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Home My WebLink AboutCity Council - 05/01/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 1, 2018 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, 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 Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. ASPIRE EDEN PRAIRIE 2040 Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 1, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Kathy Nelson, and Ron Case 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 II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HUMAN RIGHTS AWARDS B. HENNEPIN COUNTY SHERIFF'S OFFICE PRESENTATION C. ACCEPT DONATION FROM GIRL SCOUT TROUP 17155 OF $1,500 FOR BIKE RACKS (Resolution) D. SENIOR AWARENESS MONTH PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 17, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 17, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BREWERIES/DISTILLERIES/ TAPROOMS/COCKTAIL ROOMS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE CITY COUNCIL AGENDA May 1, 2018 Page 2 B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATED TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. DECLARE OBSOLETE EQUIPMENT AS SURPLUS D. ACCEPT BIDS AND AWARD CONTRACT FOR RED ROCK LAKE PARKING LOT REHABILITATION TO BITUMINOUS ROADWAYS INC. E. AWARD CONTRACT FOR 2018 SUPPLY OF CONCRETE TO CEMSTONE PRODUCTS COMPANY F. AWARD CONTRACT FOR 2018 MILL AND OVERLAY AND PAVEMENT RECLAMATION PROJECT TO BITUMINOUS ROADWAYS INC. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT —CHAPTERS 10 AND 11 HOUSE KEEPING ITEMS First Reading of an Ordinance Amending City Code Chapters 10 and 11, Relating to Telecommunications Permitting, Landscape Securities, Golf Course Permitted Uses and Fence Height Around Pools X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Terminate Joint Powers Agreement for Oak Point Pool E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA May 1, 2018 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 27, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 1, 2018 TUESDAY,MAY 1, 2018 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. HUMAN RIGHTS AWARDS B. HENNEPIN COUNTY SHERIFF'S OFFICE PRESENTATION C. ACCEPT DONATION OF BIKE RACKS FROM GIRL SCOUT TROOP 17155 (Resolution) MOTION: Move to adopt the Resolution accepting the donation of $1,500 from Girl Scout Troop 17155 to go towards bike racks at Miller Park and Homeward Hills Park. D. SENIOR AWARENESS MONTH PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA May 1, 2018 Page 2 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 17, 2018 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BREWERIES/DISTILLERIES/ TAPROOMS/COCKTAIL ROOMS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATED TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. DECLARE OBSOLETE EQUIPMENT AS SURPLUS D. ACCEPT BIDS AND AWARD CONTRACT FOR RED ROCK LAKE PARKING LOT REHABILITATION TO BITUMINOUS ROADWAYS INC. E. AWARD CONTRACT FOR 2018 SUPPLY OF CONCRETE TO CEMSTONE PRODUCTS COMPANY F. AWARD CONTRACT FOR 2018 MILL AND OVERLAY AND PAVEMENT RECLAMATION PROJECT TO BITUMINOUS ROADWAYS INC. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT—CHAPTERS 10 AND 11 HOUSE KEEPING ITEMS First Reading of an Ordinance Amending City Code Chapters 10 and 11, Relating to Telecommunications Permitting, Landscape Securities, Golf Course Permitted Uses and Fence Height Around Pools Synopsis: The proposed code amendments identified below are housekeeping in nature. The purpose of these amendments is to update City Code for consistency with State Statues, to provide for efficient administrative processing of landscape sureties; and to provide additional clarity regarding process. Code amendments include: • Updating Chapter 10 maximum pool fence height regulations to be ANNOTATED AGENDA May 1, 2018 Page 3 consistent with State Statues and fence height in Chapter 11 and require that permanent fencing be installed prior to water being placed in the pool. • In Chapter 11 eliminating the term bond and replace with surety for the landscape portions of Chapter 11. This will provide for administrative ease in the event of processing a surety and clarify acceptable forms of landscaping security. • Providing clarification for the application requirements related to towers and antennas. • Adding Public Infrastructure and Towers and Antennas as permitted uses in the Golf Course zoning district as these uses are permitted in all zoning districts. MOTION: Move to: • Close the public hearing; and • Approve the First Reading of the Ordinances to Amend City Code Section 10.03 related to maximum fence height; Section 11.03 related to landscape security requirements; Section 11.06 related to telecommunication applications; and Section 11.36 related to permitted uses in the Golf Course Zoning District. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Terminate Joint Powers Agreement for Oak Point Pool Synopsis: On February 20, 2018, Community Education Director Shawn Hoffman Bram, Executive Director of Business Services Jason Mutzenberger, Community Center Manager Valerie Verley and Parks and ANNOTATED AGENDA May 1, 2018 Page 4 Recreation Director Jay Lotthammer met to determine the best method to revise or eliminate the agreement for the Oak Point Pool Joint Powers Agreement. The consensus was to eliminate this specific Joint Powers Agreement and let Oak Point Pool operate under the Master Joint Powers Agreement between the City and the District. MOTION: Move to waive the twelve month notice provision and terminate the Joint Powers Agreement for Oak Point Pool on June 1, 2018. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, Community Development Director. Molly Human Rights Awards IV.A. Koivumaki, Housing & Community Services Manager Synopsis Several Human Rights & Diversity Commissioners will present the four Human Rights Awards. The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. Individual Award: Crystal Winston Presenting the Award: Student Commissioner Meghana Chimata Crystal upholds the values of the Eden Prairie Manifesto by bringing a sense of hope and dignity to families in Eden Prairie and by being a fierce advocate for change in our community. Crystal serves Eden Prairie families through her work as the Licensed Social Worker at PROP. She advocates for vulnerable residents as she works alongside them to provide practical problem solving, advocacy and resource navigation services. Crystal is eager to engage our entire community in conversations about bias, diversity and the importance of recognizing that a person should not be defined by their life circumstances. Youth Award: Hayden Bunn Presenting the Award: Student Commissioner Ashwin Senthilkumar Haley upholds the values of the Eden Prairie Manifesto by striving to ensure that every Eden Prairie resident feels like their voice is valued in our community. Hayden has a passion for lifting up peers that may be struggling. He is known for his willingness to challenge injustice in our community and his drive to inspire change. Whether it's through his work as a soccer coach for the Eden Prairie Soccer Association, his experiences as a student at Eagle Ridge or the time he spends listening to the needs of his peers, Hayden is a shining example of the power of compassionate leadership. Non-Profit Award: Interfaith Circle Presenting the Award: Student Commissioner Carolyn Mason Interfaith Circle upholds the values of the Eden Prairie Manifesto by celebrating the commonality and diversity of our faith traditions in order to foster understanding and acceptance. Interfaith Circle brings residents together to encourage discussion about what it means to live in a multi faith, multi-cultural community through events such as Who is My Neighbor? and their annual Thanksgiving Gathering. Interfaith Circle makes our community stronger by encouraging community members to explore and engage with each other's traditions and beliefs. Business Award: Southwest Prime Presenting the Award: Student Commissioner Kholood Mo'allim Southwest Transit upholds the values of the Eden Prairie Manifesto by striving to provide accessible transportation to all of Eden Prairie's residents. Through the Southwest Prime program, Southwest Transit allows residents to maintain their independence and access to our community. The program offers ADA compliant vehicles, discounted fare for seniors and disabled veterans, and provides customers with various ways of arranging transportation, therefore reducing the barriers that residents face as they navigate through our community. Southwest Transit works every day to ensure that every member of our community can thrive. Human Rights and Diversity Commission members are: • Sana Elassar, Chair • Greg Leeper, Vice Chair • Leslie Philmon • Shahram Missaghi • Ann Martinka • Joan Howe-Pullis • Katherine Lucht • Rehmatbai Sumra CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Girl Scout Troop 17155 for IV.C. Parks and Recreation Bike Racks Requested Action Move to: Adopt Resolution accepting the donation of$1500 from Girl Scout Troop 17155 to go towards bike racks at Miller Park and Homeward Hills Park Synopsis The donation of$1500 was raised as part of two troop members Silver Award Project. The project included a survey of residents on their biking habits and included a question of where they thought the City needed additional bike racks. Two of the top responses to this question were Miller Park and Homeward Hills Park. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$1500 to be used towards bike racks from the Girl Scout Troop 17155 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 1st day of May, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: IV.D. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of seniors 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; 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 2018 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this I=` day of May 2018. Nancy Tyra Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson UNAPPROVED MINUTES ITEM NO. VI. A. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 17, 2018 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, Ron Case and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Senior Project Engineer David Modrow, City Attorney Ric Rosow, and Recorder Jan Curielli RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT: Manager Dorothy Petersen, Manager Dick Ward, Administrator Dr. Claire Bleser Workshop-Heritage Room II I. JOINT MEETING WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Getschow said the City Council is well aware of the work done in our community by the three watershed districts within our boundaries and also understands the need to partner with them. When setting the 2018 workshop calendar, the Council suggested we meet with the watershed districts as we do with the School Board and other groups. Tonight's meeting is an opportunity to share information and a chance for the watershed district board members and the Council to have a dialogue. Dr. Claire Bleser, Riley Purgatory Bluff Creek Watershed District(RPBCWD) Administrator, gave a PowerPoint presentation reviewing the watershed district's new ten- year management plan. She noted about 2/3 of Eden Prairie is within the RPBCWD. There are five managers on the RPBCWD Board, and the watershed district has a staff of five. The Board of Managers appoint two committees to provide recommendations on matters affecting the district: a Citizen Advisory Committee (CAC) and a Technical Advisory Committee (TAC). The two committees played an important role in guiding the development of the ten-year management plan. The RPBCWD also has a volunteer program that had 40 members in 2017 who put in 345 hours of work for the watershed district. Dr. Bleser said the RPBCWD needed to redo the 2011 ten-year management plan and to update plans for all the water resources. In order to develop the goals and strategies for the plan, they went through a process to obtain extensive input from public stakeholders such as the advisory committees, community members, city partners, and local and state government organizations through the use of forums and a survey. Staff organized the comments and feedback received from the various groups and individuals into topic areas and created a first draft of the management plan. There was a public hearing last month to present the plan, and the final plan was recently submitted to the State Board of Water Management. City Council Workshop Minutes April 17, 2018 Page 2 Dr. Bleser reviewed the 13 goals developed for the management plan, which included such topics as: Operate in a manner that uses District resources and capacity efficiently and effectively while advancing the District's vision and goals; Collect data and use the best available science to recommend and support management decisions; Include sustainability and the impacts of climate change in District projects, programs, and planning; Preserve and enhance habitat important to fish, waterfowl, and other wildlife; Promote the sustainable management of groundwater resources; and Limit the impact of stormwater runoff on receiving waterbodies. A total of 175 individual projects were identified to help restore our water bodies. The RPBCWD developed a process for prioritizing the projects according to ten benefit criteria. City and County stakeholders were asked to help with the prioritization process, and a decision management tree was developed. Dr. Bleser reported the process identified a total of 34 projects to be worked on over the next ten years. The projects were scattered throughout the district, with ten for Riley Creek watershed, seven for Bluff Creek watershed and 17 for Purgatory Creek watershed. She reviewed several of the projects on the list and described the outcomes they expect as a result of completing the projects. She described the regulatory program to improve water quality, their outreach and education efforts, and the outcomes of their plan. Tyra-Lukens asked if they are still removing carp from the lakes. Dr. Bleser replied they are still working on that with such methods as the barrier in Purgatory Creek and restocking of bluegills in the lakes. Aho asked if they did a winter trapping of carp in Lake Susan and other lakes. Dr. Bleser replied they tagged carp in Lakes Riley, Susan and Staring in order to monitor the fish to see if carp school during the winters. Nelson asked about the lakes with fish kill. Dr. Bleser said they are aware of fish kill in Duck Lake and Rice Marsh Lake, but there may be other lakes that experience fish kill as well because this winter's conditions were just right for that to occur. Nelson asked if it will happen in all of the Eden Prairie lakes. Dr. Bleser said they don't expect it to happen in Staring Lake. Aho commented he did not see any mention of recreation goals or projects in the list and asked why improving the quality of water for recreation was not part of their philosophy. Dr. Bleser replied that goal did not come through as a strong factor in the community workshops. The purpose of the RPBCWD is to protect, manage and restore water bodies within the district. The MPCA has set standards for water quality, and improving water quality will improve the habitat within the water body. The watershed district is looking at keeping invasive plant species from taking over from native plant species. Aho said he has heard concerns from the lake association groups regarding the quantity of vegetation growth which makes it difficult to use a canoe or kayak and makes the lake unusable for recreation. Dr. Bleser replied it is very difficult to keep a balance of vegetation in shallow lakes to keep the water from becoming turbid. Getschow noted we had the shallow lake workshop here with discussion about resources for lake management. The City puts resources to vegetation management to enhance the recreational potential of the lakes, while the watershed district emphasizes treatment of invasive species vegetation. Aho said Round Lake was in tough shape for a long time,but our efforts have resulted in our being able to swim in it again. He noted he is not a fan of alum treatments and asked if there City Council Workshop Minutes April 17, 2018 Page 3 is any new technology to control lake vegetation. Dr. Bleser replied other chemicals can be used for internal control, and they can also draw down the lake. She believed more tools will be developed and noted the University of Minnesota has researched the use of iron filings in storm water ponds. Aho asked if there has been any more work on aeration. Dr. Bleser replied that has been done on Lake Lucy. There are some problems with it, and they did not see any drastic changes. Aho commented he talked to a resident who was involved in aeration at Lake Sweeney, and they seemed to have a lot of success with that process. Dr. Bleser responded there are limitations to that process, and success may depend on the size of water body. Tyra-Lukens asked about storm water reuse. Dave Modrow, Senior Project Engineer, replied the popular methods of storm water reuse do not work well in Eden Prairie because the underground systems become very large as a result of the clay soils here. He noted we have tried reusing irrigation water. There are many different agencies involved in water reuse, and there are health regulations that would apply to the different treatments required. Dr. Bleser noted there is a project at Chanhassen High School to use storm water from the ponds on the ballfields, and another similar project at Lake Susan. Tyra-Lukens commented that would save money for cities and schools. She asked why we aren't doing more of that and if we should be requiring that of developers. Dr. Bleser replied we are seeing more of that as new rules and requirements have been developed. Butcher Wickstrom asked who is required to do storm water reuse. Modrow replied it depends on what will be done with the water because there are different treatments required and there are high capital costs. Tyra-Lukens asked what we can do as a city to reduce barriers and to encourage water reuse. Modrow said Fire Station 2 is a good educational location to show how residents could use some of the best practices for storm water reuse. He said the Minnesota Storm Water Coalition also has information. Tyra-Lukens asked if the industries are lobbying for the changes. Modrow replied both the Storm Water Coalition and the Fresh Water Society are promoting water reuse. Nelson asked if there is some resource for people to use to see which of our lakes may be suitable for swimming, including being safe to jump into from a boat. Dr. Bleser replied the MPCA and the DNR classify all of the lakes in the state as to their suitability for full body immersion,partial immersion or scenic viewing. Tyra-Lukens asked where that classification could be found. Dr. Bleser said the Minnesota lake finder is a website with information about how they classify the lakes. She noted the Department of Health is the agency in charge of beach closings because of E.coli readings. Aho asked whose responsibility it is to monitor water quality of a lake. Lotthammer replied we depend on the Department of Health and Hennepin County to do water testing at beaches. Tyra-Lukens suggested we put a link to the lake finder on our park website. Open Podium - Council Chamber City Council Workshop Minutes April 17, 2018 Page 4 III. OPEN PODIUM A. JOHN MALLO, SEN. STEVE CWODZINSKI—GUN CONTROL John Mallo, 14000 Forest Hill Road, said there is a group of citizens at the meeting tonight who are asking the City Council to ban assault-style weapons in Eden Prairie. Now is the time to act on this issue as recent national polls show 67% of all Americans favor such bans. In the past Eden Prairie has been in the forefront on issues such as this. He noted there are two businesses in Eden Prairie that sell guns. He distributed a sample of the recently-passed ordinance in Highland Park, Illinois. Rev. Rod Anderson, Eden Prairie resident, asked the Council to take the issue of gun control under serious consideration and to ban assault-style weapons. He commented he has been engaged with young and old in his occupation as a pastor, and cited several Biblical references regarding life, death and peace on earth. He noted all Dick's Sporting Goods stores have announced a ban on assault-style weapons and, further,plan to start disassembling their stock of such guns in order to reuse them for another purpose. Carlie Kotyza-Witthuhn, candidate for House of Representatives District 48B, added her support to the request to ban assault weapons. Ron Whitman, 6617 Harlan Drive, stated he was a 38-1/2-year veteran of the St. Paul Police Department, a life member of the NRA, and the proud owner of an Ar15. He reminded the audience the Minnesota State law passed in 1985 does not allow cities to ban firearms except for their discharge. He wanted to make sure the Council knows there are other views regarding guns among City residents. Tyra-Lukens said the City Attorney will give a report later in the meeting about what the City is legally able to do regarding gun control. Case noted he also plans to address this during the Council Member reports and will propose some action for the Council to take at a future meeting. B. ARRIVE EDEN PRAIRIE David Saltzman, 17635 Wiedman Way, said he is a member of the Eden Prairie Housing Coalition, a community group that supports affordable housing opportunities in the City and supports residents who are living in rental units. He said a group of residents from the Arrive Apartments is here tonight to bring forward the difficulties they have experienced with the management company of the apartments since the building was acquired by Arrive in 2017. Several residents of the Arrive Apartments reported their bad experiences in trying to deal with such problems as rats out of control in the building, safety and security issues resulting from garage doors and other doors being kept open, problems reported to the management company but ignored by them, and a general lack of communication with the office. City Council Workshop Minutes April 17, 2018 Page 5 Jonathan Luebbers, a resident at the Arrive Apartments, reported all 508 units in the building have problems. In addition, there are severe safety issues in the building. He noted he has mobility issues and must use the elevator; however, the elevator in the building is often deliberately shut down and disabled so no one can use it. Tyra-Lukens said this issue is new to the Council, and City staff will investigate these reports. IV. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 17, 2018 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 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. COMMENDATION AWARDS TO CIVILIAN RESPONDERS Police Chief DeMann shared the details of a two-vehicle traffic accident that occurred in difficult driving conditions on January 22, 2018, on Highway 5. Individuals in several other vehicles stopped to help the victims of the crash before emergency rescue arrived. He presented commendations to two individuals and letters of recognition to four others who helped the accident victims during the incident. Mayor Tyra-Lukens thanked the individuals for volunteering their help. B. HENNEPIN COUNTY COMMISSIONERS JAN CALLISON AND DEBBIE GOETTEL Hennepin County Commissioner Jan Callison gave an update on the general status of Hennepin County. She handed out the Hennepin County budget book to Council Members and reviewed the legislative priorities for the County in 2018, including bonding from the State for a regional medical examiners facility. She explained the CITY COUNCIL MINUTES April 17, 2018 Page 2 efforts the County makes for prevention and rehabilitation of victims of the opioid crisis. She said the County is looking at changing the ordinance to allow voluntary organics recycling. Hennepin County Commissioner Debbie Goettel reviewed the County's projects that will affect Eden Prairie: a provisional bridge replacement and pedestrian improvements on Eden Prairie Road; reconstruction of a portion of Flying Cloud Drive; and the closure of the Eden Prairie library for renovation. Tyra-Lukens expressed concern about the effect of the library's closure on those who order books online for pick-up and suggested the library use City space to help with pickups during the time of the closure. Commissioner Callison replied something similar occurred at the Ridgedale library so she would check into that. Nelson asked if there could be efforts made to relocate the library computers during the nine-month closure because those have very high use by residents. Commissioner Goettel said she was not sure there were any possibilities for that to happen, but it could be discussed with library staff Tyra-Lukens asked what efforts are being made to help the situation where the small recycling bins used in the City are full before the two-week pickup occurs, and what efforts are being made to encourage retailers to use less packaging. Callison replied packaging is more of a national issue, and it may be up to the individual haulers to provide larger recycling bins. Tyra-Lukens thanked them for the presentation and noted the message is the library is a really important community resource. C. ACCEPT DONATION FROM SCHOOL OF ROCK OF $1,000 FOR KIDSTOCK (Resolution NO. 2018-47) Getschow said we have received a donation of$1,000 from School of Rock for the KidStock event. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-47 accepting the donation from School of Rock of$1,000 for KidStock. Motion carried 5-0. D. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 28, 2018, as Arbor Day in the City of Eden Prairie. Lotthammer noted this is the 36th year that Eden Prairie has been recognized as a Tree City USA. He directed people to the City's website to learn about this year's Arbor Day event which will be bigger than ever. Tyra-Lukens asked if we will be giving away CITY COUNCIL MINUTES April 17, 2018 Page 3 trees again this year. Lotthammer said we will, and we will also have information available about the treatment of ash trees. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUS INESS Nelson added Item XIV.A.1. Tyra-Lukens added Item XIV.A.2 and A.3. Case added Item XIV.A.4. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2018 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, March 20, 2018, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2018 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 20, 2018. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHVIEW OF EDEN PRAIRIE by Southview Senior Communities. Second reading of Ordinance No. 5-2018-PUD-2-2018 for PUD District review with waivers on 2.58 Acres; Resolution 2018-48 for Site Plan review on 2.58 Acres; Development Agreement C. ADOPT RESOLUTION NO. 2018-49 FOR PURCHASE OF TAX FORFEITED PROPERTIES WITHIN EDEN PRAIRIE D. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR RILEY LAKE PARK PARKING LOT REHABILITATION E. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS FOR FOURTH OF JULY FIREWORKS AT ROUND LAKE PARK F. AUTHORIZE AGREEMENT WITH HTPO FOR STARING LAKE PARK COURT IMPROVEMENTS PROJECT CITY COUNCIL MINUTES April 17, 2018 Page 4 G. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES OF MILLER FIELD 11 RECONSTRUCTION H. AWARD CONTRACT TO MN ROADWAYS CO. FOR COURTS REHABILITATION AT HIDDEN PONDS PARK I. APPROVE 2017 UNBUDGETED FUND TRANSFERS J. ADOPT UPDATED CAPITAL ASSET POLICY K. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS L. APPROVE AGREEMENT WITH INSTITUTE COMMUNITY WORK CREW M. AUTHORIZE PURCHASE OF POWERBOSS ARMADILLO SWEEPER N. AUTHORIZE PURCHASE OF REPLACEMENT PLOW TRUCK AND DESIGNATE OLD CAB AND CHASSIS AS SURPLUS EQUIPMENT O. AWARD CONTRACT FOR 2018 MUDJACKING TO NORTHSTAR MUDJACKING& MORE P. AUTHORIZE PURCHASE OF ROAD SALT FOR 2018-2019 WINTER SEASON Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK FOR DUCK LAKE ROAD IMPROVEMENT PROJECT R. APPROVE AGREEMENT WITH WSB FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENT PROJECT S. AWARD CONTRACT TO OSSEO CONSTRUCTION CO. FOR RECONDITIONING OF HIDDEN PONDS WATER RESERVOIR T. APPROVE STANDARD AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY U. AMEND CONSERVATION EASEMENT OVER LOT 21, BLOCK 1 AT VILLAS AT MITCHELL LAKE V. ADOPT RESOLUTION NO. 2018-50 APPROVING OLYMPIC HILLS OPEN SPACE EASEMENT AGREEMENT AMENDMENT by Brian and Angela Dingels. CITY COUNCIL MINUTES April 17, 2018 Page 5 W. APPROVE COOPERATIVE AGREEMENT WITH DNR FOR WILDLAND FIRES X. AUTHORIZE EXECUTION OF REPRESENTATION AGREEMENT, REGARDING LITIGATION MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-X on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT—BREWERIES/DISTILLERIES First reading of an ordinance amending City Code Chapter 11, relating to Breweries/Distilleries/ Taprooms/Cocktail Rooms Getschow said the purpose of the proposed code amendment is to address breweries, distilleries, taprooms, and cocktail rooms. The definitions for those businesses are included within Chapter 4 pertaining to beer, wine and liquor licensing requirements. The same definitions are proposed to be added to Chapter 11 pertaining to land use regulations (zoning). The uses are also proposed to be included as permitted uses within the Commercial and Industrial zoning districts, and to establish parking requirements for the uses. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt first reading of the ordinance to amend City Code Section 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, and 11.30 to include a definition for brewer taproom, cocktail room, micro distillery, and small brewer, and to allow these uses as permitted uses in the Commercial and Industrial zoning districts, and to establish parking requirements for these uses. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, 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 A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 REGULATING SALES OF CATS AND DOGS AT PET STORES Getschow said the City was approached recently by the Humane Society of the United States to look into amending code regarding the regulation of sales of cats and dogs. The City Council directed staff to draft such an ordinance amendment. The City CITY COUNCIL MINUTES April 17, 2018 Page 6 Attorney and the Police Department worked together to develop the draft amendment. Police Sergeant Ronnie Henke reported staff researched an ordinance on regulating sales of cats and dogs in pet stores. He noted neither of the pet stores in Eden Prairie sells mass bred pets, and actually encourage adoption of Humane Society shelter animals. There is currently no ordinance regarding the sale of mass bred cats or dogs, so an amendment was drafted for that purpose. He noted the draft ordinance was reviewed by the managers of the pet stores. Tyra-Lukens commented even though we do not have any pet stores that sell mass bred pets, this is part of a larger issue to draw attention to the sale of such pets. Butcher Wickstrom thanked the national Humane Society for bringing this to our attention as well as the people who brought the issue to the Council. Eden Prairie is a very pet-friendly community. She thanked the two pet stores for their good business practices to not sell mass bred animals and to encourage adoption of rescued animals. She would like to recognize our businesses for taking on this business model. Case noted the ordinance does not prevent the sale of pets from private homes nor from the purchase of animals online. We want to join the movement to shut down the pipeline from puppy mills to pet stores to homes. MOTION: Case moved, seconded by Butcher Wickstrom, to approve first reading of the ordinance amending City Code Chapter 9, adding Section 9.75, relating to the regulation of sales of cats and dogs at pet stores. Motion carried 5-0. Tyra-Lukens thanked those who came to the last meeting to show their support and those who sent emails of support for the ordinance. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Coyotes—Council Member Nelson Nelson said the number of coyotes in the community is becoming a greater problem. She noted we deal with deer problems in the community, and she believed we should start looking at the size of the coyote population and determine whether we should control the numbers. She thought the problem will continue to grow. CITY COUNCIL MINUTES April 17, 2018 Page 7 Getschow said the Police Chief provided a report on the coyote situation in the summer of 2016. Staff can collect some data and come back with an update on trends and number of calls received. The Council could then discuss what to do about the situation. 2. Mayor's Water Challenge—Mayor Tyra-Lukens Tyra-Lukens reminded the audience that April is the Mayor's Water Challenge month. Residents can sign up online to take the pledge to work towards a more environmentally friendly world. The pledge includes energy and recycling as well as water use. There is also an opportunity to win a car for a non-profit group in our community. 3. Net Neutrality—Mayor Tyra-Lukens Tyra-Lukens said she has received many emails about net neutrality that asked her to sign a petition. Nelson said the issue can be discussed at the Southwest Cable Commission meeting. Tyra-Lukens suggested the commission draft a resolution regarding net neutrality for all the communities in that group. 4. Gun Violence—Council Member Case Case said the issue of community conversations regarding gun violence and gun control has been raised across the country after every shooting over the last several years. He suggested the City Council should lead the way in getting involved in those conversations. He noted City Attorney Rosow will give an overview of the Minnesota statutory limitations on local government this evening. Our options are limited from a legal standpoint; however, he suggested there are a couple of things the Council can do. We have a meeting scheduled with Scheels leadership to express concerns we have been hearing from the residents. He believed the Scheels store to be the only store in the metropolitan area attached to a major shopping mall that also sells assault-style weapons. He believed communities across the country need to look at doing something as a collective group. He noted there is a gun store near Menards that sells assault- style weapons, and it appears Gander Mountain is coming back into Eden Prairie. He suggested staff bring back some type of voluntary, non-binding resolution where we would take a stand and request stores within our borders that sell guns not to sell assault-style rifles and not to sell guns to anyone under 21 years of age. Nelson asked about sales of assault rifle ammunition. Case suggested staff could bring back options so the Council could prepare a non-binding resolution. The issue is complicated because there are many different styles of such weapons. He thought we should include hunting rifles that have the same impact as the Ar15 and the Ak47. It would be important for the Council to take a stand and would send a message this is an important concern to our community. CITY COUNCIL MINUTES April 17, 2018 Page 8 Butcher Wickstrom appreciated Council Member Case's bringing this up. It is very difficult for her to argue in terms of gun violence prevention if there is a facility that sells such rifles in the community. She noted we will have time to discuss this with Scheels because there maybe situations that exist of which we are not aware. Nelson was very much in favor of doing what we can legally. There have been too many children and others killed with high caliber weapons that are mostly military-style weapons. Tyra-Lukens said she also was in favor of Council Member Case's suggestion. She thought it may help the State legislature to realize this is important to many communities. Aho said he is a hunter and owns weapons but does not own an Ar15. He was not sure he wanted to go on record that we should limit people's right to what style weapon they can purchase. Once you start specifying a certain type of weapon, it is a slippery slope from there. He thought we should let our State and Federal legislatures manage these issues. If businesses want to choose not to sell assault-style weapons, that is their right, but he didn't think we have a right to push people. Case said this is a very complex issue; however, we already do not allow certain weapons such as grenade launchers. With the ongoing explosion in technology, he was concerned we need to put a guardrail around what type of weapons are included in the rights given in the Second Amendment even if we do that community by community. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Firearms Regulation City Attorney Rosow reviewed the wording of the Second Amendment to the U.S. Constitution, which provides the basis for his discussion. He then reviewed CITY COUNCIL MINUTES April 17, 2018 Page 9 the Minnesota State law where the legislature preempts all authority of home rule or statutory city to regulate firearms except a local governmental subdivision may regulate discharge of firearms and may adopt regulations identical to those of the State. He said there are exceptions in that the City may regulate by zoning the location of businesses where firearms are sold. Minnesota regulations require such businesses to hold a Federal firearms license and must have a transferee permit if assault-style weapons are sold. It is a crime to possess, own, or operate machine guns and short barrel shotguns. Rosow said Minnesota has outlawed the use of trigger activators; however, there is a debate as to whether that would include bump stocks. There is legislation pending to clarify that point. The discharge of firearms is allowed in lawful defense of person,property or family or by law enforcement personnel. The City requires individuals to obtain a permit to discharge a firearm, and there are regulations within the City regarding discharge of weapons for lawful defense. Permits may be granted for discharge in certain areas of the City. He noted the City's regulations defining the permitted areas have not been amended for some time and should be updated. The City can regulate the location of businesses where firearms are sold and may require a reasonable setback from certain uses. There are also security measures required for both small and large stores that deal with firearms. Rosow reviewed the case in 2013 where the City of Deerfield, Illinois,banned assault-style weapons. In 2013 the State of Illinois put in place similar regulation as Minnesota; however, they gave cities ten days after the adoption of the statute to adopt their own local regulation that would be grandfathered in. Deerfield adopted local regulations but did not address banning the sale of any type of assault-style weapons. In April 2018 Deerfield amended the ordinance to ban assault-style weapons, and they are now being challenged in court that the amendment should not be grandfathered in. Case commented the only potential action we might have going forward would be zoning, but any currently-zoned location would be grandfathered in. Rosow replied that was correct and noted existing uses can rebuild in the same location but cannot expand or move. Tyra-Lukens asked if staff would provide a draft resolution and zoning restrictions for the next meeting. Getschow replied they could bring a draft resolution to the next meeting, but the subject of distance requirements is currently being studied and would go to the Planning Commission first. Staff would look at different maps as Mr. Rosow suggested and would come back at a Council workshop in the next month or two. Case said he would like to speed the process because of the urgency of this issue. CITY COUNCIL MINUTES April 17, 2018 Page 10 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom,to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 8:11 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Breweries, VIILA. Janet Jeremiah/Angie Perera Distilleries, Taprooms, & Cocktail Rooms Requested Action Move to: • Approve the 2nd Reading of the Ordinance to Amend City Code Section 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, and 11.30 to include a definition for Brewer Taproom, Cocktail Room, Micro distillery, and Small Brewer, and to allow these uses as permitted uses in the Commercial and Industrial zoning districts, and to establish parking requirements for these uses. • Adopt Resolution Approving the Summary Ordinance and Ordering the publication of said summary. Synopsis This is the final approval of an ordinance relating to Breweries, Distilleries, Taprooms, & Cocktail Rooms. Attachments Ordinance Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, 11.30 AND RELATING TO BREWERIES, DISTILLERIES, TAPROOMS AND COCKTAIL ROOMS; 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 11.02 Definitions is hereby amended by: 1. Inserting a new definition for Brewer Taproom at item 10 as re-numbered as follows: "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (1), 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." 2. Inserting a new definition for Cocktail Room at item 15 as re-numbered as follows: "Cocktail Room" is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller." 3. Inserting a new definition for Microdistillery at item 51 as re-numbered as follows: "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap. 340A. 4. Inserting a new definition for Small Brewer at item 68 as re-numbered as follows: "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 2. Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item"e. COM, A-C": Brewer Taproom, 1/60 sq. ft. G.F.A. Cocktail Room Small Brewer, 1/1,000 sq. ft. G. F. A. Microdistillery Section 3. Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item"f. IND": Brewer Taproom, 1/60 sq. ft. G.F.A. Cocktail Room Small Brewer, 1/1,000 sq. ft. G.F.A. Cocktail Room Section 4. City Code Chapter 11, Section 11.25, Subd. 2, is amended by adding the following I . Small Brewer with Brewer Taproom J. Microdistillery with Cocktail Room Section 5. City Code Chapter 11, Section 11.26, Subd. 4. A. Development Standards: Transit Oriented Development—Mixed Use (TOD-MU) is amended adding the following to the Permitted Uses—TOD-MU District table,under"Commercial", "- Small Brewer with Brewer Taproom" and"- Microdistillery with Cocktail Room" as set forth below: Permitted Uses—TOD-MU District Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2. Drive-thrus are only allowed when the drive-thru lanes - Day care facility are internally located within the parking structure. - Small Brewer with Brewer Taproom Microdistillery with Cocktail Room 3. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq. ft. in area. - Business and professional offices - Day care facility Residential - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 6. City Code Chapter 11, Section 11.26, Subd , Subd. 4. A. Development Standards: Transit Oriented Development— Mixed Use (TOD-MU) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-MU District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)", "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)", "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)", "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-MU District Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Small Brewer,Microdistillery 1/1,000 sq.ft.G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq.ft.G.F.A. None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Section 7. City Code Chapter 11, Section 11.26, Subd, Subd. 4. C. Development Standards: Transit Oriented Development—Employment (TOD-E) is amended adding the following to the Permitted Uses—TOD-E District table under Permitted Uses "- Small Brewer with Brewer Taproom" and"- Microdistillery with Cocktail Room" as follows: Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall Small Brewer with Brewer Taproom not exceed 10,000 sq. ft. in area with the exception of Microdistillery with Cocktail Room grocery stores, which shall not exceed 25,000 sq. ft. in area. Office Business and professional offices 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. - Day care facility 4. Warehouse and Distribution shall be permitted in the Light Industrial Light Industrial district as an accessory use. Warehouse - Manufacturing and Distribution shall not exceed 15% of the Gross Floor - Research and design Area of a structure. - Wholesale - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 8. City Code Chapter 11, Section 11.26, Subd , Subd. 4. C. Development Standards: Transit Oriented Development — Employment (TOD-E) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-E District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)" "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)" "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)," "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-E District #of spaces #of spaces( Retail Stores & Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Small Brewer,Microdistillery 1/1,000 sq. ft. G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq. ft. G.F.A. None Others As determined by site plan review.A parking demand study may be required. Proof of parking may be included as part of a parking demand study. Section 9. City Code Chapter 11, Section 11.27, Subd. 5. Table 1: Permitted Uses in Town Center District (Permitted =P, Accessory =A) is amended under "Use", "Commercial" by adding "Small Brewer with Brewer Taproom' and Microdistillery with Cocktail Room" both as as "P" in the TC-MU and TC-C Districts as follows: Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Small Brewer with Brewer Taproom P P Microdistillery with Cocktail Room P P Section 10. City Code Chapter 11, Section 11.27, Subd. 10" is amended in Table 4: Off-Street Parking Space Standards for Town Center District by adding under the "Use", "Brewer Taproom, Cocktail Room", and by adding under "TC-MU and TC-C minimum # of spaces", "1/60 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None" and further amending under "Use" by adding "Small Brewer, Microdistillery", and under "TC- MU and TC-C minimum # of spaces", adding "1/1,000 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None", and under "TC-R minimum and maximum# of spaces", adding "N/A", as set forth below: Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (#of spaces) (#of spaces) (#of spaces) Minimu Maximum Minimum Maximum Minimum Maximum m Multiple- 1/d.u. 1/bedroom 1/d.u. 1.25/ N/A N/A Family bedroom Residential — Retail Stores 3/1,000 5/1,000 N/A N/A 4/1,000 6/1,000 &Services sq ft sq ft sq ft sq ft Restaurant _ 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1/2 seats _ Office 3/1,000 4/1,000 N/A N/A 4/1,000 sf 5/1,000 sq ft sq ft sq ft Hotel N/A N/A N/A N/A 1/guest room +1/employee Brewer 1/60 sq. None N/A N/A 1/60 sq.ft. None Taproom, ft.G.F.A. G.F.A. Cocktail Room Small Brewer, 1/1,000 None N/A N/A 1/1,000 sq.ft. None Microdistillery sq.ft. G.F.A. G.F.A. Others As determined by site plan review. Section 11. City Code Chapter 11, Section 11.28, Subd. 2 Permitted Uses in Airport — Commercial District the following: E. Small Brewer with Brewer Taproom F. Microdistillery with Cocktail Room Section 12. City Code Chapter 11, Section 11.30, Subd. 2 Permitted Uses in I Industrial Districts is amended by adding the following: K. Small Brewer L. Small Brewer with Brewer Taproom M. Microdistillery N. Microdistillery with Cocktail Room Section 13. 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 14. 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 17th day of April, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the lst day of May, 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1st day of May, 2018. 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. _-2018 is lengthy. B. The text of summary of Ordinance No. _-2018, 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 _-2018 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 May 1, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, 11.30 AND RELATING TO BREWERIES, DISTILLERIES, TAPROOMS AND COCKTAIL ROOMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends Chapter 11 relating to Breweries, Distilleries, Taprooms, and Cocktail Rooms. 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 , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police—James DeMann Second Reading of Ordinance Amending City Code Chapter 9, Adding Section 9.75, Relating to VIII.B. the regulation of sales of cats and dogs at pet stores and adopting by reference City Code Chapter 1 and sections 9.99, which, among other things contain penalty provisions. Requested Action Move to: Approve Second Reading of Ordinance Amending City Code Chapter 9, Adding Section 9.75, Relating to the regulation of sales of cats and dogs at pet stores and adopting by reference City Code Chapter 1 and sections 9.99, which, among other things contain penalty provisions. Synopsis At the April 17, 2018 Council meeting, the Council approved first reading of the ordinance, which requires pet stores to sell pets not obtained from mass breeding facilities and to adopt reasonable regulations to help prevent inhumane breeding conditions,promote community awareness of animal welfare, and foster a more human environment in the City. Definitions have been added to the Ordinance since the First Reading. Background Information The ordinance amends City Code Chapter 9, adding Section 9.75, relating to the regulation of sales of cats and dogs at pet stores and adopting by reference City Code Chapter 1 and sections 9.99, which, among other things contain penalty provisions. Research has found that a significant number of puppies and kittens sold at pet stores come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for. Current Federal and State regulations do not properly address the sale of dogs and cat in pet stores. It has been found that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the City. Attachments Ordinance Summary Ordinance and Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.75 RELATING TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 is amended by adding Section 9.75 to read as follows: Section 9.75. Regulation of Pet Stores Subd. 1. Policy A. The City Council finds that a significant number of puppies and kittens sold at pet stores, come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for; and B. The City Council finds that the documented abuses endemic to mass breeding facilities include over-breeding;inbreeding;minimal to no-existent veterinary care;lack of adequate and nutritious food,water and shelter; lack of socialization; lack of adequate space; lack of adequate exercise; no or limited screening of genetic diseases; inadequate transportation and shipping protocols of puppies and kittens;and indiscriminate disposal of breeding dogs and cats who have reached the end of their profitable breeding cycle; and C. The City Council finds that inhumane conditions in mass breeding facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet stores due to both a lack of education on the issue and misleading tactics of pet stores in some cases.These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and D. The City Council finds that current Federal and State regulations do not properly address the sale of dogs and cats in pet stores, while the City of Eden Prairie does not possess adequate resources to safeguard the health and well-being of dogs and cats at the point of sale; and E. The City Council finds that due in large part to pet overpopulation,numerous dogs and cats are euthanized.Restricting the retail sale of puppies and kittens is likely to increase demand from animal shelters and rescue organizations; and F. The City Council finds that across the country,thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not the sale of commercially bred dogs or cats. Many of these stores collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and G. The City Council finds that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions,promote community awareness of animal welfare, and foster a more humane environment in the City. H. The City Council finds that this Section 9.75 will not adversely impact consumers' ability to obtain a dog or cat of their choice directly from an animal shelter, or breed-specific rescue organization, or from a breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the breeder concerning those conditions; and I. The City Council finds that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions,promote community awareness of animal welfare, and foster a more human environment in the City. J. The City Council finds that in accordance with the power granted to it by Minnesota Statutes Section 412.221, Subd. 21 to regulate the keeping of animals, and to protect the health, safety, and welfare of the community, the City Council it is appropriate to adopt the regulations set forth below regarding the sale of dogs and cats at pet stores. Subd. 2. Definitions. Except where the term is expressly defined by other provisions or sections within this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: A. ANIMAL CONTROL AUTHORITY: Any governmental entity which is responsible for animal control operations in its jurisdiction. B. ANIMAL RESCUE ORGANIZATION: Any not-for-profit organization which has tax- exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue of animals and the placement of those animals in permanent homes, and which does not breed animals. C. ANIMAL SHELTER: Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, which(1) accepts animals into a physical facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted or surrendered animals; (3)places animals in permanent homes or with animal rescue organizations; and(4) does not breed animals. D. CAT: A mammal that is wholly or in part the species Felis domesticus. E. CERTIFICATE OF SOURCE: A document from an animal control authority, animal rescue organization, or animal shelter which shall provide a brief description of the dog or cat, and shall list the name, address, and telephone number of the source (animal control authority, animal rescue organization, or animal shelter) of the dog or cat. F. DOG: A mammal that is wholly or in part of the species Canis familiaris. G. PET STORE: Any retail establishment, or operator thereof, which displays, sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers companion animals in the City of Eden Prairie. This definition does not apply to animal control authorities, animal shelters, or animal rescue organizations. H. PET STORE OPERATOR: A person or business entity who owns or operates a pet store. Subd. 3. Prohibition on Sales A. No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. B. Nothing in this Section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space for such entities to showcase adoptable dogs and cats inside pet stores. Such animals shall not be younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept overnight at a pet store. Subd. 4. Certificate of Source A. A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog's or cat's kennel, cage, or enclosure. B. A Certificate of Source shall be provided to the adopter of any dog or cat. C. Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store. D. Pet Stores shall make Certificates of Source immediately available for review upon the request of a peace officer or animal control authority, or a humane agent pursuant to Minnesota Statutes section 343.06 acting on behalf of the City. Subd. 5. Inspection A. Upon prior notice to the owner or occupant of a pet store, a City employee is authorized hereby to inspect the pet store for the purpose of ensuring compliance with this Section. Subd. 6. Violation It shall be deemed a violation of this Section for any person to: A. Falsify a Certificate of Source. B. Resist, impede or hinder a City employee in the performance of his or her duties in inspecting any pet store. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 7-2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1st day of May, 2018. 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. 7-2018 is lengthy. B. The text of summary of Ordinance 7-2018, 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 7-2018 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 May 1, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 7-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.75 RELATING TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The following is only a summary of Ordinance No. 7-2018. 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 City Code Section 9.75 prohibiting a pet store from selling, delivering, offering for sale, bartering, auctioning, giving away, or otherwise transferring or disposing of cats or dogs, except for transaction collaborating with animal shelters, rescue organizations and control authorities for adoption purposes. The Ordinance requires a pet store to post a Certificate of Source with respect to every cat and dog in the store premises. The Ordinance declares certain actions as violation and incorporates, by reference, City Code Chapter 1 and City Code Section 9.99, 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 , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) Final published Roseville pet store ordinance http://www.cityofroseville.com/DocumentCenter/View/23599 CHAPTER 501 ANIMAL CONTROL SECTION: 501.01: Definitions 501.02: Confinement of Animals 501.03: Certain Animals Declared Nuisance 501.04: Complaints 501.05:Animals Forbidden Motels-Repealed 501.06: License Required 501.07: Issuance of Tags 501.08:Affixing Tags 501.09: Records 501.10: Impounding 501.11: Redemption 501.12: Permissible Return of Unrestrained Animal 501.13: Disposition of Unclaimed Dogs or Cats 501.14: Impoundment Establishment 501.15: Muzzling 501.16: Dangerous Animals 501.17:Attack by an Animal 501.18:Summary Destruction of Certain Animals 501.19: Kennels 501.20:Special Multiple Dog Licenses-Repealed 501.21: Riding Horses 501.22:Cleanup 501.23:Wild Animals 501.24:Owner Obligation for Proper Care 501.25: Pet Stores 501.26: Enforcements 501.25: PET STORES: The City Council finds that a significant number of puppies and kittens sold at pet stores come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for;and The City Council finds that the documented abuses endemic to mass breeding facilities include over- breeding;inbreeding;minimal to no-existent veterinary care;lack of adequate and nutritious food, water and shelter;lack of socialization;lack of adequate space;lack of adequate exercise;no or limited screening of genetic diseases;inadequate transportation and shipping protocols of puppies and kittens; and indiscriminate disposal of breeding dogs and cats who have reached the end of their profitable breeding cycle;and The City Council finds that inhumane conditions in mass breeding facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet stores due to both a lack of education on the issue and misleading tactics of pet stores in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and The City Council finds that current Federal and State regulations do not properly address the sale of dogs and cats in pet stores, while the City of Roseville does not possess adequate resources to safeguard the health and well being of dogs and cats at the point of sale;and The City Council finds that due in large part to pet overpopulation, numerous dogs and cats are euthanized. Restricting the retail sale of puppies and kittens is likely to increase demand from animal shelters and rescue organizations;and The City Council finds that across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not the sale of commercially bred dogs or cats. Many of these stores collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises;and The City Council finds that this Ordinance will not adversely impact consumers'ability to obtain a dog or cat of their choice directly from an animal shelter, or breed-specific rescue organization, or from a breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the breeder concerning those conditions;and The City Council finds that it is in the best interest of the City of Roseville to adopt reasonable regulations to help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more human environment in the City. A. No pet store shall sell, deliver, offer for sale, barter, auction,give away, or otherwise transfer or dispose of cats or dogs. B. Nothing in this section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space for such entities to showcase adoptable dogs and cats inside pet stores.Such animals shall not be younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept overnight at a pet store. C.A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog's or cat's kennel,cage, or enclosure. 1.A Certificate of Source shall be provided to the adopter of any dog or cat. 2. Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store. 3. Pet Stores shall make Certificates of Source immediately available for review upon the request of a peace,officer or animal control authority,or a humane agent pursuant to Minnesota Statutes section 343.06 acting on behalf of the City. 4. Falsification of a Certificate of Source shall be deemed a violation of this section. D.A violation of this section shall constitute an Administrative Offense under Section 102.01.0 of City Code and subject the Pet Store Operator to the procedures and penalties contained therin. (Ord. 1519 03-13-17) 501.26: ENFORCEMENT: Any community service officer, reserve officer or police officer may enter upon private land where there is reasonable cause to believe this Chapter is being violated. (Ord. 1078, 6-25-1990) (Ord.1355, 11-19- 2007) (Ord. 1453, 10-21-2013) pf f a Humane Pet Store Ordinance The need: Enact a humane pet store ordinance to put safeguards in place that protect animal welfare and consumers and that reflect community values. What is needed: A pet store ordinance that prohibits pet stores from selling dogs and cats acquired from mass breeding facilities while allowing the stores to host adoption events with animal shelters and rescues. Why it is needed:There is a well-documented and indisputable link between puppy and kitten mills and pet stores. Currently many Minnesota cities' pet.stores do not sell dogs and cats from commercial breeding facilities but there is often nothing in local ordinances to prevent it. By passing a humane pet store ordinance that prohibits the sale of dogs and cats from commercial breeding facilities while allowing the stores to host adoption events with animal shelters and rescues, cities will: • protect animals from neglect and cruelty — in pet stores and in mass breeding facilities where dogs and cats are acquired; • protect consumers from economic and emotional harm when a sickly animal is purchased or when they unknowingly support a cruel industry; • encourage the public to adopt homeless animals or seek out reputable breeders who take excellent care of their dogs and cats; and • uphold the values of residents and promote your city as a humane community. How it works:This ordinance allows pet stores to sell quality products and services and host pet adoption events at their store in conjunction with area shelters and rescues.These adoption events not only help decrease pet overpopulation and homelessness,they also encourage those who adopt to purchase the products and services they need from the pet store.The model does not impose a costly regulatory burden on the city and is business- friendly. If there are currently no pet stores in the city selling dogs and cats, an updated ordinance will prevent stores with this inhumane model from moving in. In addition to ° safeguards for animals and consumers,the ordinance offers an opportunity to avoid unfortunate public backlash and negative media attention other Minnesota cities that allow the pet store sale of dogs and cats from commercial breeding facilities have weathered when sick or dying puppies or kittens are purchased at pet stores. k{k BACKGROUND AND CONTEXT Multiple cities throughout the nation have recognized the need to address the problem of selling dogs and cats through pet stores that have been obtained from puppy and kitten mills. Pet shop ordinances have been passed in over 240 localities across the U.S., including Roseville, MN, Los Angeles, Chicago, and Boston. Puppy and kitten mills: Puppy and kitten mills are inhumane commercial breeding facilities that disregard the health and well-being of the animals to maintain a low overhead and increase profits.The focus of such facilities is the mass production of animals for re-sale to pet stores. Pet stores buy from both licensed and unlicensed pet breeders and brokers. Federal licensing does not ensure healthy and safe conditions for the animals. USDA requirements are known as "survival standards," allowing dogs to be kept in cramped,stacked, wire cages for their entire lives, often in extreme temperatures, denied basic veterinary care, and bred continuously. Mass breeding-pet store link:There is a well-documented and indisputable link between puppy and _ _ kitten milk (mass breeding facilities) and pet stores. Puppy and kitten mills thrive on pet store sales because pet stores,as the distribution outlet, allow cruelty to remain hidden from the public. Investigations consistently reveal that pet stores mislead consumers by claiming they obtain puppies from small-scale humane breeders. In reality that option does not exist, because responsible breeders do not sell to pet stores.A review of the Codes of Ethics for the National Breed Clubs representing all 178 dog breeds recognized by the American Kennel Club found that 96%of those National Clubs include statements that their breeders should not and/or do not sell to pet stores. Sick and behaviorally challenged puppies: Not only are pet store consumers unknowingly supporting puppy and kitten mills,they often end up dealing with the financial and emotional burden of having a sick or difficult pet. Pet store puppies are often sick because they are born into deplorable conditions, taken from their mothers very early, exposed to a wide range of diseases, and are susceptible to genetic disorders. In addition, a study from the Journal of Veterinary Medicine concluded that puppies should not be obtained from pet stores because dogs are more likely to exhibit many undesirable behavioral characteristics, including aggression and biting. Humane model: An alternative humane model has been adopted by numerous pet stores in Minnesota and throughout the nation, where, instead of acquiring and selling dogs and cats obtained from puppy and kitten mills,the pet store hosts adoption events by working with local animal rescues and shelters. These events help decrease pet overpopulation and homelessness, and encourage those who adopt to use the products and services offered at the store. Pet stores that convert to such a model have proven success as well as a better reputation in the community. For instance, PetSmart and Petco both host dog and cat adoption events at their store and they are the two most successful pet store chains in the country.There is a great community of shelters, rescues, and responsible breeders in Minnesota, providing numerous options for a consumer to obtain the dog or cat of his or her choice. �f { 1' Har Mar Pet Store Closes JANUARY 6TH, 2018 PHASE DO NOT s . .. SAP ON '►' E GLASS. . . 1I. -..,.IE -- PPM le* - ro •AC _ r z-ry y� The Har Mar Pet Store in Roseville has finally closed after years cf complaints about the conditiors for animals inthe sore. Last spring, the Roseville city council banned the sale of dogs and cats in pet stores from la rg✓ commercial breeders puppy and kiten mills)from whom the store bought many of their animals. Thanks b everyone who attended ARC protests at the Har Mar Mall, where be pet store vas located, and contacted their council rrembers about the proposed ban. You made a difference by helpirg In bring the issw of pet stores selling animals from puppy and kiten Trills tothe public's attention. See the Fox 9 news story about the Roseville ban, which showed footage from an ARC demonstration atHarMar Mall. Kudos to HSUS and Animal Folksfor their great work of the Roseville ban on the sale of dogs and cats in pet stores. Photo shows puppies that were for sale at the Har Mar stare. Sick dogs, hamsters missing eyes, and a decomposing hedgehog at Har Mar Pet J City Pag... Page 1 of 3 Attachment A Sick dogs, hamsters missing eyes, and a decomposing hedgehog at Har Mar Pet Tuesday,June 7,2016 by Cory Zurowski In News This cage shared by a handful of kittens is probably the most spacious accommodations at Har Mar Pet Store. Puppy-dog eyes and customer-service smiles prettify Har Mar Pet Store (http://h a rm a rpets.comA in Roseville on a weekday June evening.Among the dozens of furry residents for sale currently are$249 kittens,$60 rabbits,and$1,400 Pomeranian pups. The store belongs to Gerald Papineau. • http://www.citypages.com/news/sick-dogs-hamsters-missing-eyes-and-a-decomposing-hedgehog-at-h... Roseville bans dog, cat sales at pet stores; first Minn. city to do so - StarTribune.com Page 1 of 2 EAST METRO s�vill� ins s116 if tugs Ind '��ts �t 6t surfs Roseville takes lead in Minnesota,voting to forbid the sale of dogs and cats at pet stores. By David Peterson(http://www.startribune,com/david-peterson/10645651/)Star Tribune - MARCH 14,2017—11:21PM '.. In a unanimous decision hailed by animal welfare activists,Roseville has become the first city in the state to forbid the sale of dogs and cats at pet stores. The City Council acted late Monday after months of hearings and debate,provoked by news reports on the findings of a federal inspection of the Har Mar Pet Shop. Gary Papineau,the store's owner,said Tuesday:"I'm very disappointed by this decision." But Christine Coughlin,Minnesota state director for the Humane Society of the United States,was thrilled. "The community really came together around this issue,"she said."We are grateful to the Roseville City Council members for their compassion and for taking a stand against the pet store sale of dogs and cats from puppy and kitten mills." Citizens testified Monday night that the action was needed to protect consumers from unknowingly purchasing troubled animals reared in poor conditions. But owners of pet stores elsewhere in the metro area have expressed concem that *. ( _ ( 7IllI' Roseville is setting a precedent that other cities will follow. "t w Y a " • "I would ask that you not ban the sale of pets,"Kristin Smith,owner of Four Paws and a I Tail in Blaine,told the Roseville council Monday night."Maybe work on the problem you are having with the store,without affecting other stores in the state that are doing a good job." t II I Ij 11 Smith urged the council to look to ordinances in Bloomington and Shakopee for j, i guidance.But Roseville Mayor Dan Roe called that a"regulatory model that we feel we 1 I `1(I I) Y � rY � ) ,�,„- )11,l1 es/�s_148954494374349.jpg) can't undertake,"given the cost and complexities. (s .TRIBUNE "I am hearing universal support expressed by folks I've talked to from a variety of ate Vo an.Mari Gavino held oneof the dogs different backgrounds,"Roe said. for sale at Har Mar Pet Shop in Roseville. Sarah Johnson of St.Paul,who went shopping Tuesday for a pet at the Har Mar store, said she forced her boyfriend to go with her and fell in love with an adorable French bulldog.He cost a bit too much. (http://stmedia.stimg.co/o8- 1003434532+06PET03152017.JPG?w=2000) "Every time I go to the store the employees are nice and good to animals,"she said,"but GLEN STUBBE-STAR TRIBUNE I do feel they need more space."As for Roseville's new prohibition,she said that"overall n Gallery:Nate Vo and Mari Gavino held some: it's a good thing.When so many animals need adoptions,why are we breeding more?I of the dogs for sale at Roseville Pet Store in just feel for the animals here right now.They need good homes." the HarMar Mall. A humane model Council Member Bob Willmus told colleagues at Monday's meeting that he had heard from"literally dozens and dozens of Roseville residents,"and felt that"adoption is the more humane model." Some on the council agreed with Council Member Tammy McGehee,who said the biggest problem with the new law was that"it falls short of providing protection to other animals in the system.Birds are highly social and are taken out of the wild and put into these situations.We should ensure that every animal in commercial channels in Roseville has adequate space,food,care,socialization,ventilation...." One option for the Har Mar store is to follow the example of other stores in helping customers buy rescue animals.Papineau said he hadn't decided what to do next."I haven't gotten that far.It's a possibility,"he said. The Har Mar store owner asserted last year that he was unfairly maligned by sensationalized accounts of what a government inspector found there early in 2016.Talk of a"dead baby hedgehog rotting in a cage,"he said,referred to a dime-sized offspring missed in a cleanup after an animal abandoned her litter. But council members said complaints about the store stretched further back than just last year. http://www.startribune.com/ro Seville-b eco mes-first-minnes ota-city-to-b an-do g-and-cat-sales-at-pet-stores... 2/27/2018 Roseville bans dog, cat sales at pet stores; first Minn. city to do so - StarTribune.com Page 2 of 2 "The humane model of pet stores working with shelters and rescues to offer animals for adoption is a proven one,both locally and nationally,"said Coughlin of the Humane Society."It's exciting to see Roseville join over 200 other jurisdictions[across the nation] that have enacted similar policies." dapeterson@startribune.com 651-925-5039 http://www.startribune.com/roseville-becomes-first-minnesota-city-to-ban-dog-and-cat-sales-at-pet-stores... 2/27/2018 A Humane Nation �6rchh�5di�cais r **, yr r *1 THE HUMANE SOCIETY Wayne Pacelie s Blog OF PIE UNITED SSATFS 1UIUU 4 r * I 1� . • , \ fl . \ mar% . , %. i ..t ,.., , , • ... .. AM 1 lag , 1: 1401111P' . . iitsiii .,,1%,./ , ,', 4 + +7. 1 1 • )44 '.... 7%. 4... There were big dogs who had spent countless hours in cages.There was no sign of drinking water,just remains of raw chicken parts strewn around the dogs. Photo by Meredith Lee/The HSUS Breaking news:The HSUS intervenes to stop outsized cruelty at a puppy mill in New Hampshire June 17,2017 150 Comments By Wayne Pacelle Yesterday, The HSUS assisted the Wolfeboro Police Department with a puppy mill intervention not on a farm in Arkansas or a shack in North Carolina (two states where we've done major actions to help dogs), but rather in a mansion in northern New England. It is one of the most unexpected puppy mill operations our Animal Rescue Team has helped uncover—with 84 Great Danes caged inside a cavernous home where they should have been treated like canine kings and queens. The mansion looked stately and opulent from the outside, but when our team entered the dwelling, they discovered something totally at odds with the elegant facade. They told me that the first thing that hit them was an overpowering rancid and putrid smell, with ammonia levels so high in some rooms that the rescuers' eyes teared up. There were feces and debris smeared across all the walls to the point where the windows were opaque. There were big dogs who had spent countless hours in cages. There was no sign of available water,just some remains of raw chicken parts strewn around the dogs. When we think of puppy mills, we think of small breeds, such as Yorkshire terriers, French bulldogs, or Bichon Frises. Here we had one of the biggest of dog breeds, with their big paws, droopy faces, and friendly manner. But time and lack of care had changed some of their features. Some animals were underweight and looked sad or broken. Their paws were especially large, even for Great Danes, and appeared to be infected. Others had irritated eyes, made bright red or swollen shut like human boxers that had taken too many hits in a long fight. Our team members said they are as large as ponies. One five-foot-tall rescuer said she stood eye to eye with some of the dogs. . y— 40110 tiL • 110 • I • g 0 f , Some animals looked sad or broken.Others had irritated eyes,made bright red or swollen shut like human boxers that had taken too many hits in a long fight.Photo by Meredith Lee/The HSUS We took these beleaguered animals to a temporary shelter, where we will continue to work on healing their medical conditions and mending their spirits—so they know what it means to truly be loved. Yesterday brought mercy to these dogs, who've now found a pathway away from misery. But as I've said many times, we cannot rescue our way out of the puppy mill problem. The HSUS is addressing this problem on multiple fronts, but we need policymakers to crack down on the cruelty. We have to adopt federal and state policies that prevent situations from deteriorating to this point, where we can intervene only when the situation is so severe that a puppy mill case becomes a crime scene and a case of animal cruelty. Lawmakers in New Hampshire need to fortify the state's weak laws on commercial breeding. Under current law, breeders in New Hampshire are required only to be licensed by the state Department of Agriculture if there are 50 puppies sold in one year. That is a high bar, exempting other high-volume breeders who should be covered by the law. And it's difficult to enforce, with breeders who sell, or claim to sell, fewer puppies able to skirt the law and operate in a deregulated environment. What's more, New Hampshire lawmakers are considering a proposal right now to water down the state's mandatory inspections for all pet licensees, like shelters, pet stores, and commercial breeders. If that attempt succeeds, the mandatory inspections will be replaced by a voluntary, complaint-based system, making it even harder for abusers to be held accountable. • • • 11 r Trih union,s' i4 • •_11111114 - 1 • Our team told me that the first thing that hit them when they entered the mansion was an overpowering rancid and putrid smell,with ammonia levels so high in some rooms that the rescuers'eyes teared up.Photo by Meredith Lee/The HSUS This case, like so many others where we've come to the aid of animals in distress, will place substantial financial burdens on The HSUS and our partners. Thanks to our members and other supporters, we'll cover costs for sheltering and daily care and veterinary care for the animals, as well as the costs of running the temporary shelter for many months. But why should animal welfare groups and taxpayers bear these financial burdens instead of the people who mistreated the animals? And why is the law so weak that no regulatory authority comes in at an earlier stage to provide a course correction? New Hampshire does not have a "cost of animal care" law, as many other states do, that would require defendants who have been charged with animal cruelty based on probable cause to pay for animal care costs while the case is being adjudicated. Since completing each legal proceeding can take months or even years, it is the animal protection movement that has to shoulder the costs of care. Twenty states, including Massachusetts and Maine, have such laws, and New Hampshire should, too. We hope that the images of the animals in distress shake up and wake up authorities. These circumstances are preventable, and law enforcement and The HSUS shouldn't have to ride to the rescue after animals have had to endure this kind of human neglect and trauma. We can't rely on Scooby-Doo and his cohorts to solve these problems. This one is up to the people of New Hampshire and their elected officials to address. Help rescue animals in need » Breaking News: More than 80 Great Danes Rescued from Cruelty Ih1i Zio ig The Dog Factory: Inside the Sickening World of Puppy Mills An investigation into the underworld of America's overcrowded dog farms, the secret shame of the pet industry / _// . • i : I. ,a' . . He ' mot` - 0. As of 2/15/20 the Te 'tii.rr.k. 1, `'� 1 -\ revised.To re w the►� 9•tdf Use cNet, , :.• Policy click H: ,i .r.440.41it9''' must discontinue using -o ing tone.com an. all services arm iearures t'erein. Every year,tens of thousands of dogs are born into the filthy conditions in unregulated puppy mills nationwide.Amiee Stubbs By Paul Solotaroff January 3,2017 The house on Hilton Lake Road was unremarkable,a brick one-story with an under-watered lawn and a scrimshaw of patchy shrubs. It was flanked by bigger and smarter homes on a two-lane strip in Cabarrus County, 25 miles north of Charlotte,North Carolina,but nothing about it suggested to passersby that inconceivable cruelty lived at this address. It wasn't till we opened the side-yard entrance that the horror inside announced itself.A stench of complex poisons pushed out:cat piss and dog shit and mold and bleach commingled into a cloud of raw ammonia that singed the hair in our nostrils. Twenty of us-blue-shirted staffers from the Humane Society of the United States (HSUS); several members of their forensic camera crew;the sheriff of Cabarrus County and his deputies;and a contingent of veterinarians from a local animal hospital-tiptoed around the filth underfoot into a house caked in pet fur and waste. Damp laundry draped across every flat surface;the floor was a maze of cat crates and garbage. From somewhere in the house,we heard the howling of dogs,but they weren't in the bedrooms or the tumbledown john or the kitchen piled high with dishes. RELATED Becoming a Dog: What Happens After the $- Puppy Mill? Rescue is just the first step to recovery for animals born into overcrowded dog farms Then we found the door that led to the basement. Down there,dozens of puppies in dust-cloaked cages stood on their hind legs and bawled. There were Yorkies and poodles and Maltese mixes,but their fur was so matted and excrement-mottled it was hard to tell which from which. Bred for profit, most of them would have been sold in pet stores or on websites by their third or fourth month of life. HSUS staffers had gathered evidence that the breeder,Patricia Yates,was selling puppies on multiple websites without a license,and had a stack of buyer complaints lodged against her. But it took a tip from an anonymous source to alert the Sheriff's office to the scale of Yates's operation. "We'd been out there before,but had no idea it was this severe,"says Lt. David Taylor,an animal-control cop who helped launch the investqpiron. Obtaining an arrest warrant was the least of it,though.When you bust an illegal kennel, you're suddenly swamped with sick dogs,often double what had been reported. It took Taylor a month to coordinate with HSUS-the rare non- profit with the money and equipment to house and treat puppy-mill rescues- before launching the raid on Yates's kennel. Watch footage from inside Patricia Yates'illegal kennel. Back up the stairs,we followed more barking to a porch bricked in by the owner. It was pitch-black inside,and the smell was a hammer. Here were the parent dogs in desperate shape:blinded by cataracts and corneal ulcers;their jaws half-gone or missing entirely after their teeth had rotted away. Some were so feeble they couldn't stand erect;their paws were urine-scalded and their wrists were deformed from squatting on wire their entire lives. Out the back door and up a dirt trail,the worst was yet to come.A cinder- block kennel,hidden from the street,housed the bulk of this puppy-mill stock:5o or 6o more parent dogs who'd likely never seen sunlight or spent a day outside this toxic room. They wept and bayed and spun in crazed circles as we toured the maze of cages. Some went limp as the rescuers knelt to scoop them. Each was photographed,then carried downhill to the giant rig at the curb.There,teams of vets from the Cabarrus Animal Hospital worked briskly to assess each rescue. Once triaged and tagged,they were loaded into crates on the Humane Society's mammoth truck,an 8o-foot land-ship with clean-room conditions,and taken to a staging shelter. One hundred and five dogs came out of that house,many of them pregnant or in heat. I turned to John Goodwin,the director of the puppy-mills campaign for HSUS,and asked him how many puppies sold in this country-at Petland and Citipups and a thousand other pet stores -come from puppy mills as dire as this one. "Most every pup sold in stores in America comes from this kind of suffering- or worse,"he insists."If you buy a puppy from a pet store,this is what you're paying for and nothing else:a dog raised in puppy-mill evil."The American Society for the Prevention of Cruelty to Animals posts a database of pet shops for consumers to check before they buy. Input any ZIP code and you'll see the list of stores that sell pups rather than offer them for adoption. That vastly ups the chances that the dogs are from mills,not from reputable breeders.Another click shows you ghastly shots of the mills those stores buy dogs from. Those pictures weren't taken by animal-rights zealots,but by United States Department of Agriculture agents who inspect breeding kennels. Pet stores usually buy their dogs from federally licensed breeders, meaning kennels with five or more breeding females that breed a lot of pups. "Puppy mills house breeding dogs in small,wire-floored cages, separate puppies from their mothers at a very young age,and ship them hundreds of miles to pet stores around the country,"says Matt Bershadker,president and CEO of the ASPCA. (Both Petland and Citipups deny they sell mill dogs,but reams of evidence and buyer complaints collected by HSUS argue otherwise.) Yates was arrested and charged with animal cruelty. (Twelve counts were filed against her; a hearing is scheduled for February.)Yates was outraged; I heard her exclaim that"these dogs are the love of my life!"That evening,I caught up with Sara Varsa,the senior director of operations for animal rescue at HSUS.Varsa, a veteran of 5o animal-welfare raids,was quarterbacking the care of those hundred-plus dogs at a temporary shelter in a warehouse.When told what Yates had said,Varsa pointed to two poodles,both of them desperately underfed. Delicately, she lifted the male from the crate and put him,trembling,in my arms. He was blind in both eyes and had thumb-size infections where his molars used to be."Is this how you treat the dogs you love?"said Varsa."Is this how you raise your beautiful babies?" (x F As of 2/15/20 the Terms of Use a --. .-1.-f-, .,•.-- •-- •;,have been revised.To re vised Term- 1 '.•11ok 1..,i ',-,,.. - '" . —.ii. ,evised P vac GOT I Policy click H; '= -e . I S-I .. 01,'I must disconti ;R'' Il�t1.L��`��4� i.;. IE�.■��.:c1 111 •. ' At jr fair • .. E - . , . � ci EEfEE 1l p I s :t k E'1"iiiII I I I • d9 � �� Dogs were found in small cages during the raid on Patricia Yates'puppy mill in Cabarrus County,North Carolina. Meredith Lee LJ X • • • Since dogs first crossed the Siberian land bridge and set foot in human encampments in North America,they have been much more than pets and companions to us -they made life tenable in this primal place. They chased off wolves and bears while we slept,caught and retrieved the game we ate, and dined on the garbage we left behind. Over the course of io millennia,a bond was forged between species that hunkered together for survival. (Early tribes survived subzero cold by sleeping beneath their dogs -hence the term "three-dog night.") It took most of those millennia to truly domesticate dogs -they lived largely outdoors till the 197os,in those quaint addenda called doghouses. Once inside the door,though,they were in for good,to be loved and spoiled like toddlers. The number of pet dogs in America boomed between 197o and today,tripling to almost 8o million. Pet-shop commerce boomed in tandem,from practically nothing in the Fifties to nearly$65 billion in 2015.Where once you adopted your pup from the neighbors,now there is a Furry Paws down the block with dozens of designer puppies in the window. Of course,in America,we industrialize anything that turns a profit. Beginning in the 195os, struggling pig and poultry farmers began breeding puppies for extra income."It was a cheap and easy fix:You just converted your coops into indoor-outdoor kennels,"says Bob Baker,the executive director of the Missouri Alliance for Animal Legislation. Baker,an animal activist for 40 years and a walking encyclopedia on the commercial dog business-he's been a senior investigator for the ASPCA and the HSUS-watched the trade evolve from a mom-and-pop sideline into a multinational behemoth. "Pups cost nothing to raise,you'd sell them for$5o a head in town, and every five months you had a whole new litter-then dozens,as the puppies began breeding,"he says.What followed was a 4o-year explosion of puppy mills, which are defined by HSUS as commercial kennels where profit counts more than the dogs'well-being. There are,by HSUS's estimate, about io,000 puppy mills in America,though the organization concedes that no one knows the real number: It's an industry born and raised in shadows.The USDA only licenses a fraction of all kennels,about 2,500 of various sizes,which can range from five adult breed dogs to more than a thousand. States also license and inspect kennels, accounting for another 2,50o breed sites that aren't registered with the feds, says Kathleen Summers,the director of outreach and research for HSUS's puppy-mills campaign."But in rural communities,there are thousands of backyard kennels selling online and evading government regulation."A breeder only needs a federal license if he or she sells the dogs sight unseen, i.e.,through a middleman like a pet store or a puppy broker. But if the seller deals directly with the puppy's buyer,either selling face to face,through classified ads or,increasingly,via pop-up websites,there is little or no oversight of their business. Three years ago,the USDA passed an amendment requiring online sellers to get federally licensed,which would submit them to annual inspections and standard-of-care rules.At the time,the department expected thousands of breeders to step forward and comply with the law;to date,less than 30o have. When asked about sellers who disregard the law,Tanya Espinosa, a USDA spokeswoman, says,"It is virtually impossible for us to monitor the Internet for breeders.... [We] rely heavily on the public and their complaints."Good luck with that: Open your browser,type a breed in your state and thousands of websites appear.All claim to be local,loving and humane. Far too often, they are none of the above. "If you ask to see their property and they say,'Let's meet in a parking lot,' you're likely dealing with a puppy-miller,"says Kathy McGriff,a reputable ex-breeder of dumber spaniels who kept a close eye on her trade while she was breeding."And if you want to write a check but they only take PayPal,you're dealing with a puppy-miller."As a rule, she says,breeders who are even the least bit evasive are millers raising dogs in deplorable places."Reputable breeders don't deal in volume, and we only sell to people we've checked out. It's the most basic rule in our code of ethics: Never sell a puppy sight unseen." With dog sales,as with any commodity of late,the Internet has been the great disrupter. The HSUS estimates that roughly half of the 2 million pups bred in mills are sold in stores these days;the rest are trafficked online. The number of stores that still sell puppies has cratered over the course of the past decade,as groups like HSUS,the ASPCA and CAPS (Companion Animal Protection Society) have conducted stings of high-priced stores across the country and found them packed with sick puppies from Midwest mills. "We filmed undercover,got endless tape of purebreds in terrible shape,and followed up on buyer complaints,"says Deborah Howard,the founder and president of CAPS. Howard sends investigators out to infiltrate mills,exposes the stores that do business with those breeders,and coordinates with advocates across the country to ban the retail sale of puppies in big cities. "We've got reams of complaints from people with sick puppies,and they all say it was an impulse buy,"says Howard."I mean,a dog is a commitment for 15 years-at least Google-search the seller for complaints." A r $M OG&CAT w im.& i . r N DOG&CAT BREEDER BILL BREEDER OIL '�c jai ASS fT NOW . ti4ti4 h �+ IT `y'■Q 407E YES•S.F.TfIH.F- : rot YES•S.F.A57ws84 4 `.,. • 4 -N. r As of 2/15/20 the Terms of lJ� { _ revised.To re w the revise, 101 _ .+�i, /• ", 'itf tr1 ! F \ 3 el.' Policy click H; :E. If you do not •VP must disconti in Rollin Stc - 9 9 -'@J � :I ere',. I. 4 rpApor In February,2013,supporters in Minneapolis,Minnesota cheered for a bill that would regulate dog and cat breeders in the state,which is among the largest producers of puppies in the nation.Glen Stubbe/ZUMA •• • Given the duress in which mill pups enter the world and make their way to the stores-birthed by sick and stressed-out moms; snatched from their litters at eight weeks of age and loaded onto trucks for the hours-long drive to the next stop in the supply chain,puppy brokers;kept in a warehouse with hundreds of other pups,many of them sick with respiratory problems or infections of the eyes and ears;then again trucked with dozens of those dogs for the one- or two-day drive to distant states-it's remarkable that any of them survive the gantlet,let alone turn up well. Puppy brokers are wholesalers who buy from breeders,keep a running stock of dozens of breeds,then sell and ship the pups for a hefty markup. The biggest of those brokers,the now-defunct Hunte Corporation, professionalized the trade in the Nineties. They bought up other brokers, made large investments in equipment,trucks and drivers,and moved thousands of dogs a month from their facility in Goodman,Missouri. "I saw tons of sick puppies-vomiting blood,blowing diarrhea-that Hunte bought in that condition from breeders,"says"Pete,"an undercover investigator for CAPS who worked at Hunte in 2004."Of the 2,000 pups they'd have on-site, hundreds were in their'hospital'getting antibiotics.A day or two later,they'd load'em on 18-wheelers and send them, still sick,to the stores." Per CAPS reporting,the dogs who proved too sick to sell went back on a truck to Missouri;Hunte buried the dead ones out behind its plant. In 2003, state inspectors in Missouri cited Hunte for dumping more than i,000 pounds of dead puppies per year-the maximum allowed under Missouri law -in its back yard. Not that Missouri is an outlier in the disposal of sick and dead dogs. In Pennsylvania,two breeders shot 8o Shih Tzus and cocker spaniels rather than provide veterinary care. (Many millers prefer small breeds now;they're popular in cities, sell for top dollar,and are cheaper to As of 2/15/2018 this Terms of UUsneriancd.Priv.c Poky for Rollin Stone. om av beenY revised.To reb Ptitielt N lei itfs`ti 62e)c R uti%��gE rmcr9rp dowIPP,,tio dogs after failing to inoculate them for distemper. The USDA has exactly one law to govern the care and housing of commercial dogs. The Animal Welfare Act (AWA),enacted in 1966, sets down the barest standards for breeders. Dogs,per the AWA,can be kept their entire lives in crates inches bigger than their bodies. They can be denied social contact with other dogs,bred as many times as they enter heat,then killed and dumped in a ditch whenever their uterus shrivels.We have millions of dogs on our streets,put down two million of them every year-and impose no limits on the number of dogs millers can breed. In England,by contrast,you need a license to breed even a single dog-and only 5,00o were euthanized in aoi5. "There's this gross disconnect between our feelings for dogs and the way we guard them from abuse,"says Wayne Pacelle,the president and CEO of HSUS. "The USDA has a total of ioo inspectors to inspect thousands of breeders in 5o states."But they also have to inspect every zoo, circus and lab that uses animals for research testing. "We've been petitioning them for decades to improve the law-require bigger crates for breed dogs,give them access to outdoor dog runs and much prompter vet care when they're sick- but they can't even enforce the bad law on their books,"says Pacelle.An internal audit in the USDA indicated as much. Per a scathing report in 2010 by its Office of Inspector General,the department chose to prioritize "education"of breeders over punishment,"took little or no enforcement action against most violators,"failed to respond to "repeat violations,"and collected insufficient evidence in the few prosecutions it brought against criminal breeders. Y pls jr • As of 2/15/20 • revised.To re Policy click Hr . must discontinue using -o ing one.com an.a services an. ea u`res erein. A dog skeleton discovered during a raid on a puppy mill in Blue Springs,Mississippi.Amiee Stubbs The USDA oversees thousands of licensees nationwide with a yearly budget of about$28 million. "For perspective,the Defense Department spends the equivalent of our budget every 25 minutes,"says Espinosa,the USDA spokeswoman. "Our dedicated personnel conduct roughly io,000 unannounced inspections annually and work diligently to enforce the AWA." And what has that enforcement produced by way of penalties? Less than $4 million in fines over the past two years, a dozen or so breeders forced to turn in their licenses-and exactly none handed over for prosecution. Not the miller in Iowa who threatened to stab an inspector with a syringe and confessed that he shot a dog in the head while his girlfriend held it down. Not a fellow Iowan who threw a bag of dead puppies at an inspector. In fact,just a handful of breeders on HSUS's Horrible Hundred list-compiled every year from public records of chronic offenders-have been put out of business.And none of them have been made to answer in court for their proven mistreatment of dogs. •• • For weeks after the raid, I kept in touch with Sara Varsa, HSUS's rescue team director,for updates on the poodle she'd let me hold. Pollo,as the staff called him (he high-stepped like a chicken),had somehow pulled through after multiple surgeries at the Cabarrus Animal Clinic. The vet removed his right eye,which was all but useless after a long-untreated rupture;pulled his few remaining teeth;and sealed a gaping fissure in what was left of his upper jaw. Even after all that,though,Pollo bounced right up,relieved to suddenly be in less pain."The only time he cried was when we took his little girlfriend to be seen by the vet,"says Varsa,referring to the toy poodle who'd shared his cage. "They'd been together so long,they were like an old couple. He sobbed and shook while she was gone." Heather Seifel,the clinic administrator,brought him home till she could match him with an adopter. She took him outside and set him down in her yard;he'd no clue what to do with himself on grass. That trepidation is common to mill survivors, she says,the"weirdness of'What do I do now, now that I can finally be a dog?" Weeks before, I'd heard essentially the same words from a man named Wes Eden,whose family runs a boarding barn,the Lone Star Dog Ranch,near Mc IKiiey,Texas Ealevotional escuer ifdegvvhose methods make other advocates queasy. Each year,he saves dozens of breeding dogs by buying them,for top dollar,at puppy auctions,where millers"sell each other their trash,"says Eden. There used to be dozens of places to get unwanted dogs for a price. But after HSUS staged raids in several states,the ranks of the auction sites shrank to just a handful-two of them in the state of Missouri. It was at the bigger of the two, Southwest Auction Services,that I observed Eden in action one obscenely hot Saturday in early September.A tall young man with an artisanal beard and a crown of kohl-black hair,he was bidding on French bulldogs that were battered and sick after eight or nine years of being bred. Not that they came cheap: Bulldogs are prized these days,and as long as"they've still got a couple of litters left,"someone was going to bid them up,Eden says. The auction was held in a hangar-size warehouse in the blink-and-you've- missed-it town of Wheaton,Missouri. HSUS's Goodwin and I had flown in that weekend to watch several hundred people buy and sell breed stock to one another. Everyone was white,and almost everyone middle-aged. The mood in the room was church-fair festive;the breeders chatted convivially when not engaged in the bidding. One by one, some 30o dogs were placed on a table and sold.Their crates were stacked in an uncooled space in the walled-off half of the warehouse. It was stifling back there,and the air unbreathable from the waste of unwell dogs."I saw dogs with stomach hernias and bleeding rectums and ears rotted off from hematomas,"says Eden. Each time the door opened and a dog was brought in,the stench would funnel in with her. It mixed with the aroma of pork-belly tacos that were sold in heaping bowls at the concession stand behind us and were lapped up hungrily by the crowd. From a dais,two auctioneers called out bids while touting the dogs'untapped value."She's a 2012 model and showin'a belly; she'll work hard for you!" (One of those auctioneers-Southwest's owner, Bob Hughes-defended the dogs'health over the phone to me, saying they had"imperfections like all of us do,"but had been cross-checked by Hughes' vet before he sold them."If[the vet] thinks they're at risk of suffering,we return them to their breeder or give them to rescue groups,free of charge," he said. But neither Eden nor any of his rescue group peers have ever seen or heard of Hughes adopting out dogs. "He's certainly never offered one to me," says Eden.) • lisft. ' ;Ir . •I - ,. . _ -:: ,- Ivippi fv . As of 2/15/20 . the T- µ tr ; 1: . fo r, -• haver av n1 T { revised.To revi tr- I, . .c. { _ i• ., iv Policy click H "' Alof agr: •'i:S a rii acy P• ; 'k 1 must disconti • ' icoco • i' �i - L;� herein. • t • +a Sig A•7 lortOWAR- Unwanted dogs are often sold at auctions like this one,circa 2014. On that day, at least,the issue was moot: all 30o dogs were sold. "I spent everything I brought there- $60,000-and cleared three tables of dogs,"says Eden,who raises all his buy money from small donations online. Twenty-one dogs went off in his van for the six-hour ride back to Texas. Once back at his boarding barn,they were swiftly seen by vets;many required costly operations.All the money for those surgeries- $i,000 to fix a hernia; a couple of thousand dollars for sedation and an MRI -came from Lone Star's donors. Eden has a waiting list for every rescue,a pool of people ready to roll up their sleeves for the complex needs these dogs present. "Some of'em have to be taught to walk and climb stairs-they've never taken a full stride in those cages,"says Eden.Asked why he seeks out the oldest, saddest dogs,he says,"If they don't deserve happy endings,who does?" But Eden,for all his fervor,is derided by groups like HSUS.They accuse outfits like his- I counted at least three at the auction-of putting blood money into the pockets of the breeders. "That 6o grand he spent will buy a lot of new breed stock-for every dog he saved,dozens will suffer,"groused Goodwin. Eden concedes the point,but won't back up an inch."Look at the faces of these dogs,"he says. "How can you deny them?" Other grassroots groups use different tactics to bring down puppy mills. Some take to social media,building Facebook pages around graphic photos and pleas to spread the word. Then there are street warriors who picket pet stores, some with stunning results.Mindi Callison,a young schoolteacher in Ames, Iowa,formed Bailing Out Benji six years ago,and has recruited countless students from Iowa State to protest with her. Callison tells me about a local pet-shop owner who"used to have dozens of pups in his window;now he sells two or three a month."At first, she got flamed by furious millers. Then,to her shock, a few quietly reached out, asking if she'd take their used-up dogs."This year alone,they've given up almost ioo,and we don't pay a cent,"says Callison. They call her, she says,not out of charity,but to avoid the cost of euthanization. •• • For better than 5o years,the state of Missouri has been the Bermuda Triangle of dogs.The perfect landscape for breeders-small farms that weren't bought by agri-giants;vast swaths of plains between its two major cities;and a live- and-let-live ethos in flyspeck towns-it has long been the number-one state in the nation for licensed operators. It also has one of America's strictest dog laws:the Canine Cruelty Prevention Act of 2011. Enacted after a bitter,and expensive,battle over a ballot measure called Prop B,the law shines a light on the intractable problem of policing puppy-millers.When the act came in,it improved the lot of breed dogs-tripling their crate size,granting them annual vet checks,and providing money for stricter enforcement by state agents. Its rules have driven hundreds of commercial breeders out of business. There were 1,414 in 2010;now,there are 844. With no movement in Washington to toughen federal rules,the law suggested a possible path forward:to mount ballot drives in farm states. But just five years after it took effect,Missouri's dog law seems to have lost its teeth. Prosecutions have fallen,the number of licenses pulled has tanked and egregious breeders are breaking the rules and paying little or nothing in fines. A spokeswoman for the Missouri Department of Agriculture insists that"the number of[disciplinary] referrals has decreased because the majority of breeders have fallen under compliance,"but the state predominates the HSUS Horrible Hundred list. In 2016,almost a third of the kennels that made ry. Itt • • • A dog found with an infected ear at a puppy mill in Blue Springs,Mississippi,in July 2015.Amiee Stubbs �X Six months ago,Kristin Akin bought a goldendoodle from a notorious puppy mill called Cornerstone Farms.Akin is a St. Louis mom who'd lost two small children to a rare immune disorder eight months apart. Last June, she went online to find a puppy companion for her young dog. She came across a website that sold pups from Cornerstone;it purported to be a local and loving kennel that bred show dogs and kept high standards.Akin asked about a puppy depicted wearing a pink bow. She was told,via text,to make a deposit."It was a total impulse buy-I offered to drive right over,"says Akin. "They texted,'No,we're coming up your way tomorrow."The next morning, she sat in a mall parking lot;a filthy brown conversion van pulled up alongside her.A door slid open,but instead of a four-month pup,out came a cowering,full-grown dog that wouldn't look up when Akin stroked her. Stunned,Akin took the dog home for a bath. Her legs were covered with scabs and both ears were badly infected; she had explosive diarrhea for a week.Akin kept the dog,filed a complaint with the state,and went public with her story about the breeder, Debra Ritter. 'We found ii straight years of state violations,including a bunch that were issued just before we drove out there-but zero fines paid to the [Missouri] Department of Ag,"says Chris Hayes, a Fox reporter who interviewed Ritter and aired two stories in St. Louis. Ritter,in a rambling phone chat in which she name-checks the Lord and cites him for her decision to adopt as kids, some with special needs, denies to me that she sold sick dogs,just the"occasional"puppy with worms. She explains that she and her husband had quit jobs to become breeders so they could stay home with their kids who were chronically ill. "These animal- rights crazies say we abuse our dogs -but I don't see them adopting kids,"she says. As for the violations,those were"nuisance charges"that she resolved before the inspector drove away, she says."We Ritters aren't perfect,but I have a great reputation for never cheating customers or causing vet bills."Not according to Yelp,which is littered with posts from people who bought her sick pups,or the Horrible Hundred list,where Cornerstone Farms made the 2oi5 edition.Meanwhile,the website is still posting photos of the"puppy" Ritter sold to Akin. "I had two friends contact her by text,"says Akin. "They were told she was available." What sets Ritter apart isn't her brazen conduct or a trail of heartsick buyers; the difference between her and most online sellers is you can actually find her on a map."Websites give no clue about where a breeder's based-a lot of the time,you can't even get their name,"says the HSUS's Summers. They hide behind sites like puppyspot.com,a huge Web broker that sells many breeders'dogs out of its call-center office in Florida. In 2011, a lawsuit filed in part by HSUS claimed that the company(which was then called purebredbreeders.com) used roughly Boo domain names to lure buyers into thinking they were purchasing puppies"from quality,responsible breeders." Instead,"we found puppy-millers with USDA violations,"says Kimberly Ockene,an attorney for HSUS.A Florida judge dismissed it as a jointly filed suit,and a subsequent ruling forced the buyers of sick dogs to either re-file individually or drop the matter. Still, says Ockene,"we've had success in some cases. Litigation can be [an] effective tool for combating the puppy-mill problem." (A representative from puppyspot.com declined to participate in the reporting for this story.) In short, online dog sales is the perfect crime. Courts don't care about out-of- state victims, and the feds don't even fine breeders,much less arrest them, for selling sick pups on bogus sites.Any amateur can do this out of his or her basement and make good, steady money for years.A prime example: Patricia Yates,the miller in North Carolina whose dogs were seized in the Cabarrus County raid.With no license or bona fides from a purebred club, she'd supported herself for years on the profits from her kennel. She might have gone on indefinitely were it not for Lt. Taylor,the Cabarrus County cop who brought her down."Unfortunately,the laws aren't what they could be in this state,so all we could charge were misdemeanors,"says Taylor. (Yates' attorney,Benjamin Goff, says he is weighing"a plea deal that involves no jail time for my client.") "But our target,"Taylor says,"is that she never has animals again,and pays back every dime the Humane Society spent to treat those dogs and find them homes." (x ,ram _ _` ., •: :- ,t,�, - ,. . - � . - _ �;�. • NE • (-; 7 4_ art# 7 111,14t4 - 41:k � � F. - • . _-- • = Ta • i t • I I ¢ " [-+raj _ ��Fpi • -IP' r 11" • Sir�r J r i . Animal-welfare advocates and local law enforcement rescue dogs at a puppy mill in Pender County,North Carolina.Kathy Milani The HSUS expects to spend at least $ioo,000 on the raid,most of it for medical costs. That's actually on the low end for post-raid outlays.Yates yielded custody of her stock to HSUS,which allowed it to quickly disperse the dogs to animal-adoption groups around the state."There are cases where we have to hold the dogs for months because they're bargaining chips for the miller-they trade them in exchange for dropped charges,"says Goodwin. There's the occasional fine and suspended sentence;in rare cases, someone goes to jail."These people should be in prison,but that won't end the problem,"he says."The only way you end it is choke its blood supply: Stop buying purebred dogs,and adopt one instead."The website Petfinder.com,a network of rescue groups,posts tens of thousands of dogs for adoption,many of them rescued pure breeds. There,you can find any breed you like-or would buy in a store that sells dogs. The difference, says Goodwin,"is these dogs are healthy,"and won't cost you thousands in vet bills. Of the io5 dogs relinquished by Yates, all but two survived. Polio,the tiny poodle, succumbed to a stroke just a month into his new lease on life. "I hand-fed him meals and wrapped him in a blanket,but he'd been through too much,"says Brenda Tortoreo, a receptionist at the Cabarrus Animal Hospital, who'd adopted him and renamed him Kip. Tortoreo,who has a pair of older dogs, adopted a second poodle from the raid. Bebe is a couple of years younger than Kip,but no less rabid for affection. For the first two weeks, she wouldn't leave the bedroom except in her owner's arms. Now, she gobbles up the other dogs'breakfasts and steals their small stuffed toys. Dragging them to her daybed, she nuzzles and turns them like the puppies she's birthed and nursed."We love her to pieces,but cry for Kip a lot,"says Tortoreo."I'm so sad I didn't save him years ago. He got to feel some kindness for those few short weeks. I just hope,wherever he is now,he'll forgive us." Editor's Note: The original version of this story incorrectly stated that advocates had successfully urged Petco, among other companies, to stop. sellingdogsforprofit.Infact,Petcohasneversolddogsforprofitinits5l year history. The online version of the story has been edited to reflect the correction. •• • UPDATED.A response from the president of the Pet Industry Joint Advisory Council: In his January 3 article "The Dog Factory: Inside the Sickening World of Puppy Mills,"Paul Solotaroff quotes John Goodwin of the Humane Society of the United States as saying that puppies sold in pet stores are"raised in puppy-mill evil."Additionally,Solotaroff claims the dogs collected in the raid he profiled"would have been sold in pet stores." These claims are simply untrue.According to the federal Animal Welfare Act, pet stores can only sell dogs sourced from USDA-licensed breeders,or from breeders with four or fewer breeding females.Any pet store purchasing a dog from the illegal breeder in Mr. Solotaroff's story would be violating federal law. We in the legitimate pet trade don't just care about animals;we care for them every day.We are horrified by the inhumane treatment of dogs at illegal, unregulated breeding operations. It is disappointing that Mr. Solotaroff s article presented illegal and unethical activities as representative of the legitimate pet trade.We are committed to working with regulators and law enforcement to hold illegal breeders accountable and to put them out of business. Sincerely, Mike Bober President&CEO Pet Industry Joint Advisory Council A response from the writer, Paul Solotaroff The Animal Welfare Act only regulates breeders and brokers,not the stores that buy from them. The owners of those stores can buy from anyone they like, so long as there's no local law against buying puppies fcaniunlicensed dealers. The fact is, stores do sell dogs from"illegal dealers."To name one current example,the USDA has cited an Ohio broker licensed to sell to pet stores,who bought dozens of puppies from three different unlicensed breeders. You speak of working with regulators to hold"illegal breeders accountable." But as USDA citations show,it's often licensed breeders who harm and neglect dogs. No need to send your staff out to beat the bushes:just refer them to the HSUS Horrible Hundred List. There,they'll find dozens of repeat offenders,"ethical"breeders with sick pups and injured and exploited breed dogs, as documented by the feds,not animal activists. •• • How to Help the Dogs Solving the puppy-mill problem will be an expensive and long-term struggle. Spreading consumer awareness of the conditions in the mills is only half the battle-the otherhalfis bringing sustained political pressure on the stores and websites that sell pups. Whether it's passing ordinances to ban the sale of pet-shop dogs, staging puppy mill raids, or pushing to toughen the national dog law, the efforts of animal-welfare groups are the best hope for dogs. Readers who wish to support their efforts can do so at the websites listed below. The Humane Society of the United States The ASPCA Companion Animal Protection Society(CAPS) Mercy For Animals The Lone Star Dog Ranch Bailing Out Benji CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, Declare obsolete computer equipment as VIII.C. Information Technology/ surplus. Aditi Salunke Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment in this list is of no use and will be recycled. Xigent Inc., from Plymouth will pick up equipment for recycling/ disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Asset Type Manufacturer Model SAN Storage NetApp FAS2240A-SSA-R5 SAN Storage NetApp FAS2240A-SSA-R5 SAN Storage NetApp DS14MK2 SAN Storage NetApp DS14MK2 SAN Storage NetApp F2240-4-24X1TB-CTL-R5 Serial Number 6000586963 6000553411 LBW655340258622 LBW655340261906 700001234484 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Bill Olmschenk, Red Rock Lake Park Parking Lot VIII.D. Parks Construction Supervisor, Rehabilitation Project Parks and Recreation Requested Action Move to: Accept bids and award the contract for the Parking Lot Rehabilitation at Red Rock Lake Park to Bituminous Roadways, Inc. in the amount of$47,225.00. Synopsis Red Rock Lake Park parking lots were constructed in 1987. The parking lots have numerous structural cracking and surface flaking. Best option is to mill existing bituminous, regrade, compact, repave, and restripe. Background The scope of this project is to mill existing bituminous, regrade, compact, repave, and restripe. The staff estimate and budget on this project was $50,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $47,225.00 Minnesota Roadways Co $48,280.00 DMJ Asphalt $60,454.00 Attachment Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 1st day of May, 2018, by and between City of Eden Prairie, hereinafter referred to as the CITY, and Bituminous Roadways, Inc., hereinafter referred to as the CONTRACTOR, WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Natural Resources Services referred to in Paragraph IV, as provided by the CITY for: 2018 Red Rock Lake Park Parking Lot Rehabilitation Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Park Construction Supervisor. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of the Agreement as if fully set forth herein. This Agreement and Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence of: CITY OF EDEN PRAIRIE, MN By Its City Mayor And Its City Manager CONTRACTOR In Presence of: By Title And Title CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 18808 ITEM NO.: Mary Krause Award Contract for 2018 Concrete VIII.E. Public Works/Engineering Supply to Cemstone Products Company Requested Action Move to: Award the Contract for the 2018 supply of concrete to Cemstone Products Company at the unit prices as indicated in the quote summary. Synopsis Quotes were received on April 6, 2018 for the 2018 supply of concrete required to perform annual street maintenance projects including curb repair and replacement. Three quotes were received. The quote summary is: Cemstone Products Company $77,725.00 AVR, Inc. $77,750.00 Rivers Edge Concrete $78,125.00 Background Information The low quote for the different concrete mixes is from Cemstone Products Company. The concrete is purchased on a per cubic yard basis based on the quantity required to perform maintenance needs. Attachment Contract 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Cemstone Products Company, a Minnesota Company (hereinafter "Vendor") whose business address is 2025 Center Pointe boulevard, Suite 300, Mendota Heights, MN 55120-1221. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 2018 Supply of Concrete hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 9, 2018. 3. Compensation for Services. City agrees to pay the Vendor $120.50/C.Y. of 3F52 Mix, $117/C.Y. of 3F52F Mix and $129.50/C.Y. of 3HE52 Grade F Mix, with total payments not to exceed $$77,725.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis,itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages, arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS Standard Purchasing Contract 2017 06 01 Page 2 of 5 13. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 14. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 15. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 16. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 20. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 22. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, Standard Purchasing Contract 2017 06 01 Page 3 of 5 disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 24. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 26. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 27. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of Standard Purchasing Contract 2017 06 01 Page 4 of 5 the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 28. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 QUOTE FORM I,C. 18808 2018 CONCRETE SUPPLY The undersigned understands that each item may be awarded separately and that if the bid price is accepted,he is to furnish the materials as specified previously and at the unit bid price until November 9,2018. All bid prices shall be inclusive of all fuel surcharges,environmental fees and applicable sales tax. Est. Qty. Unit Price 1 MN/DOT 2461Concrete Mix 3F52 300 Cubic Yards $ 120.50 2 MN/DOT 2461 Concrete Mix 3F52F 300 Cubic Yards $ 117.00 3 MN/DOT Ready Mixed Concrete 50 Cubic Yards $ 129.50 3HE52 Grade F Concrete Short Load Charge(less than 3 cubic yards) $ 100.00 /Load Cemstone Products Company FIRM AUTHORIZED SIGNATURE Paul Trocke,Account Representative TYPED NAME AND TITLE 2025 Centre Pointe Blvd.,Mendota Heights, MN 55120 ADDRESS 612-248-0976 TELEPHONE Minnesota STATE OF INCORPORATION CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 18807 ITEM NO.: Mary Krause Award Contract for the 2018 Mill and VIII.F. Public Works/Engineering Overlay and Pavement Reclamation Project to Bituminous Roadways Inc. Requested Action Move to: Award the Contract for 2018 Mill and Overlay and Pavement Reclamation Project to Bituminous Roadways, Inc. in the amount of$1,831,555.00. Synopsis Sealed bids were received on Thursday, April 26, 2018 for the 2018 Mill and Overlay and Pavement Reclamation Project. Six (6) bids were received and are summarized below. The low bid in the amount of $1,831,555.00 was submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and recommends awarding the contract for the project to Bituminous Roadways, Inc. in the amount of$1,831,555.00. Bid Summary: Bituminous Roadways, Inc. $1,831,555.00 Park Construction $1,872,503.62 Valley Paving $1,880,825.00 GMH Asphalt $2,041,897.50 Northwest Asphalt $2,052,592.50 Midwest Asphalt $2,101,375.00 Background Information The Bituminous Mill and Overlay Project is an annual street maintenance project. The 2018 Operating and Maintenance budget for milling and overlay is $219,000. In addition, funds generated from the Pavement Management CIP are utilized. The Pavement Management CIP is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley Electric collecting monies annually for pavement maintenance. In addition to the overlay project, the pavement maintenance CIP fund also finances seal coating and other pavement improvement projects. Attachment Contract CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 18807-2018 Bituminous Mill and Overlay and Pavement Reclamation Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $1,831,555.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 1, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Amend City Code Chapters 10 & 11 IX.A. Janet Jeremiah/Steve Durham related to fencing around pools; landscape security requirements; telecommunication applications requirements, and permitted uses in Golf Course zoning district. Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinances to Amend City Code Section 10.03 related to maximum fence height; Section 11.03 related to landscape security requirements; Section 11.06 related to telecommunication applications; and Section 11.36 related to permitted uses in the Golf Course Zoning District. Synopsis The proposed code amendments identified below are housekeeping in nature. The purpose of these amendments is to update City Code for consistency with State Statues, to provide for efficient administrative processing of landscape sureties; and to provide additional clarity regarding process. Code amendments include: • Updating Chapter 10 maximum pool fence height regulations to be consistent with State Statues and fence height in Chapter 11 and require that permanent fencing be installed prior to water being placed in the pool. • In Chapter 11 eliminating the term bond and replace with surety for the landscape portions of Chapter 11. This will provide for administrative ease in the event of processing a surety and clarify acceptable forms of landscaping security. • Providing clarification for the application requirements related to towers and antennas. • Adding Public Infrastructure and Towers and Antennas as permitted uses in the Golf Course zoning district as these uses are permitted in all zoning districts. Planning Commission Review and Recommendation At its April 9, 2018 meeting, the Planning Commission voted 7-0 to recommend approval of the text amendments subject to the information in the staff report dated April 4, 2018. Attachments 1. Ordinance for Chapter 10 amendments 2. Ordinance for Chapter 11 amendments 3. Staff Report dated April 4, 2018 4. Planning Commission Minutes April 9, 2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 10, SECTION 10.03, SUBD. 2. A. RELATING TO FENCING REQUIREMENTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 10, Section 10.03, Subd. 2. A. is hereby amended by changing in the first sentence six (6) feet to seven (7) feet as the maximum height of a fence and adding the following at the end of paragraph A: "The permanent security fence shall be installed prior to the placement of any water into the pool. Temporary construction fencing does not meet the requirements of this section." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBD. 3, G 2. (H) RELATING TO PERFORMANCE SURETY; SECTION 11.06, SUBD. 12, RELATING TO APPLICATIONS; SECTION 11.36, SUBD. 2 RELATING TO GC-GOLF COURSE; 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 1 1.03, Subd. 3 G. 2. (h) is amended in its entirety as follows: (h) Security: A financial security in the form of a stand by Letter of Credit from financial institution that is insured by the FDIC, or an Escrow Fund with sufficient capital approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as oblige or payee as applicable. Section 2. City Code Chapter 11, Section 11.03, Subd. 3. G. 4.is amended in its entirety as follows: Security Required. No building permit shall be issued until the applicant for the building permit shall file with the City Manager a Security, as defined in 11.03 Subd. 3 G. 2 (h) in form and amount as approved by the City Manager, but for no less than one and one-half (1%) times and no more than two (2) times the amount estimated by the City Manager as the cost of completing said landscaping and screening. The Security must cover two complete growing seasons or one full calendar year subsequent to the completion and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. Section 3. City Code Chapter 11, Section 11.06, Subd. 12. Amended by inserting in the first paragraph after the words "construction of a" the words "new tower or alteration of an existing tower including antenna replacement and associated modifications". Section 4. City Code Chapter 11, Section 11.36, Subd. 2. Is amended by adding the following: C. Public Infrastructure. D. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. Section 5. 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 6. 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 , 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. STAFF REPORT: TO: Planning Commission FROM: Steve Durham, Planner II DATE: April 4, 2018 SUBJECT: Code Amendment- Housekeeping items related City Code Chapter 10, Swimming Pool Regulations fence height; City Code Chapter 11, Landscape Securities, Towers and Antennas applications, and Golf Course Permitted Uses. BACKGROUND: Periodically code amendments are required to update a code related to state statues, assist with clarification of particular subject matter and reduce ambiguity regarding particular subject matter in code. These tend to be known as housekeeping items and do not change the intention of the code, but provide clarity for users. Below are several housekeeping code amendments proposed by City staff. PROPOSED CODE AMENDMENTS: City Code Chapter 10, Section 10.03 Swimming Pool Regulations. The proposed code amendment will update fencing requirements to permit a maximum seven (7) foot fence height around pool. Current City Code states 6' is the maximum height permitted. In 2015 State rules changed to permit a maximum fence height of 7'. Chapter 11 fence height regulations was amended to permit maximum fence height of 7' in 2015. This housekeeping item will bring this portion of Chapter 10 in alignment with both State and the City Code and clarify that permanent fencing must be installed prior to water being placed in the pool. City Code Chapter 11, Section 11.03, Subd. 3. G. Screening and Landscaping, 2. Definitions (h) Performance Bond and 4. Performance Bond Required. The City receives a financial security for each a new development's proposed landscape plan. A security is held for a specific time frame and ultimately released once inspection of the landscape plan is completed and landscape viability confirmed. The security defined in City Code is currently identified as a performance bond. The City may receive a bond, letter of credit or escrow fund as financial security. Staff proposes eliminating the term bond in this section of the code. Based on history bonds are a cumbersome tool to utilize should landscape installation or viability become an issue. Elimination of the term bond and use of the term surety will provide additional clarity regarding the type of financial securities that are acceptable. In addition, the Performance Bond Required will be changed to eliminate the word Bond and replace with Surety. City Code, Chapter 11, Section 11.06, Towers and Antennas, Subd. 12.Application. The City Code requires an application to construct a telecommunication tower. Current code verbiage only addresses the construction of a tower and does not address alterations to an existing tower. Staff proposes language to clarify any alteration to a tower requires an application. It is important to identify specific alterations for staff to confirm the alteration meets City Code and determine if a building permit is required. The proposed amendment will be consistent with past and current review practice of transmission towers, their alterations, and clarifies the application review expectation for applicants. City Code Chapter 11, Section, Section 11.36 GC- Golf Courses, Subd. 2 In the Golf Course zoning district, the listed permitted uses does not include Public Infrastructure or Antennas and Towers. Both uses are permitted in all zoning districts. This housekeeping change proposes to bring the GC-Golf Course zoning district in compatibility with all other zoning districts by allowing these uses. STAFF RECOMMENDATION: Staff recommends approval of the amendments to City Code, Chapter 10 and Chapter 11, as represented in the April 4, 2018 staff report and attached proposed City Code, Chapter 10 and 11 ordinance amendments. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 9, 2018 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Kirk was absent. III. SWEARING IN OF NEW COMMISSION MEMBER A. Carole Mette Klima conducted the swearing in of new Commission Member Carole Mette. IV. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Villarreal, to approve the agenda. Motion carried 8-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, MARCH 26, 2018 Weber had a revision on page 2, paragraph 5, sentence 3 and 4. He would like it to read, "Weber said the ordinance as purposed is at a minimum and if the applicant wanted to have more parking they could apply for more parking. MOTION: Higgins moved, seconded by Farr, to approve the minutes as amended. Motion carried 8-0. PLANNING COMMISSION MINUTES April 9, 2018 Page 2 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT/CHAPTERS 10 & 11 HOUSEKEEPING ITEMS Request To: • Amend City Code Chapters 10 & 11 related to fencing around pools; landscape security requirements; telecommunication applications requirements, and permitted uses in Golf Course zoning district. Klima said the codes amendments brought forward tonight are housekeeping items. Code amendments are required to update a code related to state statues, assist with clarification of particular subject matter and reduce ambiguity regarding particular subject matter in code. The following are housekeeping code amendments proposed by City Staff 1. City Code Chapter 10, Section 10.03 Swimming Pool Regulations. This proposed code amendment will update the fencing requirements to permit a maximum seven (7) foot fence height around pool. Current City Code states six (6) foot is the maximum height permitted. In 2015 State rules changed to permit a maximum fence height of 7 feet. This housekeeping item will bring this portion of Chapter 10 in alignment with both State and City Code and will clarify that permanent fencing must be installed prior to water being placed in the pool. 2. City code Chapter 11, Section 11.03, Subd.3.G. Screening and Landscaping, 2. Definitions (h) Performance Bond and 4. Performance Bond Required. With this Code, the City receives a financial security for each new development's proposed landscape plan. A security is held for a specific time frame and is released once the inspection of the landscape plan is completed and the landscape viability confirmed. The security defined in City Code is currently identified as a performance bond. The City may receive a bond, letter of credit or escrow fund as financial security. Staff proposes eliminating the term bond in this section of the code. Elimination of this term and use of the term surety will provide additional clarity regarding the type of financial securities that are acceptable. 3. City code, Chapter 11, Section 11.06, Towers and Antennas, Subd. 12. Application. The city code requires an application to construct a telecommunication tower. The current code verbiage only addressed the construction of a tower and does not address alterations to an existing tower. Staff proposes language to clarify any alteration to a tower requires an application. By identifying specific alterations it will allow staff to confirm it meets City Code and determine if a building permit is required. PLANNING COMMISSION MINUTES April 9, 2018 Page 3 4. City Code Chapter 11, Section, Section 11.36 GC—Golf Courses, Subd. 2 In the Golf course zoning district, the listed permitted uses does not include Public Infrastructure or Antennas and Towers. Both uses are permitted in all zoning districts. This housekeeping change brings the GC-Golf Course zoning district in compatibility with all other zoning districts by allowing these uses. Staff recommendation is for approval of the amendments to the City Code, Chapter 10 and Chapter 11. DeSanctis asked if the seven foot height requirement for the pool fencing conforms to the City's requirements for height of fencing for backyards. Klima stated it does conform to the City's requirements. Farr asked, in regards to addressing fences around pools, what is the minimum height and what type of fences are prohibited. He also asked how code is regulated. Klima said the City does not have a minimum requirement for fence height. As for architectural standards, the City does not regulate on this structure. Farr asked if fences require a building permit. Klima stated they do require a permit and they are looked at by a case by case basis. Freiberg asked if Klima could provide some clarity in regards to Chapter 11, Golf Courses and asked if that code update was for housekeeping reasons or does it have an effect on golf courses currently in Eden Prairie. Klima said it was a housekeeping item to be added to this district. Villarreal asked, in regards to Chapter 11, Towers and Antennas, how the City defines associated modifications. Klima said in regards to associated modifications, antennas are sometimes replaced or reduced and those altercations would require review by the City. Mette had a question regarding the financial security for landscaping and asked if it is possible for a developer to put a cash deposit down for this as opposed to a letter of credit or escrow. Klima responded a letter of escrow is equivalent to a cash deposit. The applicant would give the City a check or other form of cash and it is then put into an account and maintained until the landscaping is in place and viable. Chair Pieper opened the meeting up for public input. There was no input. MOTION: Villarreal moved, seconded by Weber, to close the public hearing. Motion carried 8-0. MOTION: Villarreal moved, seconded by Farr, to recommend approval of the Code Amendment for Chapters 10 & 11 related to fencing around pools; landscape sureties; telecommunication applications; Golf Course permitted uses; and based on PLANNING COMMISSION MINUTES April 9, 2018 Page 4 staff recommendations and information contained in the staff report, dated April 4, 2018. Motion carried 8-0. VIII. PLANNERS' REPORT Klima stated there was no Planners' report. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Pieper adjourned the meeting at 7:15 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 01, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 259800 - 260107 Wire Transfers 1019582 - 1019691 Wire Transfers 6552 - 6567 City of Eden Prairie Council Check Summary 5/1/2018 Division Amount Division Amount 23,548 601 Prairie Village Liquor 91,886 100 City Manager 1,104 602 Den Road Liquor 181,810 101 Legislative 285 603 Prairie View Liquor 116,703 102 Legal Counsel 16,971 605 Den Road Building 1,731 110 City Clerk -30 701 Water Enterprise Fund 239,632 111 Customer Service 869 702 Wastewater Enterprise Fund 129,863 113 Communications 12,845 703 Stormwater Enterprise Fund 4,464 114 Benefits&Training 3,391 Total Enterprise Fund 766,088 131 Finance 8,366 132 Housing and Community Services 2,000 802 494 Commuter Services 23,351 133 Planning 320 803 Escrow Fund 8,099 136 Public Safety Communications 6,551 806 SAC Agency Fund 39,362 137 Economic Development 35 807 Benefits Fund 736,895 151 Park Maintenance 12,151 811 Property Insurance 1,606 153 Organized Athletics 523 812 Fleet Internal Service 37,067 154 Community Center 11,107 813 IT Internal Service 54,955 156 Youth Programs 806 814 Facilities Capital ISF 15,150 158 Senior Center 276 815 Facilites Operating ISF 27,087 162 Arts 37 816 Facilites City Center ISF 34,819 163 Outdoor Center 353 817 Facilites Comm.Center ISF 22,733 168 Arts Center 696 Total Internal Svc/Agency Funds 1,001,122 180 Police 10,504 184 Fire 10,520 Report Total 2,475,370 186 Inspections 825 201 Street Maintenance 55,080 202 Street Lighting 70,844 Total General Fund 249,977 301 CDBG 4,341 303 Cemetary Operation 400 312 Recycle Rebate 2,050 Total Special Revenue Fund 6,791 304 Senior Board 58 309 DWI Forfeiture 21 315 Economic Development 2,312 445 Cable PEG 2,158 502 Park Development 2,321 509 CIP Fund 203,671 522 Improvement Projects 2006 185,609 532 EP Road Connect Flying Cloud 3,110 537 Town Center Station 47,751 538 SingleTree Lane South 4,358 804 100 Year History 23 Total Capital Projects Fund 451,391 City of Eden Prairie Council Check Register by GL 5/1/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 260056 463,437 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Design&Engineering Improvement Projects 2006 CSAH 61(Charlson Rd to Carver Cty) 259925 264,088 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums May 2018 6564 237,503 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 04.13.18 1019678 203,389 ODESA II LLC Improvements to Land Capital Maint.&Reinvestment Riley Lake Park Improvements 6562 168,413 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.30.18 6559 113,624 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax March 2018 1019631 68,206 XCEL ENERGY Electric Street Lighting 259945 47,751 METRO TRANSIT Design&Engineering Town Center Station 260065 45,915 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 259946 39,362 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 1019621 32,593 LOGIS Network Support IT Operating 260029 29,149 CARGILL INC Salt Snow&Ice Control 1019691 28,167 XCEL ENERGY Electric City Center-CAM 259934 26,274 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 6567 25,641 EMPOWER Deferred Compensation Health and Benefits 260067 22,780 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Capital 260064 21,611 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 260024 21,456 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 259947 19,992 MIDSTATES EQUIPMENT&SUPPLY Crack Filling Street Maintenance 1019617 19,946 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 6566 18,868 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 260034 17,300 CLIFTONLARSONALLEN LLP Audit&Financial Organizational Services 259982 17,006 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 260089 15,631 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 259893 15,150 BWS HEATING&AIR CONDITIONING Other Contracted Services Facilities Capital 259941 14,800 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 6560 14,505 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 259933 14,112 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 260025 13,070 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 259968 12,036 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 259890 11,614 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 1019622 9,466 MENARDS Operating Supplies Utility Operations-General 259928 9,068 HP INC Computers IT Operating 6553 9,018 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 259891 8,838 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 260100 8,768 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 1019608 8,088 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 259887 8,031 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 260079 7,714 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 260081 7,467 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 260028 7,351 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 259895 7,103 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 259878 6,551 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 259977 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1019662 6,433 CENTERPOINT ENERGY Gas Wasterwater Collection Check# Amount Supplier/Explanation Account Description Business Unit Comments 260102 5,989 VERIZON WIRELESS Other Contracted Services IT Operating 1019684 5,488 TOWMASTER INC Equipment Parts Fleet Operating 1019591 5,465 DAILEY DATA&ASSOCIATES Operating Supplies IT Operating 259971 4,625 PRINTING ENTERPRISES INC Printing Communications 259884 4,619 BEACON ATHLETICS Machinery&Equipment Capital Outlay Parks 1019656 4,595 VAN PAPER COMPANY Cleaning Supplies City Hall(City Cost) 1019595 4,545 INTEREUM INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 259999 4,425 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 259922 4,382 GRAYMONT Treatment Chemicals Water Treatment 260053 4,331 GRAYMONT Treatment Chemicals Water Treatment 259972 4,308 PROP Refunds CDBG-Public Service 260009 4,205 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1019618 4,199 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1019610 4,072 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 259927 3,796 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 260018 3,755 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 259994 3,736 VERIZON WIRELESS Data Plans-Police IT Operating 259939 3,632 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Wasterwater Collection 260059 3,593 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1019620 3,561 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1019689 3,546 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 260106 3,461 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 259888 3,455 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1019672 3,437 JEFFERSON FIRE&SAFETY INC Protective Clothing-Turn Out G Fire 259873 3,368 ACCOUNTEMPS Deposits 494 Corridor Commission 259880 3,318 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 6561 3,308 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019611 3,298 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1019685 3,255 TWIN CITY HARDWARE Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 259918 3,182 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 6555 3,181 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019670 3,180 HAWKINS INC Treatment Chemicals Water Treatment 260078 3,110 PATCHIN MESSNER DODD&BRUMM Right of Way&Easement EP Rd Connect to Flying Cloud 259897 3,054 CENTURYLINK Fiber Lease Payments City Center-CAM 259944 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission 1019607 2,975 VINOCOPIA Liquor Product Received Den Road Liquor Store 260072 2,804 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 259973 2,800 RACHEL CONTRACTING LLC Deposits Escrow 1019690 2,753 WM MUELLER AND SONS INC Gravel Water Distribution 1019628 2,683 STREICHERS Clothing&Uniforms Police 260103 2,550 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 260054 2,513 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 259966 2,329 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 259874 2,310 ACT Deposits 494 Corridor Commission 1019660 2,272 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1019616 2,158 GRANICUS INC Equipment Repair&Maint Cable PEG 260096 2,146 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1019657 2,138 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 259908 2,100 DG WELDING&MFG.,INC. Supplies-General Bldg Park Shelters 260104 2,000 VISUAL COMMUNICATIONS Design&Engineering Economic Development Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 259957 1,979 NAC Contract Svcs-HVAC Ice Arena Maintenance 260010 1,935 ARVIG Fiber Lease Payments IT Operating 259995 1,908 VIDEOTRONIX INC Building Repair&Maint. Outdoor Center 260085 1,891 RYAN COMPANY INC Supplies-HVAC Pool Maintenance 1019623 1,857 POMP'S TIRE SERVICE INC Tires Fleet Operating 260050 1,800 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 260095 1,760 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint. Supplies Wasterwater Collection 259990 1,712 TACTICAL SOLUTIONS INC Equipment Repair&Maint Police 260087 1,710 SERVICEMASTER Equipment Repair&Maint Stormwater Collection 260097 1,703 TRUCKVAULT INC Autos Fleet-Fire 1019604 1,693 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Street Maintenance 1019612 1,673 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 259912 1,656 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 1019609 1,606 YOUNGSTEDTS COLLISION CENTER Insurance Property Insurance 259892 1,590 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1019648 1,574 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1019630 1,566 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1019605 1,528 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1019667 1,500 FRONTIER PRECISION INC Other Contracted Services Park Maintenance 260105 1,493 W L HALL CO Contract Svcs-Gen.Bldg City Hall(City Cost) 259889 1,481 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 259936 1,467 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1019661 1,450 CDW GOVERNMENT INC. Software Maintenance IT Operating 259997 1,449 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution 1019613 1,420 CENTERPOINT ENERGY Gas Prairie View Liquor Store 260068 1,404 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 259974 1,361 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 260001 1,330 YORKTOWN OFFICES Deposits 494 Corridor Commission 1019680 1,328 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Concessions 259942 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 259900 1,237 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1019658 1,204 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 259882 1,200 BAKER Other Contracted Services Fire Station#1 1019687 1,134 VISTAR CORPORATION Merchandise for Resale Concessions 1019641 1,080 COX,KIM Travel Expense Organizational Services 260077 1,061 OLSEN'S EMBROIDERY/COMPANY Miscellaneous Administration 260084 1,046 PRECISION FINISHING Signs Traffic Signs 260101 990 VERDIN COMPANY THE Equipment Repair&Maint Water Storage 6558 988 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1019601 949 PROSOURCE SUPPLY Supplies-Pool Ice Operations 260058 945 HILDI INC Audit&Financial Finance 1019665 931 ECOLAB INC Equipment Repair&Maint Concessions 260017 922 BELSON OUTDOORS INC Operating Supplies Capital Outlay Parks 259989 894 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1019637 869 BOUNDLESS NETWORK Operating Supplies Community Center Admin 259991 864 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1019634 825 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1019624 822 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Safe Water Supply(Wells) 1019663 803 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility 259976 795 RHOMAR INDUSTRIES,INC. Lubricants&Additives Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 260019 792 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 260098 764 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 259917 764 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 259992 750 TREEHOUSE Other Contracted Services Housing and Community Service 259980 746 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 6563 742 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 259955 729 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 259875 726 AIRGAS SAFETY Supplies-Pool Pool Maintenance 260012 720 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1019642 697 CUSTOM HOSE TECH Equipment Parts Fleet Operating 259984 669 STAPLES ADVANTAGE Supplies-General Bldg Customer Service 259953 660 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store 260033 650 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 259885 649 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1019592 647 FASTENAL COMPANY Operating Supplies Traffic Signs 1019615 636 GRAINGER Cleaning Supplies Utility Operations-General 1019659 632 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 1019664 620 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1019679 618 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 259993 611 TYLER TECHNOLOGIES INC Software IT Capital 259904 600 COVERTTRACK GROUP Other Contracted Services Police 259872 592 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 1019586 570 CARLSTON,BRANDON Clothing&Uniforms Police 259959 556 NEGOCE LLC Liquor Product Received Den Road Liquor Store 260062 550 J.CURTIS VARONE,ESQ. Conference/Training Fire 260022 550 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1019589 545 CLAREY'S SAFETY EQUIPMENT Protective Clothing Fire 260076 543 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 1019651 539 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 259987 536 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 259903 528 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 259986 526 STATION 19 ARCHITECTS Reimbursement-legal notices Escrow 260094 517 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 260070 510 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 259876 508 ALTEC INDUSTRIES INC Landscape Materials/Supp Street Maintenance 260021 500 BOARD OF WATER&SOIL RESOURCES Licenses,Taxes,Fees Stormwater Non-Capital 259929 498 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 260013 496 AXON ENTERPRISE INC Training Supplies Police 259923 493 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 260047 491 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Basketball 260055 490 HALDEMANN HOMME INC Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 260032 487 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 259894 475 CALIFORNIA CONTRACTORS SUPPLIES INC Safety Supplies Utility Operations-General 260080 475 PERNSTEINER CREATIVE GROUP INC Advertising Community Center Admin 1019584 450 BATTERIES PLUS Repair&Maint-Ice Rink Wasterwater Collection 260092 432 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 259910 427 DISCOUNT STEEL INC Equipment Parts Fleet Operating 259898 422 CENTURYLINK Internet IT Operating 1019640 421 CLAREY'S SAFETY EQUIPMENT Safety Supplies Prairie View Liquor Store 260107 420 WORKS COMPUTING INC Other Contracted Services IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019675 414 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 259962 405 OLSEN CHAIN&CABLE Clothing&Uniforms Water Distribution 259801 400 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 259909 400 DIETHELM,TAMMY L Burial&Marker Fees Pleasant Hill Cemetery 260057 400 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Core Fire 1019625 398 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 1019676 397 MENARDS Operating Supplies Special Events&Trips 1019587 384 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 260016 382 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1019582 380 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Park Shelters 259924 375 GYM WORKS Equipment Repair&Maint Police 260091 373 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1019632 372 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 1019629 355 WATSON CO INC,THE Merchandise for Resale Concessions 1019668 352 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 260051 350 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 259932 350 ITERIS INC Other Contracted Services Snow&Ice Control 1019674 348 LOGIS Postage IT Operating 6565 346 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits 1019647 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 6552 343 SQUARE Bank and Service Charges Den Road Liquor Store 260074 337 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1019688 325 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 1019600 325 PETERSON,DANIEL J Travel Expense Police 260099 324 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 259886 320 BLUE TARP FINANCIAL INC Equipment Parts Snow&Ice Control 1019669 318 GRAINGER Supplies-Pool Fleet Operating 260003 312 M-R SIGN CO INC Signs Traffic Signs 1019646 306 FASTENAL COMPANY Operating Supplies Fleet Operating 6554 300 SELECT ACCOUNT HRA Health and Benefits 260044 300 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating 260049 295 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police 1019639 294 CARLSTON,BRANDON Clothing&Uniforms Police 260090 293 STAPLES ADVANTAGE Office Supplies Customer Service 260023 293 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 259877 290 ANAGRAM INTERNATIONAL P&R Refunds City Hall(City Cost) 1019599 288 NOVAK-KREBS BETH Travel Expense Planning 259954 287 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1019655 287 SPOK,INC. Pager&Cell Phone IT Operating 260066 279 KEEPRS INC. Protective Clothing Animal Control 260039 276 COMCAST Cable TV Fire 260061 274 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1019585 270 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019650 270 KRUEGER,MARK Operating Supplies Reserves 260069 257 MARCO INC Operating Supplies IT Operating 259920 256 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance 260027 255 BUREAU OF CORRECTIONAL ENTERPRISES Capital Under$25,000 Stormwater Non-Capital 260026 250 BROADWAY AWARDS Operating Supplies City Council 1019590 249 D&D INSTRUMENTS Equipment Parts Fleet Operating 259916 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 259956 244 MPCA Waste Disposal Fleet Operating 1019654 240 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 259837 230 KISSINGER STEPHEN AR Utility Water Enterprise Fund 259911 227 E A SWEEN COMPANY Merchandise for Resale Concessions 259938 225 LOMPIAN WINES LLC Liquor Product Received Prairie View Liquor Store 260045 225 DIRECTV Cable TV Community Center Admin 1019652 225 QUALITY PROPANE Motor Fuels Fleet Operating 1019583 223 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 260046 222 E A SWEEN COMPANY Merchandise for Resale Concessions 260030 216 CENTURYLINK Telephone IT Operating 260008 212 AQUA LOGIC INC Supplies-Pool Pool Maintenance 6556 208 VANCO SERVICES Bank and Service Charges Wastewater Accounting 260006 204 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store 1019626 203 SPRINT Deposits 494 Corridor Commission 260052 199 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1019598 198 MUNOZ,CESAR Travel Expense Police 1019603 198 SACKETT,MATTHEW Travel Expense Police 1019606 198 VIK,LISA Travel Expense Police 1019635 196 BECKER,DAVE Travel Expense Police 1019596 195 JOHNSTONE SUPPLY Supplies-Pool Pool Maintenance 260035 190 COMCAST Internet IT Operating 259817 190 CRNOBRNA MATT AR Utility Water Enterprise Fund 260042 185 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1019683 185 STREICHERS Clothing&Uniforms Police 259879 183 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1019593 176 GOLDENSTEIN,JAMES Conference/Training IT Operating 1019594 176 HIGGINS,RYAN Conference/Training IT Operating 260073 175 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 1019633 174 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1019602 170 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1019649 170 GREGOIRE,DAVID Other Contracted Services Communications 260000 164 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals 1019644 164 DUNGAN,TRACY Mileage&Parking Concessions 1019681 160 RIGID HITCH INCORPORATED Autos Fleet-Fire 259975 154 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 259812 150 BORMAN TODD AR Utility Water Enterprise Fund 260031 150 CHACON ERWIN Clothing&Uniforms Reserves 260048 150 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 259800 147 ANDERSON EMILY Deposits Escrow 259963 147 OMEGA INDUSTRIES Operating Supplies Park Maintenance 259831 141 HOANG LEE AR Utility Water Enterprise Fund 260002 135 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 259935 130 KAISER,DAVID S Equipment Repair&Maint Fitness Center 259883 128 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 259896 127 CEDERSTROM KATIE Travel Expense Police 259979 127 SAMS,BETH Travel Expense Police 259869 125 WEBER,GREGORY J. AR Utility Water Enterprise Fund 1019677 125 MINNESOTA RECREATION&PARK ASSOCIATION Employment Advertising Organizational Services 259921 122 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 259978 122 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 260004 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019597 120 MITTELSTADT,SCOTT Canine Supplies Police 1019619 120 KIDCREATE STUDIO Instructor Service Arts Center 1019673 119 LANDS END CORPORATE SALES Clothing&Uniforms Police 260038 116 COMCAST Cable TV Fire 259926 110 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 259901 105 COMCAST Deposits 494 Corridor Commission 259902 105 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 260083 105 PLEAA Tuition Reimbursement/School Police 260020 104 BLUE TARP FINANCIAL INC Equipment Parts Street Maintenance 259998 101 WEMYSS INC Clothing&Uniforms Fire 6557 100 MONEY MOVERS INC Other Contracted Services Community Center Admin 259804 100 PETTY CASH Petty Cash&Change Funds Water Enterprise Fund 259807 100 ANKLAM GREG AR Utility Water Enterprise Fund 259906 100 DAMA KAVYA P&R Refunds Community Center Admin 259948 100 MILLER AMY Rebates Water Conservation 259949 100 MINNESOTA COUNCIL OF NONPROFITS Deposits 494 Corridor Commission 260093 100 SVENDSEN,PATRICIA Rebates Water Conservation 259856 100 SCHMOLL GREGORY AR Utility Water Enterprise Fund 260014 99 BACAL,AGNIESZKA Operating Supplies Outdoor Center 259825 93 GOODYK DAN AR Utility Water Enterprise Fund 259815 92 CHESTER BRYAN AR Utility Water Enterprise Fund 259937 90 LEE,TIM Rebates Water Conservation 260005 90 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 259851 88 NGUYEN,MONG-HANG AR Utility Water Enterprise Fund 259832 88 JANSEN JOE AR Utility Water Enterprise Fund 259803 87 PAYNE JERAD Deposits Escrow 1019627 83 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 259814 80 CALDWELL JAMES AR Utility Water Enterprise Fund 259964 79 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1019636 75 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019653 75 SCHMIDT,MATT Clothing&Uniforms Police 1019643 73 DANHAUSER,LINDSEY Mileage&Parking Arts Center 260082 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 259841 71 LEE JUIL AR Utility Water Enterprise Fund 259983 70 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 259952 69 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 260071 69 MINNESOTA DEPT OF HEALTH Dues&Subscriptions Utility Operations-General 259854 67 RITA ACQUISITIONS CORP AR Utility Water Enterprise Fund 259823 67 GILMORE KENNETH AR Utility Water Enterprise Fund 1019614 66 GINA MARIAS INC Operating Supplies Reserves 259862 65 TENOLD REBECCA AR Utility Water Enterprise Fund 259951 64 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 260015 64 BEACON ATHLETICS Operating Supplies Park Maintenance 259819 60 DOYLE RICK AR Utility Water Enterprise Fund 259881 60 ASPEN MILLS Clothing&Uniforms Fire 259850 60 MEYER,TODD AR Utility Water Enterprise Fund 259943 59 MEREDITH KATE Deposits 494 Corridor Commission 259915 58 EDEN PRAIRIE HIGH SCHOOL CHOIR DEPARTMEN Miscellaneous Senior Board 259844 58 LINDELL STEVEN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 260086 57 SCHMIT RON Operating Supplies Outdoor Center 259843 56 LINDBLOM DONALD AR Utility Water Enterprise Fund 259811 56 BENOIT JAHMACKONEN AR Utility Water Enterprise Fund 259940 56 MADISON,MELISSA Deposits 494 Corridor Commission 259867 55 WASHINGTON SQUARE C/O CAPITAL PARTNERS AR Utility Water Enterprise Fund 259829 55 HEREDIA MARIA AR Utility Water Enterprise Fund 259824 54 GINDER ANDREW AR Utility Water Enterprise Fund 259830 52 HIEB LISA AR Utility Water Enterprise Fund 259905 52 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 259847 51 MANCINO,THOMAS AR Utility Water Enterprise Fund 259827 51 GRIMM ERIK AR Utility Water Enterprise Fund 259930 50 1NGBER KATE Rebates Water Conservation 259931 50 1NGBER,PEGGY&DAVID Rebates Water Conservation 259965 50 PALMQUIST JOAN&HILDRETH RANDALL Rebates Water Conservation 259981 50 SCHMIT,DAVID Rebates Water Conservation 259961 50 OFFICE OF MN IT SERVICES Other Contracted Services Police 260007 49 ACTIVE 911 INC Software IT Operating 259808 47 B CUBED LLC AR Utility Water Enterprise Fund 259840 45 LECLAIR TOM AR Utility Water Enterprise Fund 260075 45 MPCA Licenses,Taxes,Fees Wasterwater Collection 259822 44 GATES LAURA AR Utility Water Enterprise Fund 260088 44 SIGNSOURCE Office Supplies Administration 1019666 43 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 259855 43 SAVITT JESSICA AR Utility Water Enterprise Fund 259868 40 WEBER ROD AR Utility Water Enterprise Fund 1019638 38 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 259913 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 259914 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 1019671 35 HD SUPPLY FACILITIES MAINTENANCE Small Tools Facilities Staff 259970 33 PRICE LINDSAY Conference/Training Softball 259967 32 PENNY MOLLY P&R Refunds Community Center Admin 1019686 32 UPS Postage Planning 259853 32 PETERSON ADRIAN AR Utility Water Enterprise Fund 260060 32 IDEA CREEK LLC,THE Operating Supplies Fire 259919 30 GALLS LLC Operating Supplies Police 259870 30 WINTERTON DAN AR Utility Water Enterprise Fund 259861 29 TCF BANK ATTN:JON NELSON AR Utility Water Enterprise Fund 259802 29 HALL TARESE Deposits Escrow 260043 28 CROWN MARKING INC Licenses,Taxes,Fees Police 259839 28 KUDELKA DENNIS AR Utility Water Enterprise Fund 1019645 28 FAGNANT,SUSAN Operating Supplies Outdoor Center 260036 27 COMCAST Legal Fire 259848 27 MCINTOSH CARON AR Utility Water Enterprise Fund 259849 26 MCMILLAN JAN AR Utility Water Enterprise Fund 1019588 26 CHOUINARD STACY Mileage&Parking Community Center Admin 259818 25 D'ASCENZO KAREN AR Utility Water Enterprise Fund 259950 25 MINNESOTA DEPARTMENT OF TRANSPORTATION Dues&Subscriptions Street Maintenance 260063 24 JERRY'S ENTERPRISES INC Equipment Parts Fleet Operating 259871 22 ZIEBOL BRENT AR Utility Water Enterprise Fund 259816 22 CONROY CHRISTOPHER AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 259865 22 TITLE WATERMARK AGENCY AR Utility Water Enterprise Fund 259838 22 KORN NORMAN AR Utility Water Enterprise Fund 260011 21 ASPEN MILLS Clothing&Uniforms Animal Control 259863 21 THOMPSON JASON AR Utility Water Enterprise Fund 259836 21 KHAIR BETH AR Utility Water Enterprise Fund 259985 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 259960 21 NELSON,ROBIN Deposits 494 Corridor Commission 259899 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 259860 19 SWEHLA LINDSAY AR Utility Water Enterprise Fund 259866 19 UNDERHILL BYRON AR Utility Water Enterprise Fund 259805 19 ANDERSON ANN AR Utility Water Enterprise Fund 259988 18 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 259846 18 MAHER KATHLEEN AR Utility Water Enterprise Fund 260037 16 COMCAST Cable TV Fire 260040 16 COMCAST Cable TV Fire 259958 15 NADKAMI SHASHWATI P&R Refunds Community Center Admin 259864 14 TIBEBU,JOLANTA AR Utility Water Enterprise Fund 259820 14 EVERT,RANDY&CINDY AR Utility Water Enterprise Fund 259826 14 GRELL AARON AR Utility Water Enterprise Fund 259813 14 BUTLER ALAN AR Utility Water Enterprise Fund 259996 13 WAHLUND KAY P&R Refunds Community Center Admin 259834 13 JOHNSON MIA AR Utility Water Enterprise Fund 259852 12 OSTERN EILY AR Utility Water Enterprise Fund 259809 12 BAKKEN ANDREW AR Utility Water Enterprise Fund 1019682 11 SPS COMPANIES Supplies-Plumbing Maintenance Facility 259806 10 ANDERSON JULI AR Utility Water Enterprise Fund 259857 10 SCHULZ SUZANNE AR Utility Water Enterprise Fund 259845 9 MADISON MARK AR Utility Water Enterprise Fund 259828 9 HANSEN JIM AR Utility Water Enterprise Fund 259833 9 JB'S TRANSFORMATIONS LLC AR Utility Water Enterprise Fund 259859 8 SULLIVAN DECLAN AR Utility Water Enterprise Fund 259969 8 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 259858 8 SHIMKUS RICHARD AR Utility Water Enterprise Fund 259842 8 LEHAR JACQUELYN AR Utility Water Enterprise Fund 259810 7 BAUER PAUL AR Utility Water Enterprise Fund 259821 7 FISHER PATRICIA AR Utility Water Enterprise Fund 259835 7 KELLEY SARA AR Utility Water Enterprise Fund 260041 2 COMCAST Other Contracted Services Police 2,475,370 Grand Total CITY COUNCIL AGENDA DATE SECTION: Report of the Parks and Recreation Director May 1, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Jay Lotthammer, Director Joint Powers Agreement for Oak Point Pool XIV.D.1. Parks and Recreation Requested Action Move to: Waive the twelve month notice provision and terminate the Joint Powers Agreement for Oak Point Pool on June 1,2018. Synopsis On February 20, 2018, Community Education Director Shawn Hoffman Bram,Executive Director of Business Services Jason Mutzenberger, Community Center Manager Valerie Verley and Parks and Recreation Director Jay Lotthammer met to determine the best method to revise or eliminate the agreement for the Oak Point Pool Joint Powers Agreement. The consensus was to eliminate this specific Joint Powers Agreement and let Oak Point Pool operate under the Master Joint Powers Agreement between the City and the District. Background The original Joint Powers Agreement related to Oak Point Pool was signed on April 18, 2002. The agreement outlined items such as;priority of use, fees, supervision, and scheduling. During the school day,the District has been responsible for programming and scheduling the pool,while during non-school times,the City has been responsible for programming, scheduling and renting the pool to other groups.By terminating the specific agreement and having the pool fall under the Master Joint Powers Agreement,the District would take responsibility for all scheduling and operations and the City and other groups would rent directly from the District. Since Oak Point Pool is owned by the District, it is understood that beginning May 31, 2018, District staff will coordinate all scheduling and billing of the pool. The procedures for scheduling of City programs and community groups will be the same as under the Master Joint Powers Agreement(first priority District, second City and third community groups). City Attorney Ric Rosow has reviewed the process for termination.Although the Joint Powers Agreement indicates a notice of not less than 12 months following the serving of the notice,Mr. Rosow believes through mutual intent and effort, an action by the School Board and City Council to waive the notice and terminate the agreement on a specific date would be sufficient. Timeline March 28 Review concept with City/ School Facilities Committee May 1 City Council Action May School Board Action May 31 Effective date of termination Attachment Oak Point Joint Powers Agreement , JOINT POWERS AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 272 AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT made and entered into by and between Independent School District No.272, a Minnesota public school organized under the laws of the State of Minnesota (hereinafter referred to as "School District"), and the City of Eden Prairie,a municipal corporation organized under the laws of the State of Minnesota(herein referred to as "City"). 1. RECITALS 1.1 Purpose. School District is the owner of the real property legally described in Exhibit "A" attached hereto and incorporated herein by reference and entitled"Legal Description of the School District Property." Located upon said property is the Oak Point Intermediate School. The School District owns and operates a swimming pool at Oak Point Intermediate School at this location. 1.2 Joint Powers Act. Minnesota Statutes, Section 471.59 authorizes two or more governmental units,by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties. 1.3 Joint Powers Agreement. The parties to this Agreement desire to enter into a "Joint Powers Agreement" in order to provide for joint use of the swimming pool facility located at the Oak Point Intermediate School. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, it is agreed by and between the parties as follows: 2. SCOPE OF AGREEMENT 2.1 Creation of Joint Powers Agreement. By this Agreement, the parties hereby create a Joint Powers Agreement for the purpose of joint use and operation of a swimming pool facility located at the Oak Point Intermediate School. 3. CONDUCT OF AGREEMENT 3.1 Agreement to be Bound. Upon the execution of this Agreement, the parties agree to be bound by its terms and conditions as set out herein. 3.2 Dispute Resolution Procedure. All disputes arising between the parties involving the interpretation or application of the terms and conditions of this Agreement, including,but not limited to, any alleged breach and the rights and obligations of the parties,both monetary and non-monetary, shall be subject to the dispute resolution procedure set forth herein. 3.2.1 Conference. The first stage of dispute resolution shall be conference. When a dispute has arisen between the parties and is not settled promptly in the normal course of business, the complaining party shall notify the other party of its complaint by means of a brief written statement. The statement shall describe with specificity the wrong and shall set forth the complaining party's position. Within ten (10) days of receipt of the complaining party's written statement, the parties shall meet. Each party may designate those person(s) who will meet as representatives on the party's behalf. The complaining party will present its position, claims, defenses, and other relevant information. Following the complaining party's presentation, the other party will present its position, claims, defenses, and other relevant information. Each party shall have up to one (1) hour to make its presentation. -2- 3.2.2 Mediation. The second stage of dispute within thirty(30) days of receipt of the written complaint, either party may submit the dispute for mediation to the American Arbitration Association, 514 Nicollet Mall, 6th Floor,Minneapolis,Minnesota 55402. The parties understand that the mediation shall be in the Twin Cities Metro Area, the location of which to be established by the mediator. The parties agree that the then-existing Rules of Procedure adopted by AAA shall govern the mediation proceedings. The parties agree to share equally all fees incurred to AAA. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential, except as may be otherwise required by law. If, at the end of eight hours of mediation, the parties have not resolved the dispute, the parties may agree to extend the hours of mediation. 3.2.3 Arbitration. The third stage of dispute resolution is binding arbitration. If the parties are unable to resolve the dispute by means of mediation and the requisite minimum eight (8) hours of mediation have been fulfilled, either party may submit the dispute to binding arbitration. Arbitration proceedings shall be governed by the then-existing rules of the American Arbitration Association, with one exception: if the amount of money involved in the dispute is less than$50,000, there shall be only one arbitrator. The parties agree to bear equal responsibility for the fees of the AAA, including the arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from the AAA, the arbitration shall be held in accordance with the Minnesota Arbitration Act. Notwithstanding any -3- other rule of the AAA or law to the contrary, the parties mutually agree that the arbitrator shall not have authority to award damages. 3.2.4. Compliance. The parties deem the dispute resolution as set forth herein to be an integral and essential part of this Joint Powers Agreement. A party's failure to,comply in all respects with this procedure shall be substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and may, as a condition precedent to arbitration,require the parties to comply with the conference and mediation stages. 4. JOINT FACILITIES COMMITTEE 4.1 Purpose. For the duration of this Agreement, there shall be established a Joint Swimming Pool Facility Committee,the purpose of which is to oversee supervision and f ; management of the swimming pool facility at Oak Point Intermediate School and implementation of the terms and conditions of this Agreement. The School Board and City Council shall each appoint two or more representatives to serve on the Committee,one of whom shall be the building principal or designee. The Committee shall meet at least twice each year, and at such times as may be requested by either party. 5. REPAIRS CAUSED BY USERS 5.1. Repairs Caused by Users. Repairs and damage arising out of use, whether negligent or intentional acts, not reimbursed by applicable insurance policies, shall be the responsibility of the party, City or School District, which causes the damage. If it cannot be determined which party caused the damage, the parties will share equally in any expenses not reimbursed by applicable insurance policies. -4- 6. SUPERVISION AND MANAGEMENT 6.1 Supervision and Management. During non-school hours, the City shall be solely responsible for occupant supervision and management of the Oak Point swimming pool operation, which includes scheduling hours of operation. The District shall be responsible for maintenance and facilities and safety supervision at all times, during both school hours and non- school hours. In addition, during school hours, the District shall be responsible for occupant supervision and scheduling hours of operation. A party shall not be responsible for the supervision of the use,by the other party or any third parties whose use is not occasioned through any program, obligation or authorization of the party, of that part of the facility owned by the party. 6.2 School District Priority. The School District shall have priority usage of the Oak Point pool,provided that the School District schedules its usage in compliance with rules and procedures for the use and scheduling of the pool to be implemented by the Joint Facilities Committee. The policies and procedures to be adopted by the Joint Facilities Committee shall include a provision to permit the School District to schedule on a priority basis the usage of the pool, while at the same time providing those rules and procedures under which the City may commit to the pool's usage for its own use and the use of third parties. 7. RENTAL RATES AND MINIMUM USAGE 7.1 The School District shall charge the City for the use of Oak Point pool at the same rental rate the City charges the School District for the use of the Community Center pool except as noted herein. This rate is established each year through the City's fee resolution. Rental rates are to be reviewed and updated on January 1 of each year. -5- The School District shall limit its rental rate for Oak Point pool to the following hourly fees: a. 25 yard, 6 lane fee (2002 rate $31.50 per hour prime time) ($27.00/hour non- prime time) (Same square foot rate as prime time rate at Community Center Pool.) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday(prime time) Hours: 5:00 p.m. through 9:00 p.m. Monday through Saturday(non-prime time) No scheduled Sunday Hours b. Whole pool fee (includes 6 lane large pool and water slide pool,2002 rate $55.00/hour prime time) ($45.00/hour non-prime time) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday(prime time) Hours: 5:00 p.m. through 9:00 p.m.Monday through Saturday(non-prime time) No Scheduled Sunday Hours c. 25 yard, 6 lane Sunday and holiday fee(declared school holidays)normal rate PLUS $31.50/hour. d. Whole pool Sunday and holiday fee (declared school holidays, i.e. July 4, Thanksgiving,Friday following Thanksgiving,December 25, January 1, Memorial Day,Labor Day)normal rate plus $55.00/hour. -6- 7.2. The City shall rent a minimum of 900 hours per year for City programs, including swimming lessons, lap swim water aerobics and open swim sessions,etc. This commitment may be reduced if the School District initiates recreational programs or expands swim team use during the same time periods. The City shall rent the pool to third parties for additional use at the same rental rate based on the amount of time available to the City after School District swim teams and the City have reserved their times. 8. PARKING 8.1 Hours When School is in Session. It is contemplated that the School District will schedule use of the Oak Point pool and parking lot for all or substantially all of the hours when school is in session. There is little or no parking available during the hours when school is in session. Prior to scheduling the use of the pool when school is in session,the City shall provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 8.2 Special Events. The School District shall keep the City informed of School District special events which would potentially cause there to be a shortage of parking for use at the Oak Point swimming pool facility. Prior to scheduling use of the Oak Point swimming pool during hours of School District special events, the City shall provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 8.3 Hours When School Is Not In Session. When school is not in session, and except for the special event provision as set forth above, the parking lot shall be available for use for persons participating in swimming pool activities. The Joint Facilities Committee shall -7- implement rules regarding parking for this purpose to the extent either party deems such rules necessary and makes a request for rules to be implemented. 9. STAFF 9.1 Employees. Notwithstanding responsibilities to each's property and facilities, employees of the parties shall remain employees of their respective entities for any and all purposes including,but not limited to, salaries, wages and other compensation or fringe benefits, worker's compensation,unemployment compensation, teachers' or public employees' retirement, social security,liability insurance,keeping of personnel records,termination of employment,individual contracts and continuing or other contract rights. 10. PROPERTY INSURANCE 10.1 Real Property. The Oak Point swimming pool shall be included in the School District property insurance policy. The swimming pool and all fixtures and property attached to the real property shall be included in the School District's property insurance policy. 10.2 Personal Property. Each party shall separately insure their personal property and fixtures. 10.3 Term. Said policy shall be kept in effect during the entire term of this Agreement. A copy of the policy shall be provided to the other party upon request. 11. PUBLIC LIABILITY INSURANCE 11.1 Policy. Each party shall obtain a policy of public liability insurance protecting itself and its officers, agents and employees against any usual and customary public liability claims arising out of the operation of its respective obligations in respect to the swimming pool facilities. The limits of liability shall not be less than$200,000.00 per person and $600,000.00 -8- per occurrence. Each policy of insurance shall name the other party and its officers, agents, and employees as additional named insureds. 11.2 Term. Said policy shall be kept in effect during the entire term of this Agreement. A copy of the policy shall be provided to the other party upon request. 12. TERMINATION OF AGREEMENT 12.1 Term. This Agreement shall continue in effect until terminated as hereinafter provided. 12.2 Notice of Termination. Either party may terminate this Agreement by serving notice of termination as provided herein. Said notice shall specify the effective date of termination which shall not be less than twelve (12) months following service of notice. 12.3 Effective Termination. The rights and obligations of the parties pursuant to this Agreement shall continue through the effective date of termination. Effective following termination, the City shall have no further rights in respect to the swimming facility, and neither party shall be responsible to the other party of any further costs or expenses. 13. NOTICES 13.1 Notices. Any and all notices and demands by or from City to School District, or from School District to City, shall be in writing and shall be validly given or made if served either personally or if deposited in the United States mail,certified or registered,postage prepaid, return receipt requested. If such notice be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice or demand be served by registered or certified mail in the manner herein provided, service shall be conclusively deemed made forty-eight (48) hours after the deposit thereof in the United States mail addressed to the party to whom such notice is to be given. -9- • ' e r Any notice or demand to School District shall be addressed to School District at: Independent School District No. 272 8100 School Road Eden Prairie,MN 55344 Any notice or demand to City shall be addressed to City at: The City of Eden Prairie Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 14. AMENDMENTS 14.1 Amendments. No amendments shall be made to this Agreement except in writing signed by the authorized representative of each party following approval by the respective governing body's board. 15. OBLIGATIONS 15.1 Obligations of Parties. The obligations of each party to third parties shall not be the obligations of the other party except as specifically provided in writing and approved by the governing body of each party in accordance with applicable law. 15.2 Liability. Neither party shall incur liability for personal injury or property damage to students attending school within the School District or to third parties merely because of the existence of this Agreement. 16. DEFAULT 16.1 Default. It shall be a default under this Agreement if either party shall fail to make any payment required on or before the date that the payment is due, or if either party should fail to observe or perform any other obligation, agreement,or covenant on its part for a period of thirty(30) days after receipt of written notice from the other party specifying the default and requesting that it be remedied. If an event of default has happened or is existing, the -10- other party may take whatever action at law or in equity that may appear necessary or appropriate to collect the amounts then due and thereafter to become due, or to enforce performance and observation of any obligation, agreement, or covenant of the other party under this Agreement. No remedy conferred upon or reserved to the non-defaulting party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,but any such right and power may be deemed expedient. In the event any agreement contained in this Agreement shall be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 17. INTERPRETATION 17.1 Captions; Headings. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 18. SAVING CLAUSE 18.1 Savings. Should any provision or article of this Agreement be found unlawful, the other provisions of this Agreement shall remain in force and effect if by doing so the purposes of this Agreement taken as a whole in light of the authorizing statute can be made operative. Should any such provision or article be found unlawful,the parties shall meet for the purpose of arriving at an Agreement on a lawful provision or amendment to replace the unlawful provision. -11- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. - INDEPENDENT SCHOOL DISTRICT NO. 272 Dated: / $' .Z0 0 2-- BY: �— Its Chair AND `C L. GiQ,. Its Clerk CITY OF EDEN PRAIRIE Dated: 4o4 ) cy, POo a- BY: .40 _,. ._ . --i�� is .•�o NI , / r BY: AAL Ii�I Its City 7 ager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The forgoing instrument was acknowledged before me this /0\' day of 2002,by e.oh p-e, ZoNtyLe,e/t,„) and by • I ,7cz v-c. i /i&-adv.4 respectively the Chair and Clerk of Independent School District No. 272, a Minnesota public school, on behalf of said corporation. LYNA ��/ " NOTADARY PKU Y BLIC INNE80TALEVERINQ e/I W'fQi ,• . MY COMMISSION WIRES 1,1140 Notarublic • r. STATE OF MINNESOTA ) ) ss , COUNTY OF HENNEPIN ) The for oing instrument was acknowledged before e this o?9 day of � / � ke1 S and by 2002, by V/ J /Q 1/�' of Cify of Eden Prairie, a Minnesota • municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Ardife&X) i'l - e--,,,, KATHLEEN A. PORTA 4 NOTARY PUBUC•MSNNESOTA y'` Notar P 5 'V 5.<, `'`• My Commission Expires Jan 31,2005 -12- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A. Outlots 1 and C, Research Farm, Second Addition. (Outlots B and C have been replatted into Research Farm,Third Addition). B. That part of Outlots D and F,RESEARCH FARM 2ND ADDITION, and that part of vacated Research Road ads dedicated in the plat of RESEARCH FARM ADDITION, described as follows: Beginning at the most northerly corner of said Outlot D; thence southwesterly along the westerly line of said Outlot D, 260.25 feet; thence South 10 degrees 33 minutes West along the westerly line of said Outlot D, 175.00 feet to the beginning of curve; thence southwesterly along a tangential curve to the right, along the westerly line of Outlot D, and the southwesterly extension of said curve, through Research Road to the most northeasterly corner of Outlot C; thence continuing along the common line between Outlots C and F of said RESEARCH FARM 2ND ADDITION, 408.55 feet; thence South 88 degrees 15 minutes East, 78.42 feet; thence northeasterly 541.58 feet along a tangential curve, to the left,having a central radius of 530.00 feet; thence North 33 degrees 12 minutes 08 seconds East, tangent to the last described curve, 550.00 feet to the northerly line of said Outlot D; thence northwesterly along the northerly line of said Outlot D, 200.00 feet to the point of beginning. -13- • t, � r ` FIRST AMENDMENT TO JOINT POWERS AGREEMENT THIS AGREEMENT is made as of June 6, 2005 between Independent School District No. 272, a Minnesota Public School organized under the laws of the State of Minnesota (hereinafter referred to as the "School District") and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota (hereinafter referred to as the"City"). RECITALS: A. The School District and the City have entered into a Joint Powers Agreement executed on April 18th and 24th, 2002 (the "Joint Powers Agreement"), pursuant to Minn. Stat. § 471.59, with respect to the joint use and operation of a swimming pool facility located at the Oak Point Intermediate School ("Oak Point"). B. The City desires to install a wireless WLAN network connection at Oak Point to allow City staff to enter time card information and review class schedules at Oak Point. C. Unless otherwise provided herein, all capitalized words and terms in this First Amendment shall have the same meanings ascribed to such words and terms as in the Joint Powers Agreement. All reference to the Joint Powers Agreement shall mean the Joint Powers Agreement, as hereby amended, whether or not such reference shall expressly refer to this First Amendment. NOW, THEREFORE, in consideration of the mutual understanding and agreement herein set forth, the parties agree as follows: 1. •Installation. The City shall install a wireless WLAN network connection at Oak Point, which includes installation of an antenna and wireless equipment on the roof of Oak Point and a time clock and computer station at the service counter located outside the Oak Point Pool (hereinafter referred to as the "Equipment"). The location of the Equipment and the manner of installation are subject to the School District's prior written approval, which approval will not be unreasonably withheld. The City shall provide design plans indicating the proposed location of the Equipment for the School District's review. The School District must approve the plans before the installation work is initiated. 2. Owner ship and Service of the Equipment. The City shall retain full ownership of the equipment, Further, the City shall be responsible for any and all service and maintenance required of the Equipment. The City shall ensure the Equipment is maintained in a reasonable and safe condition in accordance with good engineering practices. The City will make repairs or complete needed maintenance promptly. 3. Use of Equipment. The Equipment shall be for the sole use of the City. The City shall be responsible for securing the Equipment when not in use. 4. Liability. The City assumes all liability regarding the installation and use of the Equipment and shall indemnify the School District for any and all damage caused at Oak Point due to the installation of the Equipment. The School District shall not be liable for 1 any loss or damages arising out of the City's installation and use of the Equipment at Oak Point, including specifically any damage or destruction of the Equipment, or any consequential damages due to interruption of the City's wireless WLAN network connection at Oak Point or loss of data. 5. Except as expressly provided in this First Amendment, all provisions of the Joint Powers Agreement remain in full force and effect and are not modified by this First Amendment, and the parties hereby ratify and confirm each and every provision thereof. 6. In the event the City ceases use of the Equipment, or upon termination of the Joint Powers Agreement, the City shall, at its sole expense, remove its Equipment and restore the School District's property to substantially the same condition existing prior to installation, reasonable wear and tear excepted. In the event the School District undertakes maintenance of Oak Point requiring the temporary relocation or removal of the Equipment, the School District shall notify the City of the date by which the temporary relocation or removal must be completed provided, however, that the School District shall give the City at least thirty (30) days in which to complete the temporary relocation or removal. 7. This First Amendment constitutes the entire agreement between the parties with respect to the subject matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated in this First Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Joint Powers Agreement) are superseded and have no further force or effect. 8. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 9. This First Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns under the Joint Powers Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by the authority of their respective governing bodies. INDEPENDENT SCHOOL DISTRICT CITY OF EDEN PRAIRIE NO. 272 .�B y By ✓��..A Its: air Its: AM" ice► BY BY Its: Superintendent n Its: ity Manager V � Dated: Dated: STATE OF MINNESOTA ) 2 y�,� )ss. COUNTY OF t_LA_A . -A ) p pp is instrument was acknowledged befo e me on the I LI d of June, 2005, b Veit; as Chair and by Y I dependent School strict No. 272, a Minnesota Publ' as Superintendent of is School, on behalf of said corporation. N tary Public 114 JESSICA A McCANDLESS STATE OF MINNESOTA ) 1'' •" 't ".(1 Notary Public J // /�,(��e Minnesota COUNTY OF / /,0 )Ss is' My Commission Expires January 91.2006 ) This i rument was acknowledged before me on the /S day of June, 2005, by /Va t-4 h.s. as Mayor and by , 'p7f �R as CityManager of the City Eden Prairie, a municipal corporation, on behalf of saidio g corporation. y;10,u)d',m4c Notar Public 1 ,. KATHLEEN A. PORTA p,!110., EDEN PRAIRIE CITY CLERK q S- ' NOTARY PUBLIC-MINNESOTA ti,V My Commission Expires Jan.31,2010 3