keep for sale,beer,wine or liquor in any original package which has been refilled or partly refilled, except for the off-sale of malt liquor by a brew pub or small brewer as permitted by this Chapter.: K. Licensee to display beer,wine or liquor to the public during hours when sale of these beverages is prohibited. Source: Ordinance No. 13-92 Effective Date: 6-5-92 L. Licensee to employ,hire,allow or permit any person to dance or perform,or remain in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola, or any of any portion of the pubic hair, anus, cleft of the buttocks,or genitals. Source: Ordinance No. 1-2007 Effective Date: 1-11-2007 SECTION 4.089.REVOCATION,SUSPENSION OR FINE. Subd. 1.Violations and Penalties.Upon a finding that the holder of any license granted pursuant to this Chapter has(1) sold alcoholic beverages to another retail licensee for the purpose of resale,(2)purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, or(4) failed to comply with any applicable statute, regulation or ordinance relating to an alcoholic beverage,the Council may revoke the license,suspend the license for a period not to exceed sixty(60)days,or impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. The civil penalty and/or suspension and revocation imposed pursuant to this section shall be based on the licensee's total number of violations at the specific location,at which the violation occurred,within the preceding 24-month period as follows: First Violation: $ 500 Second Violation: $1,000 Third Violation: $1,500,plus two day suspension of license Fourth Violation: $2,000,plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Payment of the civil penalty shall be made within 30 days of issuance of the citation referred to in Subdivision 2 hereof. A suspension for a Third Violation under this section shall be served for consecutive days starting on the first Monday following the later of the expiration of the time to request a hearing under Subd. 2, if a hearing is not requested,or, if a hearing has been timely requested, the date a decision is rendered pursuant to Subd. 2.d. that a violation occurred. A suspension for a Fourth Violation under this section shall be served in the manner and at such time as decided by the City Council. Subd. 2. Notification, Hearing and Appeal. The following notification, hearing and appeals process will apply to violations of this Section. A. Notice. Upon discovery of a suspected violation of this Section, the alleged violator shall be issued, either personally or by mail,a citation that sets forth the alleged violations and which shall inform the alleged violator of his or her right to be heard on the accusation. The person responsible for the violation must either pay the scheduled fine or request a hearing under Subd. 2.B. of this Section.Payment of the fine constitutes admission of the violation. B. Hearings.No suspension or revocation shall take effect until the license holder has been given an opportunity for a hearing before the hearing examiner,pursuant to Minnesota Statutes,Sections 14.57- 14.69 49904.Unless a hearing is required as stated in the first sentence of this Subparagraph, any person accused of violating this Section who desires a hearing must submit a request to the hearing examiner within fifteen (15) days after issuance of the citation.A hearing requested,or in the case of suspension or revocation,required,in accordance with this Section shall be scheduled by the hearing examiner for a date not to exceed forty-five(45)days from receipt of the request or in the case of suspension or revocation, within forty-five (45) days from the date of issuance of the citation.Notice of the hearing must be served in person or by mail on the person responsible for the violation at least fifteen(15)days in advance of the hearing,unless a shorter time is accepted by all parties. Such notice shall contain the time, place and issues involved, but if by reason of the nature of the case, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable,and opportunity shall be afforded to the holder of the license to present evidence and argument with respect thereto. C. Hearing Examiner. The City Council may designate the entire Council, a committee of the Council, a member thereof,or an employee of the Office of Administrative Hearings to serve as hearing examiner. D. Decision. If it is determined at a hearing that a violation of this Section occurred,that decision along with the reasons for finding a violation and the penalty to be imposed under this Section shall be recorded in writing, a copy of which shall be provided to the accused violator and the City Council if it is not the hearing examiner.In the case of a Fourth Violation if the City Council has designated someone other than the entire Council to serve as the hearing examiner, the hearing examiner's decision and recommendation for the penalty to be imposed shall be referred to the City Council. The City Council shall consider the recommendation of the hearing examiner and impose a penalty within thirty days of the Council's receipt of the decision. If it is determined at hearing that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted violator. E. Appeal. Appeal of any decision made by the hearing examiner shall be filed in Hennepin County District Court. Subd. 3. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 4. Late Payment. A late payment fee of 10% of the penalty shall be assessed for each thirty-day period in which the penalty remains unpaid after the due date. Subd. 5. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a petty misdemeanor, misdemeanor or gross misdemeanor for any violation of this Section. If the City elects to seek prosecution,an administrative penalty may also be imposed. Source: Ordinance No.40-99 Effective Date: 11-25-99 (Sections 4.09 through 4.19,inclusive,reserved for future expansion.) SECTION 4.20.BEER LICENSE REQUIRED. An-applicant may apply for an on-sale an -or o sale beer license required under this Chapter. It is unlawful for any person to sell, or keep, or offer for sale any beer without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons licensed by the City to sell on sale or off sale beer or intoxicating liquors, nor shall this persons licensed by the City to sell on sale or off sale intoxicating liquors. Source: Ordinance No. 13 92 Effective Date: 6 5 92 SECTION 4.21.TEMPORARY BEER LICENSE. Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota and having its registered office and principal place of , activity within the City("organization"), may apply shall qualify for a re ui ilianporary on-sale jar license for serving beer on and off school grounds and in and out of school builds-ldi Source: Ordinance No. 30-94 Effective Date: 9-16-94 Subd. 2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. Source: Ordinance No. 13-92 Effective Date: 6-5-92 B. No organization shall qualify for a temporary license for more than a total of seven(7)days in any calendar year. No more than three (3) temporary on-sale beer licenses may be issued to one (1) organization or for any one(1)location within a twelve(12)month period. Source: Ordinance No. 30-94 Effective Date: 9-16-94 C. The Council may grant a temporary beer license on premises owned or controlled by the City,but at no time shall the Council be under any obligation whatsoever to do so.Any such license may be conditioned,qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of$100,000.00 for injury to any one person and $300,000.00 for injury to more than one person,naming the City as an insured during the license period. Source: Ordinance No. 13-92 Effective Date: 6-5-92 SECTION 4.22.BREWER TAPROOM AND SMALL BREWER(GROWLER)LICENSES REQUIRED. Subdivision 1. A brewer taproom may apply for a malt liquor on-sale brewer taproom license required under this Chapter. Brewer taproom licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301, Subd. 6b. Subdivision 2.A small brewer may apply for a malt liquor off-sale small brewer license required under this Chapter. Small brewer licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301, Subd. 6d. SECTION 4.22.DAYS AND HOURS OF BEER SALES. Beer may be sold between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six (6) days beginning club may also sell beer for consumption on the premises in conjunction with the sale of food between the hours of Clean Air Act,M.S. §1'I'I.111 et seq(1990). Source: Ordinance No. 35 2003 Effective Date: 12 11 2003 (Prey.Ordinance No.55 97 Effective Date: 10 31 97) For all purposes set forth above, the hours during which beer may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 310A.501 as amended from time to ti . Source: Ordinance No. 21 2003 Effective Date:7 10 2003 SECTION 4.23. BREW PUB ON-SALE AND OFF-SALE(GROWLER)LICENSES REQUIRED Subdivision 1. It is unlawful for any person to sell, keep, or offer for sale any malt liquor without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to wholesalers to persons licensed by the City to sell on sale or off sale beer or intoxicating liquors. Subdivision 21. A brew pub may apply for an intoxicating liquor and/or 3.2 malt liquor on-sale brew pub license required under this Chapter. . On-sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes Section 340A.301, Subd. 7, clause(b). Subdivision 2. A brew pub may apply for a malt liquor off-sale brew pub license required under this Chapter. Off- sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301. Subd. 7,clause(b). Source: Ordinance No.26-2003 Effective Date: 9-25-2003 (Sections 4.24 through 4.29,inclusive,reserved for future expansion.) SECTION 4.30.LIQUOR LICENSE REQUIRED. Subd. 1.It is unlawful for any person to sell,or keep,or offer for sale any liquor without a license therefor from the City. representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its Chapter as an on sale wine licensee;or(5)to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on sale or off sale licenses from the City.Subd. 7. On sale intoxicating liquor licenses shall be granted only toAn applicant may apply for an on-sale intoxicating liquor license required under this Chapter for a hotels, restaurants, bowling centers, clubs, and—or congressionally chartered veteran's organizations Source: Ordinance No. 13-92 Effective Date: 6-5-92 Subd. 2. Notwithstanding the prohibition container -___-. -_ =e ',�--- =-_--__—_--.---a- _=---cam - also licensed to sell beer at on sale and whose gross receipts arc at least 60% attributable to the sale of food may sell malt beverages containing in excess of 3.2%of alcohol by weight at on-sale without an additional license. Source: Ordinance No.21-96 Effective Date: 5-31-96 SECTION 4.31.TEMPORARY LIQUOR LICENSE.rd. 1. AThe Council may issue to a club,c i able,religious, or other non-profit organization in existence for at least ee(3)years,or to a political committee registered under Minnesota Statutes Section 10A.14("organization"),may apply for a temporary license required for the on-sale of intoxicating liquor in connection with a social event held within the City end sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four (4) consecutive days and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. No more than(a)three(3) four-day, four(4)three-day,or six(6)two-day in any combination not to exceed twelve(12) days per year temporary on-sale intoxicating liquor licenses may be issued to any one (1) organization or for any one location, within a twelve (12) month period or (b) one (1) temporary license to any one (1) organization for any one location within any 30-day period.The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. Temporary licenses are subject to all laws and ordinances governing the sale of intoxicating liquor except those relating to insurance required by State law and/or City Code and except those which by their nature are not applicable.Temporary licenses are not valid unless first approved by the Minnesota Commissioner of Public Safety. Source: Ordinance No. 30-96 Effective Date: 8-16-96 Subd. 2. The Council may issue to the Eden Prairie Foundation a temporary license for the on-sale of intoxicating liquor in accordance with the provisions of Chapter 86,Laws 1985. Source: Ordinance No. 13-92 Effective Date: 6-5-92 SECTION 4.32. REPEAL Liquor may be sold between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six(6) days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1:00 a.m. A restaurant, hotel,bowling club, or club may also sell liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act,M.S. §111.1 11 et seq(1990). Source: Ordinance No. 35 2003 Effective Date: 12 11 2003 For all purposes set forth above, the hours during which liquor may be sold are extended to 2:00 a.m. for licensees time to time Source: Ordinance No. 21-2003 Effective Date:7-10-2003 SECTION 4.33 REPEALED Source: Ordinance No.21-2003 Effective Date:7-10-2003 SECTION 4.33.SUNDAY SALES. , which have on sale licenses and which also have facilities for serving not less than one hundred(100) guests at one time, and said licensee may serve liquor between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays in Clean Air Act(M.S. §1'1'I.'I11 et seq (1990). Source: Ordinance No. 35 2003 Effective Date: 12 11 2003 (Prey. Ordinance No. 55 97 Effective Date: 10 31 97) For all purposes set forth above,the hours during which liquor may be sold are extended to 2:00 a.m. on Mondays for licensees who obtain a permit f Safety under Minnesota Statutes § 310A.501 as (Section 4.34 through 4.39,inclusive,reserved for future expansion.) SECTION 4.40.ON-SALE WINE LICENSE REQUIRED. Subd. 1. On Sale Wine License Required. It is unlawful for any person to sell, or keep, or offer for sale any wine without a license therefor from the City. This Section shall not apply(1)to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2)to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota; (3)to sales by wholesalers to persons holding on sale or off sale liquor licenses from the City;or('I)to sales by wholesalers to persons holding on sale wine licenses from the City. Subd.21.An applicant may apply for an on-sale wine license required under this Chapter for a restaurant which has appropriate facilities for seating not less than fifty (50) guests at one time. On sale wine licenses shall be granted have appropriate facilities for seating not less than fifty(50)guests at one time. Subd. 22. Notwithstanding the prohibition contained in Section 4.02 hereof`uba the holder of an on-sale wine license who also holds an on-sale beer license is also licensed to sell beer at on sale and whose gross receipts are at least 60% attributable to the sale of food may sell malt liquor ems—containing in excess of 3.2% of alcohol by weight at on-sale without an additional license. Source: Ordinance No. 10-2002 Effective Date:4-25-2002 SECTION 4.41 R . SALES. Sales of wine may be made between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six (6) days on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act, M.S. §1'III.'111 et seq(1990). Source: Ordinance No. 55 97 Effective Date: 10 31 97 For all purposes set forth above, the hours during which wine may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety under Minnesota Statutes § 310A.501 as amended from Source: Ordinance No. 21 2003 Effective Date: 7 10 2003 SECTION 4.50.SPORTS OR CONVENTION FACILITIES LICENSE. I Notwithstanding the restrictions set forth in Section 4.056, Subd. 4 of the City Code,the Council may authorize any holder of an on-sale license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City,or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. Source: Ordinance No. 7-2008 Effective Date: 3-13-2008 (Sections 4.51 through 4.59,inclusive,reserved for future expansion.) SECTION.4.60.CLUB LICENSEE RESTRICTIONS. Subd. 1. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor.It is unlawful for any: A. Club licensee to sell liquor or beer to any person not a member of the licensed club. B. Club licensee to serve beer or liquor to any non-member of the licensed club unless such non-member is a guest. C. Person who is not a member of the licensed club to purchase liquor or beer from the club. D. Club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter and all other laws. E. Person to refuse,upon request of a licensee or police officer,to provide information as to whether he or she is a member, guest, or host member or to give false, fraudulent, or misleading information in response to such request. (Sections 4.61 through 4.69,inclusive,reserved for future expansion.) SECTION 4.70.MUNICIPAL DISPENSARY. Subd. 1.Establishment.A Municipal Dispensary is hereby established to be operated within the City for the sale of liquor potable as a beverage and containing more than 3.2 percent of alcohol by weight. Such Dispensary shall be at such place or places as the Council shall determine and may be either leased or owned by the City. It shall be in the charge of a person known as the Manager who shall have such assistants as may be necessary. All employees, including the Manager,shall hold their positions at the pleasure of the Council. Subd. 2. Dispensary Fund. A Liquor Dispensary Fund is hereby created into which all revenues received from the operation of the Dispensary shall be paid and from which all operating expenses shall be paid. Any surplus accumulating in this Fund may, from time to time, be transferred to the General Fund by resolution of the Council and expended for any municipal purpose. (Sections 4.71 through 4.79,inclusive,reserved for future expansion.) Subdivision 1. Beer/Non-Intoxicating Malt Liquor. Sale of beer/non-intoxicating malt liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 1. Subdivision 2. Intoxicating Liquor on-sale. On-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd.2. Subdivision 3. Intoxicating Liquor off-sale. Off-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd.4. Subdivision 4. 2 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minnesota Statutes § 340A.504, subd. 7. Subdivision 5. Sunday. A Sunday on-sale liquor license may be issued to brew pubs, taprooms, hotels, bowling centers, restaurants or clubs that qualify pursuant to Minnesota Statutes Section 340A.504, Subd. 3 or Section 301, Subd. 6b. Subd.2 SECTION 4.80.UNLAWFUL ACTS. Subd. 1.It is unlawful for any: A. Person under the age of 21 years to consume any beer,wine, or liquor unless in the household of his or her parent or guardian and with the consent of the parent or guardian. B. Person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of his or her parent or guardian. Possession at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. C. Person under the age of 21 years to purchase or attempt to purchase any alcoholic beverage. Source: Ordinance No. 13-92 Effective Date: 6-5-92 D. A person under the age of 21 years to enter an establishment licensed under this Chapter for the purpose of purchasing or having served or delivered any alcoholic beverage. Persons under 21 years may enter establishments licensed under this Chapter in order to: consume meals; attend social functions that are held in a portion of the establishment where liquor is sold; and perform work for the establishment, except that persons under 18 years are prohibited from selling or serving any alcoholic beverage. Source: Ordinance No.24-97 Effective Date: 5-30-97 E. Person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. F. Person to induce person under the age of 21 years to purchase or procure any alcoholic beverage. G. Person to consume beer,wine, or liquor on licensed premises more than twenty(20)minutes after the hour when a sale thereof can legally be made. H. Person to purchase beer,wine,or liquor on any day or during any hour when sales are not permitted by law. I. Person to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age except that a parent or guardian of a person under 21 years of age may give or furnish alcoholic beverages to that person solely for consumption in the household of the parent or guardian. (Sections 4.81 through 4.89,inclusive,reserved for future expansion.) SECTION 4.90.LICENSE FEES. All license and investigation fees provided for in this Chapter, including, but not by way of limitation, fees for on- sale and off-sale of beer, temporary on-sale of beer, on-sale and temporary off-sale of liquor, and on-sale of wine, on-sale and off-sale brew pub, brewer taproom, and small brewer, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees, may, from time to time, be amended by the Council by resolution. A copy of the resolution shall be kept on file in the office of the City Clerk and open to inspection during regular business hours. (Sections 4.91 through 4.98,inclusive,reserved for future expansion.) SECTION 4.99.VIOLATION A MISDEMEANOR. Every person violates a section, subdivision,paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Source: Ordinance No. 13-92 Effective Date: 6-5-92 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 1 RELATING TO REFERENCES TO STATUTES; AMENDING CITY CODE CHAPTER 4 RELATING TO TAPROOM AND GROWLER LICENSES AND ADMINISTRATIVE AND CLARIFICATION MATTERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 1 is hereby amended by inserting a new Section 1.10 to read as follows: SECTION 1.10. MINNESOTA STATUTES. As used in this City Code, references to Minnesota Statutes and Rules shall refer to such statues and rules as may be amended from time to time. Section 2. City Code Chapter 4, Section 4.01 is hereby amended by: (i) relocating the definition of "Bowling center" in its entirety from subdivision 22 to subdivision 5; (ii) in the definition of "Intoxicating Liquor and Liquor" deleting the word "beverage" and replacing it with the word "liquor" in the second line; and (iii) in the definition of"Wine" deleting the "d" from the end of the word"agricultured" in the second line. Section 3. City Code Chapter 4, Section 4.01 is hereby amended by inserting the following definitions in alphabetical order and renumbering the existing definitions as appropriate: "Brew pub" is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by Minnesota Statute Chapter 340A. "Brewer" has the meanings given it in Minnesota Statutes Section 340A.101. "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. "Growler" is malt-liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter bottles. "Malt Liquor" means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. "Small Brewer" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or(j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Section 4. City Code Chapter 4 is hereby amended by renumbering Sections 4.02 through 4.08 to Sections 4.03 to 4.09 and inserting a new Section 4.02 to read as follows: SECTION 4.02. LICENSE REQUIRED. It is unlawful for any person to directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the license or permit required by this Chapter and/or Minnesota Statutes Chapter 340A. The licenses permitted under this Chapter are as follows: Beer (4.20), Temporary Beer (4.21), Brewer Taproom and Small Brewer (4.22), Brew pub (4.23), Intoxicating Liquor (4.30), Temporary Intoxicating Liquor (4.31), and Wine (4.40). This Section shall not apply to (1) to possession or handling for sale or otherwise of sacramental wine or to any representative of any religious order or for use in connection with a legitimate religious ceremony; (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes; (3) to industrial alcohol and its compounds not prepared or used for beverage purposes; (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on-sale or off-sale licenses from the City. Section 5. City Code Chapter 4, renumbered Section 4.03 "License Applications" is hereby amended by deleting Subd. 3 in its entirety and replacing it with the following: Subd. 3.Application and Investigation Fees. A. Investigation Fee. At the time of the initial application, applicants for on-sale liquor licenses, beer licenses, on-sale wine licenses, brewer taproom licenses and on-sale brew pub licenses shall pay a fee to the City which shall be considered an investigation fee, not refundable to applicant, to cover the costs of the City in the investigation of the application. No such fee shall be required of an applicant for a temporary beer or liquor license, a small brewer license or an off-sale brew pub license. An application is not complete until payment of the investigation fee. B. License Fee. Prior to issuance of a license, all applicants for a license issued under this Chapter shall pay a fee to the City which shall be considered an application fee, not refundable to applicant except as provided in Section 4.07, Subd. 7 of this Chapter, to cover the costs of the City in administering the license. If the license issued is for less than a full year, the license fee shall be prorated based on the date of issuance of the license. Section 6. City Code Chapter 4, renumbered Section 4.03 "License Applications", Subd. 6 is hereby amended by deleting the year"1990," in the second line. Section 7. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants and Licensees", Subd. 1 is hereby amended by: (i) deleting the phrase "beer, wine or liquor" in the first line and replacing it with the phrase "alcoholic beverage"; and (ii) deleting the year "1990," in the second line. Section 8. City Code Chapter 4, renumbered Section 4.04 "Financial Responsibility of Applicants and Licensees", is hereby amended by deleting Subd. 2 in its entirety and replacing it with the following: Subd. 2. Exception. This Section does not apply to licensees identified in Minnesota Statutes Section 340A.409, Subd. 4. An applicant seeking to use this exception shall, prior to issuance of a license, provide to the City a copy of the affidavit required by statute. Section 9. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 1 is hereby amended by deleting the final two sentences. Section 10. City Code Chapter 4, renumbered Section 4.05 "Processing of Application", Subd. 3 is hereby amended by deleting the third sentence. Section 11. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by deleting Subd. 3 in its entirety and replacing it with the following: Subd. 3. No license shall be granted to an applicant who has a direct or indirect interest in a manufacturer, brewer or wholesaler, except to a brew pub, brewer taproom, or small brewer, as defined in this Chapter. Section 12. City Code Chapter 4, renumbered Section 4.06 "Standards" is hereby amended by deleting Subd. 7 in its entirety and renumbering Subd. 8 as Subd. 7. Section 13. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding Licenses" is hereby amended by deleting Subd. 4 in its entirety and replacing it with the following: Subd. 4. Principal Part of Business. A. Restaurant: A licensed restaurant, including a brew pub, shall be conducted in such manner that the principal part of the business for a license year is the serving of food. For restaurants, "principal part" shall mean forty percent (40%) or more of the gross receipts. B. Hotel. A hotel shall be conducted in such manner that, in relation to that part of the total business attributable to or derived from the serving of food and intoxicating liquors, the principal part of the business for a license year is the serving of food. For hotels, "principal part" shall mean forty percent(40%) or more of the gross receipts. C. Bowling Center. A bowling center shall be conducted in such manner that the principal part of the business for a license year is composed of food, beverage, vending machine sales, bowling activity and other recreational activities and sales including, but not limited to, bowling, bowling equipment, arcade games, and billiards. For bowling centers, "principal part" shall mean seventy percent (70%) or more of gross receipts. Section 14. City Code Chapter 4, renumbered Section 4.07 "General Provisions Regarding Licenses", Subd. 7 is hereby amended by: (i) inserting the word "Fee" after the word "License" in the heading; (ii) deleting the word "Refundment" and replacing it with the word "Refund" in the heading; (iii) inserting the phrase "only under the following circumstances:" after the words "licensee's estate" in the second line; and (iv) deleting the word "if' at the beginning of each item in the list in the second sentence. Section 15. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1 is hereby amended by deleting C. in its entirety and replacing it with the following: C. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises for the purpose of consuming, purchasing or procuring alcoholic beverages. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. Section 16. City Code Chapter 4, renumbered Section 4.08 "Restrictions and Regulations", Subd. 1 J. is hereby amended by inserting the phrase ", except for the off-sale of malt liquor by a brew pub or small brewer as permitted by this Chapter" at the end of the sentence. Section 17. City Code Chapter 4, renumbered Section 4.09 "Revocation, Suspension or Fine", Subd. 2 B. is hereby amended by deleting the year"(1990)" in the second line. Section 18. City Code Chapter 4, Section 4.20 is hereby deleted in its entirety and replaced with the following: SECTION 4.20. BEER LICENSE REQUIRED. An applicant may apply for an on-sale and/or off-sale beer license required under this Chapter. Section 19. City Code Chapter 4, Section 4.21, Subd. 1 is hereby amended by: (i) deleting the phrase "under the laws of the State of Minnesota" after the phrase "religious corporation" in the second line; (ii) deleting the phrase "shall qualify" and replacing it with the phrase "may apply" in the third line; and(iii) inserting the word"required"prior to the word temporary in the third line. Section 20. City Code Chapter 4, Section 4.22 is hereby deleted in its entirety and replaced with the following: SECTION 4.22. BREWER TAPROOM AND SMALL BREWER (GROWLER) LICENSES REQUIRED. Subdivision 1. A brewer taproom may apply for a malt liquor on-sale brewer taproom license required under this Chapter. Brewer taproom licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301, Subd. 6b. Subdivision 2. A small brewer may apply for a malt liquor off-sale small brewer license required under this Chapter. Small brewer licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301, Subd. 6d. Section 21. City Code Chapter 4, Section 4.23 is hereby deleted in its entirety and replaced with the following: SECTION 4.23. BREW PUB ON-SALE AND OFF-SALE (GROWLER) LICENSES REQUIRED Subdivision 1. A brew pub may apply for an intoxicating liquor and/or 3.2 malt liquor on- sale brew pub license required under this Chapter. On-sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes Section 340A.301, Subd. 7, clause (b). Subdivision 2. A brew pub may apply for a malt liquor off-sale brew pub license required under this Chapter. Off-sale brew pub licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.301, Subd. 7, clause (b). Section 22. City Code Chapter 4, Section 4.30 is hereby deleted in its entirety and replaced with the following: SECTION 4.30. LIQUOR LICENSE REQUIRED. An applicant may apply for an on-sale intoxicating liquor license required under this Chapter for a hotel, restaurant, bowling center, club, or congressionally chartered veteran's organization. Section 23. City Code Chapter 4, Section 4.31, Subd. 1 is hereby amended by: (i) deleting the phrase "The Council may issue to a" and replacing it with the word "A" at the beginning of the first sentence; (ii) inserting the phrase "may apply for" after the word "("organization")" in the first sentence; and (iii) inserting the word "required" after the phrase "temporary license" in the first sentence. Section 24. City Code Chapter 4, Section 4.32 is hereby repealed. Section 25. City Code Chapter 4, Section 4.33 is hereby repealed. Section 26. City Code Chapter 4, Section 4.40 is hereby deleted in its entirety and replaced with the following: SECTION 4.40. ON-SALE WINE LICENSE REQUIRED. Subd. 1. An applicant may apply for an on-sale wine license required under this Chapter for a restaurant which has appropriate facilities for seating not less than fifty (50) guests at one time. Subd. 2. Notwithstanding the prohibition contained in Section 4.02 hereof, the holder of an on-sale wine license who also holds an on-sale beer license may sell malt liquor containing in excess of 3.2% of alcohol by weight at on-sale without an additional license. Section 27. City Code Chapter 4, Section 4.41 is hereby repealed. Section 28. City Code Chapter 4, Section 4.50 is hereby amended by replacing the reference to "Section 4.05" in line one with a reference to "Section 4.06". Section 29. City Code Chapter 4 is hereby amended by inserting a new Section 4.71 to read as follows: SECTION 4.71. DAYS AND HOURS OF SALES. Subdivision 1. Beer/Non-Intoxicating Malt Liquor. Sale of beer/non-intoxicating malt liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 1. Subdivision 2. Intoxicating Liquor on-sale. On-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 2. Subdivision 3. Intoxicating Liquor off-sale. Off-sale of intoxicating liquor may be made only during those hours permitted by Minnesota Statutes Section 340A.504, Subd. 4. Subdivision 4. 2 a.m. The hours during which alcoholic beverages may be sold are extended to 2:00 a.m. for licensees who obtain a permit from the Commissioner of Public Safety pursuant to Minnesota Statutes § 340A.504, subd. 7. Subdivision 5. Sunday. A Sunday on-sale liquor license may be issued to brewpubs, taprooms, hotels, bowling centers, restaurants or clubs that qualify pursuant to Minnesota Statutes Section 340A.504, Subd. 3 or Section 340A.301, Subd. 6b. Section 30. City Code Chapter 4, Section 4.90 is hereby amended by deleting the word "and" after the phrase "off-sale liquor" in the second line and inserting the phrase "on-sale and off-sale brewpub, brewer taproom, and small brewer" after the phrase "on-sale of wine" in the second and third line. Section 31. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 32. 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 day of , 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2015. City Clerk Mayor Published in the Eden Prairie News on the day of , 2015. ALCOHOL CHAPTER / AMENDMENTS : TAPROOMS, BREW PUBS, GROWLERS AND FOOD RICHARD ROSOW MAY 6, 2015 \ y Types of Licenses issued to brewers ri • Brew pub on-sale — issued to qualifying brewers with a restaurant. • Brew pub off-sale (growlers) — issued to 1 restaurants with on-sale brew pub licenses. • Brewer taproom on-sale — issued to qualifying 11. brewers. • Small brewer off-sale (growlers) —issued to qualifying brewers (same list as taproom on- Is sale) . GROWLER : WHAT IS A GROWLER II r • A Growler is malt-liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter \ bottles. ' • A Growler may be sold on Sunday if authorized by the City. BREW PUB : WHAT IS A BREW PUB • Brew pub is a restaurant. • Operated in the place of manufacture of malt liquor. • Licensed to sell intoxicating liquor or 3.2 malt liquor. • A brew pub with an intoxicating liquor license may sell liquor, wine and beer, including beer produced at the restaurant. • A brew pub may also sell Growlers off-sale with a separate 11. \,- license. • Manufacture at any one facility may not exceed 3,500 barrels of malt liquor in a year, with not more than 500 barrels sold off-sale in a year. 4 • The entire production is solely for consumption on tap or for off-sale growler sales. • May sell on-sale on Sundays as a restaurant. TAPROOM : WHAT IS A TAPROOM It • A taproom license is limited to the sale of malt. 11 . liquor ( previously referred to as "strong beer" ) that wfrs . . Manufacturethebreer manu at all facilitiesactue on maysite not exceed 250,000 barrels of malt liquor in a year. • Each brewer my have only 1 taproom license. • Beer is consumed onsite. • A taproom may sell on-sale on Sundays. • No food is required, but a taproom may sell food . SMALL BREWER : WHAT IS A SMALL BREWER • A small brewer license is an off-sale license for the sale of growlers. • Manufacture at all facilities may not exceed \ 20,000 barrels of malt liquor in a year. • Each brewer my have only 1 small brewer license . • May be issued to a taproom OR a brewer with no taproom (a qualifying brewer may obtain an on-sale taproom license; an off-sale small brewer license; or both ) . Days and Hours r • 3.2 (beer)(on and off sale) : 8 am to 2 am Monday thru Saturday; 10 am to 2 am Sunday. • Intoxicati ng on-sale: 8 am to 2 am all week (was Monday- Saturdaywith Sunday 10 am to 8 am — new law moves Sunday to 8 am to match the rest of the week). Sunday ij. sales are limited by food, location and/or seating capacity and need a separate Sunday license. Ordinance sets taproom hours to match . • Intoxicating off-sale: 8 am to 10 pm Monday thru Saturday (no sales Sunday, Thanksgiving, Christmas or Christmas Eve after 8). • Growlers: Intoxicating off sale hours EXCEPT can sell on • Sunday if allowed by City. City sets Sunday hours. Ordinance sets growler hours to match Sunday on-sale 111 hours — 8 am to 2 am . PRINCIPAL PART OF BUSINESS li r • A restaurant, including a brew pub, and hotel are required to operate so that the principal part of the business for a i s f . • Current City Code definedlicenseyear "sprincipalthe pi for ood restaurants and hotels as fifty percent (50%) or Ni more of the gross receipts. • Amendment changes the requirement to forty percent (40%) attributed to the serving of food . Summary r • City currently allows brew pubs, which are restaurants 1111 that sell beer manufactured on-site in addition to the sale of other intoxicating liquor. • This ordinance allows brew pubs to obtain a license to sell off-sale growlers.\ • This ordinance allows brewer taprooms to obtain a license for on-sale of malt liquor produced for consumption on the premises of or adjacent to a brewery location owned by the brewer. • This ordinance allows small brewers to obtain an off- sale license for growlers. Is • This ordinance allows sale of growlers on Sunday by 10 brew pubs and small brewers (taprooms) . r f • QUESTIONS?