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Home My WebLink About2015-12-15 City Council MeetingAgenda City Council Meeting City of Edina, Minnesota City Council Chambers Tuesday, December 15, 2015 7:00 PM I.Call To Order II.Roll Call III.Approval of Meeting Agenda IV.Adoption of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve.) A.Approval of Minutes - Regular Meeting of December 1, 2015 and Work Session of December 1, 2015 B.Receive Payment of Claims As Per: Pre-List Dated 11/25/2015 TOTAL: $2,196,358.27 C.2016 Boards & Commissions Work Plans D.Select date for Edina's 2016 Annual Volunteer Recognition Reception E.Select date for the 2016 Annual Meeting with Boards and Commissions F.Request For Purchase: RICE Compliance Generator Retro->t - City Hall G.Request For Purchase: RICE Compliance Generator Retro->t - West 50th Street H.Request For Purchase: RICE Compliance Generator Retro->t - Ruth Dr. I.Request for Purchase: RICE Compliance Generator Retro->t - Parklawn Ave. J.Request For Purchase: RICE Compliance Generator Retro->t - Dublin Rd. K.Request For Purchase: RICE Compliance Generator Retro->t - 2nd Street L.Request for Purchase: Roof Repairs at Edinborough Park M.Request For Purchase: Surveillance System Braemar Golf Course N.Accepting Restricted Donation from Aquajets, Aquatic Center O.Request For Purchase: Main Pool Filter Replacement at Aquatic Center P.Request for Purchase: Authorize Engineering Services for Tracy Avenue - Final Design and Construction Administration Q.Request for Purchase: Authorize Engineering Services for Morningside A and White Oaks C Neighborhood Roadway Reconstruction - Final Design and Construction Administration R.Request for Purchase: Addition of Workstation in 911 Communications Center S.TraEc Safety Report of November 4, 2015 T.Resolution No. 2015-129 Approving Master Partnership Contract with State of Minnesota U.Parks, Recreation and Trails Strategic Plan Adoption V.Request for Purchase: Fire Suppression Systems for City Datacenters V.Special Recognitions And Presentations A.Carleton Externs - Quality of Life Survey Analysis B.Speak Up, Edina November Discussion VI.Public Hearings During "Public Hearings," the Mayor will ask for public testimony after City staJ members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the eEcient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Mayor may modify times, as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A.Public Hearing: Consider Competitive Franchise Agreement With Qwest Broadband Services, Inc. d/b/a Century Link, Resolution No. 2015-132, Ordinance No. 2015-26 B.Public Hearing: Consider Vacation of Public Right-of-Way, 3460 & 3501 Galleria - Continue To January 20, 2016 VII.Community Comment During "Community Comment," the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staJ for consideration at a future meeting. VIII.Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) A.Resolution No. 2015-121: Setting 2016 Tax Levy and Adopting 2016 Operating Budget B.Resolution 2015-131 Calling for Public Hearing for 66 West Tax Increment Financing District C.Resolution No. 2015-130: Accepting Various Grants & Donations D.Approve Lease Agreement with Cooperative Energy Futures for Community Solar Garden on Public Works Building. IX.Correspondence And Petitions A.Correspondence B.Minutes 1.Minutes: Arts and Culture Commission, October 22, 2015 2.Minutes: Heritage Preservation Board, November 10, 2015 3.Minutes: Planning Commission, November 11, 2015 X.Aviation Noise Update XI.Mayor and Council Comments XII.Manager's Comments A.The Grandview Green XIII.Schedule of Meetings, Events & Dates As Of December 15, 2015 XIV.Adjournment AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY I.Call to Order II.Roll Call III.Approval Of Agenda IV.Approval of Minutes - November 17, 2015 HRA Minutes V.Resolution 2015-05 Requesting Public Hearing for 66 West Tax Increment Financing District VI.Consider Vacation of Public Right-of-Way, 3460-3501Galleria - Continue Action to January 20, 2016 VII.Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing ampli>cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: December 15, 2015 Agenda Item #: IV.A. To:Mayor and City Council Item Type: Minutes From:Debra A. Mangen, City Clerk Item Activity: Subject:Approval of Minutes - Regular Meeting of December 1, 2015 and Work Session of December 1, 2015 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion to approve the minutes as presented. INTRODUCTION: ATTACHMENTS: Description Draft Minutes of Work Session December 1, 2015 Draft Minutes of Regular Meeting December 1, 2015 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 1, 2015 5:30 P.M. Mayor Hovland called the work session of the Edina City Council to order at 5:30 p.m. ROLL CALL Answering roll call was: Members Brindle, Staunton S t e w a r t , S w e n s o n , a n d M a y o r Hovland. Edina City Staff attending the meeting: Jennifer Bennerotte, Communication & Technology Services Director; Ross Bintner, Environmental Engineer; Ann Kattreh, Parks & Recreation Director; MJ Lamon, Project Coordinator; Kay McAloney, Human Resources Director; Devin Massopust, City Manager Fellow; Debra Mangen, City Clerk; Chad Millner, Engineering Director; Scott Neal, City Manager; Dave Nelson, Police Chief; Brian Olson, Public Works Director; Eric Roggeman, Finance Director; Kyle Sawyer, Assistant Finance Director; Lisa Schaefer, Assistant City Manager; Tom Schmitz, Fire Chief; and Cary Teague, Community Development Director. 2016 BOARD AND COMMISSION PROPOSED WORK PLANS Manager Neal presented his recommendations for the 2016 Board and Commission Work Plans. He pointed out on each work plan where his recommendation differed from the Board or Commissions proposal. Council gave direction and noted the Work Plans would be adopted at the December 15, 2015 meeting. 2016-2017 BUDGET The Council reviewed and discussed the proposed 2016-2017 Operating Budget and Tax Levy. Finance Director Roggeman review approximately five scenarios the Council could consider. Council members discussed the pros and cons of the possible scenarios without coming to a consensus. ADJOURNMENT Mayor Hovland adjourned the meeting at 6:53 p.m. Respectfully submitted, Debra Mangen, City Clerk Minutes approved by Edina City Council, December 15, 2015 James B. Hovland, Mayor Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 1, 2015 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:07 p.m. II. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. III. MEETING AGENDA APPROVED Member Staunton made a motion, seconded by Member Brindle, approving the meeting agenda, as amended to consider Item VI.C. Comprehensive Plan Amendment and Preliminary Development Plan and Rezoning at 6612 Xerxes and 3101 66th Street West for Bull Moose Construction – Resolution No. 2015-119 and Resolution No. 2015-120 prior to Item VI.A. Amending City Code Chapter 2 Section 2-724 Schedule A, Setting Fees for 2016 – Ordinance No. 2015-25. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. CONSENT AGENDA ADOPTED Member Swenson made a motion, seconded by Member Stewart, approving the consent agenda as follows: IV.A. Approve regular and work session meeting minutes of November 17, 2015 IV.B. Receive payment of the following claims as shown in detail on the Check Register dated November 12, 2015, and consisting of 37 pages; General Fund $211,347.83; CDBG Fund $43,845.00; Police Special Revenue $740.00; Pedestrian and Cyclist Safety Fund $482.00; PIR Debt Service Fund $875.00; Working Capital Fund $135,091.29; Equipment Replacement Fund $38,701.76; Cando Fund $1,152.76; Art Center Fund $294.19; Golf Dome Fund $4,040.98; Aquatic Center Fund $2,640.00; Golf Course Fund $48,844.91; Ice Arena Fund $39,561.69; Sports Dome Fund $1,115.58; Edinborough Park Fund $13,035.86; Centennial Lakes Park Fund $5,439.26; Liquor Fund $119,742.35; Utility Fund $443,852.76; Storm Sewer Fund $7,542.68; Risk Management ISF $7,637.44; PSTF Agency Fund $5,300.52; Centennial TIF District $18,301.45; Payroll Fund $10,340.94; TOTAL $1,159,926.25 and for receipt of payment of claims dated November 19, 2015, and consisting of 35 pages; General Fund $366,623.10; Police Special Revenue $1,191.16; Pedestrian and Cyclist Safety Fund $84.00; Arts and Culture Fund $500.00; Working Capital Fund $6,006.03; Cando Fund $18,306.90; Art Center Fund $2,434.55; Golf Dome Fund $167.24; Aquatic Center Fund $59.65; Golf Course Fund $432,261.98; Ice Arena Fund $7,824.39; Sports Dome Fund $6,969.11; Edinborough Park Fund $9,008.79; Centennial Lakes Park Fund $1,268.88; Liquor Fund $291,494.49; Utility Fund $39,372.55; Storm Sewer Fund $1,004.47; Recycling Fund $36,187.38; Risk Management ISF $252.95; PSTF Agency Fund $4,839.40; TOTAL $1,225,857.02 Minutes/Edina City Council/December 1, 2015 Page 2 IV.C. Adopt Ordinance No. 2015-24, Amending Chapter 2 Concerning Boards and Commissions IV.D. Approve 2016 Calendar of Meetings with Revisions IV.E. Adopt Resolution No. 2015-117, Approving Ambulance and Miscellaneous Fire Fees for 2016 IV.F. Adopt Resolution No. 2015-118, Approving Park and Recreation Fees for 2016 IV.G. Approve 2016 Human Services Funding Recommendation IV.H. Request for Purchase, Finance Department Utility Billing Electronic Bill Pay and Presentment, awarding the bid to the recommended bidder, Paymentus at $1.90 per transaction IV.I. Adopt Resolution No. 2001-122, Approving Deferral of Special Assessments IV.J. Approve 2016 Board/Commission Applicant Interview Dates IV.K. Approve Local 44 2016-2017 Bargaining Unit Contract IV.L. Approve Cooperative Agreement between Edina and the Nine Mile Creek Watershed District for the Nine Mile Creek Restoration Project Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. V. SPECIAL RECOGNITIONS AND PRESENTATIONS None. VI. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VI.C. COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN AND REZONING AT 6612 XERXES AND 3101 66TH STREET WEST FOR BULL MOOSE CONSTRUCTION – RESOLUTION NO. 2015-119 AND RESOLUTION NO. 2015-120 ADOPTED Community Development Director Presentation Community Development Director Teague shared that Bull Moose Construction was proposing to tear down the old Best Buy retail building at 3101 66th Street W and the single family home at 6612 Xerxes Avenue and build a six-story, 210 unit apartment with an attached 1,760 square foot coffee shop with outdoor seating on York Avenue. To accommodate the request, three amendments to the Comprehensive Plan were requested: height increase from 70 feet to 75 feet, housing density increase from 75 units to 105 units per acre, and re-guiding the single-family home from Low Density Residential to Community Activity Center. The following land use applications were also requested: preliminary rezoning from Planned Commercial District and Single Dwelling Unit District to Planned Unit Development and preliminary development plan. Mr. Teague presented maps of the area and revisions from the original sketch plan. The Planning Commission and staff recommended approval. Proponent Presentation Kurt Krumenauer, Bull Moose Construction, introduced Pete Keely, Collage Architects. Mr. Keely discussed the pedestrian connection on the northwest corner, talked about underground parking, and presented the materials board. Mr. Keely answered questions of the Council relating to wheelchair accessibility, shadow effect, and the Southdale principles. Minutes/Edina City Council/December 1, 2015 Page 3 Mayor Hovland opened the public hearing at 7:51 p.m. Public Testimony Nancy Bahr, 6620 Xerxes Avenue, addressed the Council. Todor Braianova, 6616 Xerxes Avenue, addressed the Council. George Griffiths, 4444 Dunham Dive, addressed the Council. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Mr. Teague addressed issues raised during public testimony, describing City code requirements for parking and how the applicant was meeting or exceeding requirements. Mr. Keely answered questions relating to parking, privacy screening to the South, and emergency vehicle access to the site. Chuck Ricket, WSB and Associates, answered questions concerning parking and trips generated. Member Swenson introduced and moved adoption of Resolution No. 2015-119, Approving a Comprehensive Plan Amendment Regarding Density, Height, and Land Use, subject to Metropolitan Council approval. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. The Council continued to discuss the project and possible future development in this area. Manager Neal discussed the possibility of creating a redevelopment district or tax abatement district. The Council decided to add language to Condition of Approval No. 7. stating, "…and City staff and the developer will explore expanding affordable housing units to ten percent (10%) with potential funding from the Edina Housing Foundation. The Council also added Condition of Approval No. 12. stating, “Applicant agrees to cooperate in efforts by the City to capture future value to fund infrastructure.’ and Condition of Approval No. 13. stating, “Submittal of a Construction Management Plan.” Member Brindle introduced and moved adoption of Resolution No. 2015-120, Approving Preliminary Rezoning from PCD-3, Planned Commercial District and R- 1, Single Dwelling Unit District to PUD, Planned Unit Development and Preliminary Development Plan for 6612 Xerxes Avenue and 3101 66th Street West, subject to the following conditions: 1. The Final Development Plans must be generally consistent with the Preliminary Development Plans dated October 12 and 30, 2015. Final plans must show all mechanical equipment and the means to screen it. No ground level mechanical equipment shall be located in front of the building on a public street. Minutes/Edina City Council/December 1, 2015 Page 4 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 3. The Final Lighting Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 4. Submittal of a complete sign plan for the site as part of the Final Development Plan application. Signage should include monument sign locations and size, way finding signage, and wall signage. 5. Compliance with all of the conditions outlined in the director of engineering's memo dated November 5, 2015. 6. As part of a Developer's Agreement, the property owner would be required to participate in appropriate cost sharing improvements to the 66th and York intersection, which may include elimination of the right turn lane, providing green space and improving pedestrian crossings. 7. Five percent (5%) of the housing units shall be designed for affordable housing. Specific detail would be determined at the time of final approval. Explore increasing the affordable housing units to ten percent (10%) with the Edina Housing Foundation. 8. Sustainable design principles must be used per the application narrative. The building shall be designed to be 15% more energy efficient than the current state energy code guidelines. A plan of how standards are intended to be met must be submitted prior to issuance of a building permit. 9. Final Rezoning is subject to a Zoning Ordinance Amendment creating the PUD, Planned Unit Development for this site. 10. Trash removal and deliveries shall take place off the Southdale Circle entrance. 11. Proposed boulevard trees shall be subject to review and approval of Hennepin County. 12. The Applicant must cooperate and partner with the City to secure to future funding sources for public roadway and improvements and pedestrian crossings. 13. Submittal of a Construction Management Plan, subject to staff approval, prior to issuance of a building permit. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.A. AMENDING CITY CODE CHAPTER 2 SECTION 2-724, SCHEDULE A, SETTING FEES FOR 2016 – ORDINANCE NO. 2015-25 ADOPTED Assistant Finance Director Roggeman shared that each year staff completed a review of fees and charges and recommended those that should be updated. A public hearing was required and staff recommended waiving second reading. Mayor Hovland opened the public hearing at 8:46 p.m. Public Testimony No one appeared to comment. Member Stewart made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Minutes/Edina City Council/December 1, 2015 Page 5 Member Brindle made a motion to grant First and waive Second Reading adopting Ordinance No. 2015-25, Amending City Code Chapter 2, Section 2-724, Schedule A, Setting Fees for 2016. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.B. SETTING 2016 TAX LEVY AND ADOPTING 2016 OPERATING BUDGET – RESOLUTION NO. 2015-121 POSTPONED TO DECEMBER 15, 2015, CITY COUNCIL MEETING Manager Neal explained this process involved a lot of input from staff and Council and tonight Mr. Roggeman would present the 2016 Tax Levy and Operating Budget for the Council’s consideration. Mr. Roggeman presented a definition of terms, the biennial budget process and timeline, 2016- 2017 budget challenges and work plan themes, 2016 budget options, and tax comparisons. Staff recommended the preliminary levy be approved as final as shown in Resolution No. 2015-121. It was noted that, the Council would be required by statute adopt an operating budget no later than the December 15, 2015, City Council meeting. Mr. Roggeman answered a question of the Council relating to tax capacity. Mayor Hovland opened the public hearing at 9:20 p.m. Public Testimony Chris Johnson, 5308 Highwood Drive W, addressed the Council. Chris Dorsey, 5513 Meritt Circle, addressed the Council. Russell Fystrom, 3329 55th Street W, addressed the Council. Bethany Michaelson, 4520 56th Street W, addressed the Council. Roberta Rand, 6924 Cornelia Drive, addressed the Council. Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. At the Council’s request, Bob Wilson, City Assessor, described the process of notification, Board of Appeals process, and opportunities for relief. Mr. Neal explained the City's use of liquor profits to first cover recreation enterprises and with any surplus going to the operating budget. The Council decided to postpone action on the levy and budget until the December 15, 2015, City Council meeting in order to continue consideration all of options. Member Swenson made a motion, seconded by Member Stewart, to postpone action on the 2016 Tax Levy and Operating Budget to the December 15, 2015, City Council meeting. Minutes/Edina City Council/December 1, 2015 Page 6 Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI.C. COMPREHENSIVE PLAN AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN AND REZONING AT 6612 XERXES AND 3101 66TH STREET WEST FOR BULL MOOSE CONSTRUCTION – RESOLUTION NO. 2015-119 AND RESOLUTION NO. 2015-120 This item was considered prior to Agenda Item VI.A. VII. COMMUNITY COMMENT Yolanda Petre, 6932 Cornelia Drive, stated she represented a group from Cornelia Drive that had three requests: a meeting with the project team; continued open channel for communication; and, a project delay until all details were examined. Grace Nimmons, 6217 Belmore Lane, expressed concern for Edina residents who received their mail through the Hopkins postal system. She felt she was missing important mail from the City of Edina. Ms. Nimmons also expressed concerned over the six-hour parking statute stating it was not widely advertised or known. Roberta Rand, 6924 Cornelia Drive, expressed concern over the possible loss of 60-year-old trees due to the sidewalk construction planned for Cornelia Drive VIII. REPORTS / RECOMMENDATIONS VIII.A. APPROVE LEASE AGREEMENT WITH COOPERATIVE ENERGY FUTURES FOR COMMUNITY SOLAR GARDEN ON PUBLIC WORKS BUILDING – REFERRED TO LEGAL COUNSEL AND POSTPONED TO DECEMBER 15, 2015, CITY COUNCIL MEETING Engineer Bintner explained that in August 2015 the Council directed staff to develop a request for proposal from solar developers for a Community Solar Garden. On October 20, 2015, the Council authorized staff to sign a letter of intent to negotiate a lease agreement with Cooperative Energy Futures partnered with Innovative Power Systems. Mr. Bintner discussed lease terms, benefits, risks, and next steps. Mr. Bintner answered questions of the Council relating to risks for the City and the ability to advertise. The Council pointed out several areas of concern with the proposed lease as written. Mr. Neal recommended the Council not take action of the lease and have staff work with its legal counsel to make revisions. The matter will be brought back for consideration at the December 15, 2015 meeting for consideration. VIII.B. RESOLUTION NO. 2015-113 ADOPTED – ACCEPTING VARIOUS GRANTS AND DONATIONS Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Swenson introduced and moved adoption of Resolution No. 2015-113 accepting various grants and donations. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Minutes/Edina City Council/December 1, 2015 Page 7 IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council’s receipt of various correspondence. IX.B. DISBANDING OF BIKE EDINA WORKING GROUP – Received IX.C. MINUTES: 1. ENERGY AND ENVIRONMENT COMMISSION, OCTOBER 8, 2015 2. ARTS AND CULTURE COMMISSION, AUGUST 27, 2015 3. EDINA TRANSPORTATION COMMISSION, OCTOBER 22, 2015 4. PLANNING COMMISSION, OCTOBER 28, 2015 5. HUMAN RIGHTS AND RELATIONS COMMISSION, OCTOBER 27, 2015 Informational; no action required. X. AVIATION NOISE UPDATE – Received XI. MAYOR AND COUNCIL COMMENTS – Received XII. MANAGER’S COMMENTS – Received XIII. SCHEDULE OF MEETINGS, EVENTS AND DATES AS OF OCTOBER 1, 2015 – Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 11:20 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, December 15, 2015. James B. Hovland, Mayor Video Copy of the December 1, 2015, meeting available. Date: December 15, 2015 Agenda Item #: IV.B. To:Mayor and City Council Item Type: Claims From:Eric Roggeman, Finance Director Item Activity: Subject:Receive Payment of Claims As Per: Pre-List Dated 11/25/2015 TOTAL: $2,196,358.27 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve claims for payment. INTRODUCTION: Claims information for approval is attached. ATTACHMENTS: Description Claims Pre-List Dated 11/25/2015 TOTAL: $2,196,358.27 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Supplier / Explanation PO # Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Doc No Inv No Account No Subledger Account Description Page - 1 Business Unit 2298 11/25/2015 118261 2ND WIND EXERCISE INC. 132.00 EQUIPMENT REPAIRS 387528 021050051 5720.6180 CONTRACTED REPAIRS EDINBOROUGH OPERATIONS 132.00 2299 11/25/2015 133644 A DYNAMIC DOOR CO INC. 1,466.98 GARAGE DOOR REPAIR 387461 21511021 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 1,466.98 2300 11/2512015 102971 ACE ICE COMPANY 44.80 387332 1949376 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 45.60 387622 1951451 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 90.40 2301 11/25/2015 103680 ARAMARK REFRESHMENT SRVCS 376.12 COFFEE 387372 1202379 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 376.12 2302 11/25/2015 101355 BELLBOY CORPORATION 157.57 387335 92999000 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 141.57 387624 92999100 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 299.14 2303 11/25/2015 100648 BERTELSON OFFICE PRODUCTS 74.68 ENVELOPES, PAPER 00002100 387533 WO-156154-1 5710.6513 OFFICE SUPPLIES EDINBOROUGH ADMINISTRATION 61.23 ENVELOPE TAGS 00002100 387534 WO-156318-1 5710.6513 OFFICE SUPPLIES EDINBOROUGH ADMINISTRATION 69.81 OFFICE SUPPLIES 387376 WO-157622-1 5862.6406 GENERAL SUPPLIES VERNON SELLING 4.78 PEN REFILLS 387295 WO-157874-1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 82.48 OFFICE SUPPLIES 387506 WO-158501-1 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 292.98 2304 11/25/2015 120935 CAMPBELL KNUTSON 10,182.14 2851-000G LEGAL COUNSEL 387463 103115 11966131 PROFESSIONAL SERV - LEGAL CITY ATTORNEY 10,182.14 2305 11/2512015 104020 DALCO 179.76 CLEANING SUPPLIES 387384 2955637 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 179.76 2306 11/25/2015 100814 INDELCO PLASTICS CORP. 98.74 CHEMICAL SYSTEM REPAIRS 00001996 387303 955139 5915.6530 REPAIR PARTS WATER TREATMENT 1,128.37 CHEMICAL FEED EQUIPMENT 00001792 387390 956330 5912.6530 REPAIR PARTS WELL HOUSES R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 2 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2306 11/25/2015 100814 INDELCO PLASTICS CORP. Continued... 277.44 CHEMICAL FEED EQUIPMENT 00001996 387391 956422 5912.6530 REPAIR PARTS WELL HOUSES 1,504.55 2307 11/25/2015 103944 MED COMPASS 525.00 HEARING TESTS 387475 28213 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 525.00 2308 11/25/2015 101483 MENARDS 114.20 CONSTRUCTION MATERIALS 00001032 387568 106 2330.6406 GENERAL SUPPLIES DRUG FORFEITURE 146.16 PATH MARKERS 00001031 387397 111 1647.6518 BLACKTOP PATHS & HARD SURFACE 167.40 STEP LADDER 00001038 387513 357 1335.6531 SIGNS & POSTS PAVEMENT MARKINGS 57.78 INSULATION 00001039 387570 359 2330.6406 GENERAL SUPPLIES DRUG FORFEITURE 13.56 CABLE TIES 00001083 387569 445 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 10.47 DOOR PARTS 00001025 387670 59 5861.6530 REPAIR PARTS VERNON OCCUPANCY 509.57 2309 11/25/2015 121497 NORTHWEST ASPHALT INC. 26,739.54 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 07127.1705.30 CONTRACTOR PAYMENTS S127 ARDEN PARK D SIDEWALK 70,845.68- PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 10096.1705.30 CONTRACTOR PAYMENTS BR6 54TH STREET BRIDGE 211254.23 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 01412.1705.30 CONTRACTOR PAYMENTS GLEN VIEWADDITION NHOOD RECON 330,991.40 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 01416.1705.30 CONTRACTOR PAYMENTS 54TH ST BRIDGE&STREET REPAIR 56,396.20 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 08062.1705.30 CONTRACTOR PAYMENTS ARDEN PARK D ST LIGHTING 2,095.73 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 05551.1705.30 CONTRACTOR PAYMENTS Arden Park D Reconstruction 68,284.10 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 03487.1705.30 CONTRACTOR PAYMENTS Arden Park D Reconstruction 67,565.26 PARTIAL PAYMENT NO. 7 387582 54TH ST CONSTR 04407.1705.30 CONTRACTOR PAYMENTS 54TH ST RECONSTRUCTION 1,145.94 PARTIAL PAYMENT NO. 6 387581 DEWEY HILL RD 01414.1705.30 CONTRACTOR PAYMENTS HOLLANDS NHOOD RECON 8,859.94 PARTIAL PAYMENT NO. 6 387581 DEWEY HILL RD 01415.1705.30 CONTRACTOR PAYMENTS HYDE PARK NHOOD RECON 4,936.68- PARTIAL PAYMENT NO. 6 387581 DEWEY HILL RD 04410.1705.30 CONTRACTOR PAYMENTS Prospect Knolls B Reconstructi 11,234.89 PARTIAL PAYMENT NO. 6 387721 ENG15-4 07128.1705.30 CONTRACTOR PAYMENTS S128 COUNTRYSIDE H SIDEWALK COUNTRYSIDE 233,403.66 PARTIAL PAYMENT NO. 6 387721 ENG15-4 01413.1705.30 CONTRACTOR PAYMENTS EDINA HIGHLANDS LAKESIDE RECON COUNTRYSIDE 2,786.80 PARTIAL PAYMENT NO. 6 387721 ENG15-4 05552.1705.30 CONTRACTOR PAYMENTS Countryside H Reconstruction COUNTRYSIDE 130,490.10 PARTIAL PAYMENT NO. 6 387721 ENG15-4 03488.1705.30 CONTRACTOR PAYMENTS Countryside H Reconstruction COUNTRYSIDE 31,504.28 PARTIAL PAYMENT NO. 6 387721 ENG15-4 04409.1705.30 CONTRACTOR PAYMENTS Countryside H Reconstruction COUNTRYSIDE 17,529.88 PARTIAL PAYMENT NO. 2 387580 PUBLIC STORAGE 04413.1705.30 CONTRACTOR PAYMENTS TH100FrontageRd Emergency rep LOT R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 3 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2309 11/25/2015 121497 NORTHWEST ASPHALT INC. Continued... 95,183.55 PARTIAL PAYMENT NO. 6 387583 W RD 01377.1705.30 CONTRACTOR PAYMENTS BA-377 VALLEY VIEW RD 19,382.87 PARTIAL PAYMENT NO. 6 387583 W RD 03491.1705.30 CONTRACTOR PAYMENTS Valley View Rd 1,444.00 PARTIAL PAYMENT NO. 6 387583 W RD 04415.1705.30 CONTRACTOR PAYMENTS Valley View Rd 1,240,510.01 2310 11/25/2015 100940 OWENS COMPANIES INC. 757.00 HVAC SERVICE CONTRACT 387437 64963 5761.6230 SERVICE CONTRACTS EQUIPMENT CENTENNIAL LAKES OPERATING 757.00 2311 11/25/2015 119620 POMP'S TIRE SERVICE INC. 136.00 TIRE REPAIR 00005705 387571 210195800 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,471.84 TIRES 387316 210202677 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 2,783.84 TIRES 00005735 387726 210203766 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,634.70 TIRES 00005735 387728 210203812 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,048.75 TIRES 00005735 387727 210205157 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 7,075.13 2312 11/25/2015 106322 PROSOURCE SUPPLY 542.00 BIRTHDAY PLATES, CUPS 387545 8659 5720.5510 COST OF GOODS SOLD EDINBOROUGH OPERATIONS 542.00 2313 11125/2015 122455 SPRING LAKE ENGINEERING 4,000.00 SCADA PROGRAMMING 387322 1569 5915.6136 PROFESSIONAL SVC - OTHER WATER TREATMENT 2,200.00 SCADA PROGRAMMING 00001056 387731 1593 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 6,200.00 2314 11/25/2015 102390 STRAND MANUFACTURING CO INC 221.00 BRACKETS 00001010 387449 29466 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 221.00 2315 11/25/2015 101015 STREICHERS 2,341.21 AMMO 387482 STMT 11/04/15 1400.6551 AMMUNITION POLICE DEPT. GENERAL 2,341.21 2316 11/25/2015 101017 SUBURBAN CHEVROLET 151.01 PUMP 00005844 387450 119313 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 528.51 VEHICLE REPAIRS 387732 686039 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 268.88- CREDIT 387733 CM115670 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 410.64 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Supplier! Explanation PO # Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Doc No Inv No Account No Subledger Account Description Page - 4 Business Unit 2317 11/25/2015 102742 TKDA ENGINEERS ARCHITECTS PLANNERS Continued... 2730.32 2015 BRIDGE MAINTENANCE 387735 002015003416 1261.6103 PROFESSIONAL SERVICES CONSTRUCTION MANAGEMENT 2,730.32 2318 11/25/2015 118190 TURFWERKS LLC 153.28 TIRE 00005841 387575 E191920 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 153.28 2319 11/25/2015 119454 VINOCOPIA 98.50 387365 0137627-IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 173.75 387496 0137666-IN 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 82.50 387644 0137980-IN 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 354.75 2320 11/25/2015 101033 WINE COMPANY, THE 783.55 387366 409158-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 528.25 387646 409747-00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 528.25 387614 409748-00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 784.25 387645 409921-00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,444.75 387613 410064-00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,069.05 399271 11/25/2015 105075 ABSOLUTE RAIN INC. 2,000.00 WINTERIZE IRRIGATION SYSTEM 00002081 387371 35138 5765.6180 CONTRACTED REPAIRS PROMENADE EXPENSES 2,530.54 WINTERIZE IRRIGATION SYSTEM 00002081 387371 35138 5761.6180 CONTRACTED REPAIRS CENTENNIAL LAKES OPERATING 4,530.54 399272 11/25/2015 129458 ACME TOOLS 339.48 CONTAINER 387503 3598506 1301.6151 EQUIPMENT RENTAL GENERAL MAINTENANCE 389.00 TRIMMER, SEAT WHT 387504 3622064 1301.6151 EQUIPMENT RENTAL GENERAL MAINTENANCE 728.48 399273 11/25/2015 136873 ADVANCED WATERPROOFING & 4,387.00 PAVER REPAIR 387683 15-0316 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 4,387.00 399274 11/25/2015 135195 ALLIANCE BENEFIT GROUP 160.00 OCT 2015 COBRAADMIN FEE 387684 31394 1556.6043 COBRA INSURANCE EMPLOYEE SHARED SERVICES 160.00 399275 11/25/2015 105991 AL'S COFFEE COMPANY R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Supplier! Explanation PO # Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015-- 11/25/2015 Doc No Inv No Account No Subledger Account Description Page - 5 Business Unit 399275 11/25/2015 105991 AL'S COFFEE COMPANY Continued... 29.90 COFFEE 387529 44066 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 29.90 399276 11/25/2015 101115 AMERIPRIDE SERVICES 251.94 387294 103115 1470.6201 LAUNDRY FIRE DEPT. GENERAL 345.87 387294 103115 1551.6201 LAUNDRY CITY HALL GENERAL 684.43 387294 103115 1470.6201 LAUNDRY FIRE DEPT. GENERAL 105.87 387294 103115 5821.6201 LAUNDRY 50TH ST OCCUPANCY 147.17 387294 103115 5841.6201 LAUNDRY YORK OCCUPANCY 241.54 387294 103115 5861.6201 LAUNDRY VERNON OCCUPANCY 1776.82 399277 11/25/2015 101601 AMUNDSON, ERIK 89.99 UNIFORM PURCHASE 387462 111715 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 89.99 399278 11/25/2015 102109 ANCOM TECHNICAL CENTER 245.00 RECTIFIER ALARM REPAIR 387650 56447 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 245.00 399279 11/25/2015 100632 AQUA ENGINEERING 22.00 IRRIGATION PARTS 387554 74363 1318.6406 GENERAL SUPPLIES SNOW & ICE REMOVAL 22.00 399280 11/25/2015 137556 ARCHITECTURE FIELD OFFICE 9,000.00 SOUTHDALE PLAN STUDY 387685 201518 9232.6136 PROFESSIONAL SVC - OTHER CENTENNIAL TIF DISTRICT 9,000.00 399281 11/25/2015 132031 ARTISAN BEER COMPANY 560.75 387334 3066205 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,248.25 387333 3066207 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,510.50 387623 3067491 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 4,319.50 399282 11/25/2015 120995 AVR INC. 1,107.25 READY MIX 387686 119644 5932.6520 CONCRETE GENERAL STORM SEWER 1,687.50 387687 119757 5932.6520 CONCRETE GENERAL STORM SEWER 873.25 387688 120103 5932.6520 CONCRETE GENERAL STORM SEWER 1,654.75 387689 120187 5932.6520 CONCRETE GENERAL STORM SEWER 1,312.00 READY MIX 387690 120418 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Supplier / Explanation PO # Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Doc No Inv No Account No Subledger Account Description Page - 6 Business Unit 399282 11/25/2015 120995 AVR INC. Continued... 961.00 387691 120532 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE 1,312.00 387692 120777 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE 727.00 387693 121011 5932.6520 CONCRETE GENERAL STORM SEWER 961.00 387694 121298 5932.6520 CONCRETE GENERAL STORM SEWER 961.00 387695 121457 5932.6520 CONCRETE GENERAL STORM SEWER 1,145.50 387698 121721 5932.6520 CONCRETE GENERAL STORM SEWER 1,083.25 387697 121804 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE 1,394.50 387696 122079 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE 1,394.50 387699 122268 1365.6520 CONCRETE SIDEWALKS & PATH MAINTENANCE 16,574.50 399283 11/25/2015 137547 B.Y.N. LLC 7,837.72 RESTROOMS RECONSTRUCTION 00006487 387505 870 5400.1705 CONSTR. IN PROGRESS GOLF BALANCE SHEET 7,837.72 399284 11/25/2015 102195 BATTERIES PLUS 65.94 BATTERIES 00001021 387373 018-388127 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 65.94 399285 11/25/2015 136267 BAUHAUS BREW LABS LLC 282.00 387483 4436 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 282.00 399286 11/25/2015 126996 BCA - CJTE 240.00 TRAINING - KEVIN ROFIDAL 387555 23378-102815SMM 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 240.00 399287 11/25/2015 102709 BDS LAUNDRY SYSTEMS 458.69 WASHER REPAIRS 387374 S010095974 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 458.69 399288 11/25/2015 131191 BERNATELLO'S PIZZA INC. 360.00 PIZZA 387530 D2813799 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 432.00 PIZZA 387531 D2813816 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 792.00 399289 11/25/2015 125139 BERNICK'S 200.85 387484 259189 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 266.40 387584 260801 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015 11/25/2015 Page - 7 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399289 11/25/2015 125139 BERNICK'S Continued... 1,741.95 387519 260802 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,209.20 399290 11/25/2015 126847 BERRY COFFEE COMPANY 19.80 BALANCE DUE 387532 T80838 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 126.95 COFFEE 387375 T80840 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 146.75 399291 11/25/2015 130922 BI WORLDWIDE 154.00 EMPLOYEE ANNIVERSARY CARDS 387556 ME-675860 1556.6406 GENERAL SUPPLIES EMPLOYEE SHARED SERVICES 154.00 399292 11/25/2015 100653 BITUMINOUS ROADWAYS INC. 12,731.33 387507 25092 1314.6518 BLACKTOP STREET RENOVATION 19,012.22 PW GEOTHERMAL REPAIRS 387507 25092 450004.6710 EQUIPMENT REPLACEMENT PW GEOTHERMAL REPAIRS 31,743.55 399293 11/25/2015 124534 BLACKSTONE CONTRACTORS LLC 1,543.75 TUCKPOINTING 00001666 387700 SOUTH RAMP 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 1,543.75 399294 11/25/2015 125268 BLUE COMPACTOR SERVICES 386.00 COMPACTOR RENTAL 387296 NOV2015-2 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 386.00 399295 11/25/2015 103239 BRIN NORTHWESTERN GLASS CO. 177.43 GLASS FOR FRED RICHARDS REPAR001663 387377 105545D 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 177.43 399296 11/25/2015 113580 BRONZE MEMORIAL CO. 100.86 PLAQUE 387378 700335 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 100.86 399297 11/25/2015 137533 BUSBY, TREVOR 780.00 SCORE KEEPERS 387651 2 1621.6103 PROFESSIONAL SERVICES ATHLETIC ACTIVITIES 780.00 399298 11/25/2015 114575 CALIFORNIA CONTRACTORS SUPPLIES INC. 142.80 GLOVES 00001053 387379 T7569 5913.6406 GENERAL SUPPLIES DISTRIBUTION 142.80 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399298 399299 11/25/2015 11/25/2015 114575 CALIFORNIA CONTRACTORS SUPPLIES INC. 119455 CAPITOL BEVERAGE SALES Continued-. 319.20 387625 00011062 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 450.90 387486 745951 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,794.60 387485 746839 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 60.00 387336 751236 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,624.70 399300 11/25/2015 111089 CARLSON, ERIC 124.84 UNIFORM PURCHASE 387464 111215 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 124.84 399301 11/25/2015 108517 CARVER COUNTY 300.00 OUT OF COUNTY WARRANT 387465 111815 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 300.00 399302 11/25/2015 137138 CASTLE DANGER BREWING CO LLC 543.80 387585 4276 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 543.80 399303 11/25/2015 129923 CAWLEY 24.82 NAME BADGES 387380 V332912 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 24.82 399304 11/25/2015 136841 CENTER FOR EDUCATION AND EMPLOYMENT LAW 159.00 SUBSCRIPTION RENEWAL 387381 A26304060 1470.6105 DUES & SUBSCRIPTIONS FIRE DEPT. GENERAL 159.00 399305 11/25/2015 123898 CENTURYLINK 160.33 952 285-2951 387297 2951-11/15 1470.6188 TELEPHONE FIRE DEPT. GENERAL 62.48 952 944-5522 387298 6522-11/15 5511.6188 TELEPHONE ARENA BLDG/GROUNDS 222.81 399306 11/25/2015 100684 CITY OF BLOOMINGTON 15,180.00 PHEP/CRI CONTRACT 387701 11957 1492.6103 PROFESSIONAL SERVICES PH EMERGENCY PREPARDNESS 15,180.00 399307 11/25/2015 122317 CITY OF EDINA - COMMUNICATIONS 267.00 CITY, STATE, US FLAGS 387536 COM-0724 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 267.00 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015-- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399307 399308 11/25/2015 11/25/2015 122317 CITY OF EDINA - COMMUNICATIONS 122084 CITY OF EDINA - UTILITIES Continued... 415.30 00086676-0330288022 387535 330288022-11/15 5310.6189 SEWER & WATER POOL ADMINISTRATION 474.49 00105263-0335037016 387652 335037016-11/15 1646.6189 SEWER & WATER BUILDING MAINTENANCE 968.85 00113607-0342163045 387382 342163045-11/15 1470.6189 SEWER & WATER FIRE DEPT. GENERAL 4,862.23 00103426-0345052006 387702 345052006-11/15 1552.6189 SEWER & WATER CENT SVC PW BUILDING 6,720.87 399309 11/25/2015 100692 COCA-COLA REFRESHMENTS 428.26 387626 0198156915 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 428.26 399310 11/25/2015 129820 COLLIERS INTERNATIONAL 819.99 DEC 2015 MAINTENANCE 387466 DEC2015 5841.6103 PROFESSIONAL SERVICES YORK OCCUPANCY 819.99 399311 11/25/2015 120433 COMCAST 25.98 8772 10 614 0496856 387653 496856-11/15 5210.6188 TELEPHONE GOLF DOME PROGRAM 25.98 399312 11/25/2015 120826 COMCAST SPOTLIGHT 192.00 DOME ADVERTISING 387508 NW687028 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 1,478.00 OCT- DEC 2015 ADVERTISING 387509 NW687029 5210.6122 ADVERTISING OTHER GOLF DOME PROGRAM 1,670.00 399313 11/25/2015 101395 COMMISSIONER OF TRANSPORTATION 248.47 MATERIALS TESTING 387703 P00005051 01377.1705.21 CONSULTING INSPECTION BA-377 VALLEY VIEWED 323.92 MATERIALS TESTING 387703 P00005051 01416.1705.21 CONSULTING INSPECTION 54TH ST BRIDGE&STREET REPAIR 572.39 399314 11/25/2015 101329 CONSTRUCTION MATERIALS INC. 644.00 DETECTABLE WARNING PLATES 00001997 387704 0135901-IN 1335.6531 SIGNS & POSTS PAVEMENT MARKINGS 644.00 399315 11/25/2015 100701 CUSHMAN MOTOR CO. INC. 43.47 OIL 387383 166983 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 43.47 399316 11/25/2015 129884 DEARBORN NATIONAL LIFE INSURANCE CO. 2,565.70 DEC 2015 PREMIUMS 387705 F018342-12/15 9900.2033.16 LTD -99 PAYROLL CLEARING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399316 11/25/2015 129884 DEARBORN NATIONAL LIFE INSURANCE CO. Continued-. 2,565.70 399317 11/25/2015 135800 DEPARTMENT OF CORRECTIONS 20,175.00 WORK CREW SERVICES 387706 00000310106 1640.6103 PROFESSIONAL SERVICES PARK MAINTENANCE GENERAL 20,175.00 399318 11/25/2015 136484 DIEBEL, MIKE 135.00 BRAEMAR GOLF ACADEMY 387654 111815 5401.4602 LESSONS GOLF REVENUES 135.00 399319 11/25/2015 100730 DORSEY & WHITNEY LLP 6,223.00 3930 REDEVELOPMENT- LEAGAL 387707 3238841 9232.6131 PROFESSIONAL SERV- LEGAL CENTENNIAL TIF DISTRICT 6,223.00 399320 11/25/2015 132810 ECM PUBLISHERS INC. 51.51 387473 276126 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 882.43 387472 276127 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 89.36 387471 276128 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 122.87 387470 276129 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 435.63 387469 276130 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 50.27 387468 276131 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 915.94 387467 276132 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 357.44 PUBLISH NOTICE 387385 276133 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 2,905.45 399321 11/25/2015 124503 EDEN PRAIRIE WINLECTRIC CO. 22.71 COUNTER OUTLETS 00001080 387655 12563200 5861.6530 REPAIR PARTS VERNON OCCUPANCY 22.72 COUNTER OUTLETS 00001080 387655 12563200 5841.6530 REPAIR PARTS YORK OCCUPANCY 45.43 399322 11/25/2015 100744 EDINA CHAMBER OF COMMERCE 60.00 CHAMBER MEETINGS 387656 36322 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 60.00 399323 11/25/2015 101656 EDINA CHORALE 400.00 PROGRAM ADVERTISING 387299 EDINAART 5110.6122 ADVERTISING OTHER ART CENTER ADMINISTRATION CENTER 400.00 399324 11/25/2015 100049 EHLERS & ASSOCIATES INC. R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015-. 11/25/2015 Page - 11 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399324 11/25/2015 100049 EHLERS & ASSOCIATES INC. Continued... 787.50 TIF ADMIN 387709 68998 9235.6136 PROFESSIONAL SVC - OTHER VALLEY VIEW/VVOODDALE TIF DIST 472.50 TIF ADMIN 387708 68999 9235.6136 PROFESSIONAL SVC - OTHER VALLEY VIEWNVOODDALE TIF DIST 1,260.00 399325 11/25/2015 100649 ELECTRIC PUMP INC. 730.00 POWER CABLE 00001009 387300 0056615-IN 5921.6530 REPAIR PARTS SANITARY LIFT STATION MAINT 730.00 399326 11/26/2015 122792 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC. 163.72 SQUAD 237 OPTICOM FIX 387657 RS4292 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 163.72 399327 11/26/2015 100146 FACTORY MOTOR PARTS COMPANY 69.20- CREDIT 387559 1-4838036 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 19.46 THERMOSTAT, 0 RING 387557 69-201660 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 104.75 SENSOR 387558 69-201851 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 199.64 REMAN ALTERNATOR 387710 69-202077 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 254.65 399328 11/25/2015 102485 FAHRENKRUG, ROGER 414.00 BRAEMAR GOLF ACADEMY 387658 111815 5401.4602 LESSONS GOLF REVENUES 414.00 399329 11/25/2015 106035 FASTENAL COMPANY 62.74 BOLTS 387386 MNTC2133578 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 106.50 SPRING HOOKS FOR TODD RINK 00001005 387387 MNTC2133789 1648.6530 REPAIR PARTS SKATING RINK MAINTENANCE 169.24 399330 11/25/2015 119211 FIRSTLAB 46.80 3RD QTR PASS THROUGH FEES 387711 FL00133316 1556.6175 PHYSICAL EXAMINATIONS EMPLOYEE SHARED SERVICES 379.90 PRE EMPLOYMENT SCREENINGS 387474 FL00133583 1556.6175 PHYSICAL EXAMINATIONS EMPLOYEE SHARED SERVICES 426.70 399331 11/25/2015 131188 FIRST-SHRED 21.80 SHREDDING SERVICES 387560 165475 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 21.80 387561 166645 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 43.60 399332 11/25/2015 126444 FISH WINDOW CLEANING 1,250.00 WINDOW CLEANING 387712 2315-12872 1375.6103 PROFESSIONAL SERVICES PARKING RAMP R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 12 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399332 11/25/2015 126444 FISH WINDOW CLEANING Continued... 1,275.00 WINDOW CLEANING 387713 2315-12877 1375.6103 PROFESSIONAL SERVICES PARKING RAMP 2,525.00 399333 11/25/2015 102727 FORCE AMERICA 530.53 TANK 00005838 387301 IN001-1000815 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 530.53 399334 11/25/2015 137554 FRED HOLASEK & SON INC. 525.65 VVINTER GREENS FOR PLANTERS 00002082 387659 00017794 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 525.65 399335 11/25/2015 130475 FUNTIME FUNKTIONS 250.00 BREAKFAST WTH SANTA 387660 882 5420.6406 GENERAL SUPPLIES CLUB HOUSE 250.00 399336 11/25/2015 102166 G.L. CONTRACTING INC. 180,801.38 PARTIAL PAYMENT NO. 2 387577 INTERLACHEN 07111.1705.30 CONTRACTOR PAYMENTS S-111 INTERLACHEN BLVD 180,801.38 399337 11/25/2015 103185 GERTENS 18.98 MULCH 00001026 387388 376903/1 1644.6541 PLANTINGS & TREES TREES & MAINTENANCE 18.98 399338 11/25/2015 124471 GOODPOINTE TECHNOLOGY INC. 516.00 PAVEMENT RATING 387714 3040 1261.6103 PROFESSIONAL SERVICES CONSTRUCTION MANAGEMENT 516.00 399339 11/25/2015 102217 GRAPE BEGINNINGS INC 426.00 387586 189498 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 426.00 399340 11/25/2015 100785 GREUPNER, JOE 270.00 BRAEMAR GOLF ACADEMY 387661 111815 5401.4602 LESSONS GOLF REVENUES 270.00 399341 11/25/2015 100008 GRUBE, MIKE 468.00 BRAEMAR GOLF ACADEMY 387662 111815 5401.4602 LESSONS GOLF REVENUES 468.00 399342 11/25/2015 104459 GS DIRECT INC. R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 13 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399342 11125/2015 104459 GS DIRECT INC. Continued... 54.34 PLOTTER PAPER 00002524 387715 319850 1261.6406 GENERAL SUPPLIES CONSTRUCTION MANAGEMENT 54.34 399343 11/25/2015 100801 HENNEPIN COUNTY TREASURER 120.08 TRAFFIC CONTROL REPAIR 387389 1000065871 1330.6180 CONTRACTED REPAIRS TRAFFIC SIGNALS 120.08 399344 11/25/2015 106436 HENNEPIN COUNTY TREASURER 1,002.33 RADIO FEES 387716 1000066706 1301.6151 EQUIPMENT RENTAL GENERAL MAINTENANCE 1,002.33 399345 11/25/2015 103753 HILLYARD INC - MINNEAPOLIS 178.48 URINAL SCREENS 00002299 387537 601852172 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 178.48 399346 11/25/2015 105962 HOFF, BRUCE 24.00 MODEL 387302 111615 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 24.00 399347 11/25/2015 128215 HOFFMAN & MCNAMARA 82,504.91 PARTIAL PAYMENT NO. 4 387578 PROJ A-259 01259.1705.21 CONSULTING INSPECTION FRANCE AVE LANDSCAPE PLAN 82,504.91 399348 11/25/2015 104376 HOHENSTEINS INC. 1,415.95 387627 795284 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,393.63 387587 795301 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,858.58 387588 795702 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 5,668.16 399349 11/25/2015 100417 HORIZON COMMERCIAL POOL SUPPLY 401.23 CHLORINE, HYPOCHLORITE 00002297 387538 151102017 5720.6545 CHEMICALS EDINBOROUGH OPERATIONS 401.23 399350 11/25/2015 101697 HORIZON GRAPHICS INC 933.83 BIRTHDAY PARTY BROCHURES 387539 34083 5710.6575 PRINTING EDINBOROUGH ADMINISTRATION 933.83 399351 11/25/2015 134784 IDEA CREEK LLC, THE 295.00 PLAQUES 00003694 387717 69 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 295.00 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399351 399352 11/25/2015 11/25/2015 134784 IDEA CREEK LLC, THE 131544 INDEED BREWING COMPANY Continued... 860.00 387589 34613 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 860.00 399353 11/25/2015 105052 INNOVATIVE GRAPHICS 184.00 SAFETY CAMP T-SHIRTS 387304 41900 1627.6406 GENERAL SUPPLIES SPECIAL ACTIVITIES 184.00 399354 11/25/2015 100828 JERRY'S FOODS 19.67 387663 103115 1628.6406 GENERAL SUPPLIES SENIOR CITIZENS 33.86 387663 103115 1470.6106 MEETING EXPENSE FIRE DEPT. GENERAL 206.04 387663 103115 1556.6106 MEETING EXPENSE EMPLOYEE SHARED SERVICES 206.74 387663 103115 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 466.31 399355 11/25/2015 100830 JERRY'S PRINTING 134.00 MEMBERSHIP FORMS OONO TAX 387540 69789 5710,6575 PRINTING EDINBOROUGH ADMINISTRATION 134.00 399356 11/25/2015 100741 JJ TAYLOR DIST. OF MINN 426.90- 387487 2419537 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 103.75 387628 2421599 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 9,346.30 387632 2422169 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 73.80 387629 2422786 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 5,812.25 387338 2431319 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 225.60 387337 2431322 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 233.75 387520 2431346 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 6,458.90 387590 2431349 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 117.85 387631 2431358 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 24.60 387630 2431359 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 21,969.90 399357 11/25/2015 100835 JOHNSON BROTHERS LIQUOR CO. 648.02 387346 5302507 5822.5513 COST OF GOODS SOLD VVINE 50TH ST SELLING 1,326.67 387344 5302508 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,586.77 387345 5302513 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 444.20 387342 5302853 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 335.49 387343 5303665 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2.00 387349 5304267 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015 11/25/2015 Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Page - 15 Business Unit 399357 11/25/2015 100835 JOHNSON BROTHERS LIQUOR CO. Continued-. .50 387339 5304268 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1.50 387591 5304269 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1.50 387491 5304270 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,416.00 387341 5304271 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 6,402.46 387340 5304272 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,226.00 387488 5304273 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,125.23 387489 5304274 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 14,227.48 387490 5304275 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 5,920.50 387348 5304276 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,327.50 387347 5304277 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 8,043.57 387592 5304278 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,226.00 387350 5304279 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 130.32 387595 5308116 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 156.40 387636 5308118 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING .38 387633 5308121 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 2,313.35 387635 5308122 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 112.94 387634 5308125 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 4,427.13 387637 5308134 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,338.78 387593 5308137 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,252.47 387597 5308138 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 707.13 387599 5308139 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,911.20 387596 5308140 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,271.19 387594 5308141 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 90.97 387598 5308142 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 17.67- 387493 550934 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 20.19- 387492 550937 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 66,935.79 399358 11/25/2015 102113 JOHNSTONE SUPPLY 193.84 387305 1021677 5111.6530 REPAIR PARTS ART CENTER BLDG/MAINT 193.84 399359 11/25/2015 111018 KEEPRS INC. 225.12 00003556 387394 268163-90 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 89.18 00003662 387393 287459-03 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 219.98 UNIFORMS 00003690 387392 292248 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 534.28 399360 11/25/2015 124002 KIMLEY-HORN AND ASSOCIATES INC. 11,220.00 TRAFFIC STUDY - 66TH & XERXES 387395 7058441 1140.6103 PROFESSIONAL SERVICES PLANNING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015— Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399360 11/25/2015 124002 KIMLEY-HORN AND ASSOCIATES INC. Continued... 11,220.00 399361 11/25/2015 115192 KNUDSON, DEBBIE 45.00 BRAEMAR GOLF ACADEMY 387664 111815 5401.4602 LESSONS GOLF REVENUES 45.00 399362 11/25/2015 105887 KOESSLER, JOE 312.00 OCT/NOV 2015 SERVICE 387665 110115 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 312.00 399363 11/25/2015 101339 KULAK, CAROLE 32.12 SUPPLIES REIMBURSEMENT 387666 111915 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 32.12 399364 11/25/2015 128132 LAKEVILLE TROPHY CO 60.00 IQS AWARD 387564 19680 1556.6406 GENERAL SUPPLIES EMPLOYEE SHARED SERVICES 60.00 399365 11/25/2015 100605 LANDS END BUSINESS OUTFITTERS 1,509.53 UNIFORM CLOTHING 387396 SIN3289542 1556.6203 UNIFORM ALLOWANCE EMPLOYEE SHARED SERVICES 1,509.53 399366 11/25/2015 100852 LAWSON PRODUCTS INC. 138.71 STAINLESS SCREWS 00001024 387510 9303689545 1335.6531 SIGNS & POSTS PAVEMENT MARKINGS 457.94 WIPERS, SCREWS, PINS, PADS 00001023 387511 9303691549 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 424.65 FITTINGS, COUPLERS, 0 RINGS 00005866 387565 9303691550 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,021.30 399367 11/25/2015 116399 L'HEUREUX, ADAM 156.99 UNIFORM PURCHASE 387562 111715 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 115.28 UNIFORM PURCHASE 387563 111815 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 272.27 399368 11/25/2015 135867 LIBATION PROJECT 526.00 387351 2243 5822.5513 COST OF GOODS SOLD VVINE 50TH ST SELLING 526.00 399369 11/25/2015 102464 LIGHTING PLASTICS OF MINNESOTA INC. 228.60 LIGHT COVERS 00002294 387541 INV67801 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 228.60 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary Check # Date Amount Supplier! Explanation PO # Doc No 11/25/2015— Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399369 399370 11/25/2015 11/25/2015 102464 LIGHTING PLASTICS OF MINNESOTA INC. 105726 LINDMAN, DAVID Continued... 25.00 USB DRIVE FOR FORENSICS 387566 111615 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 25.00 399371 11/25/2015 137194 LOGAN, CHUCK 15.00 ART WORK SOLD 387567 111715 5101.4413 ART WORK SOLD ART CENTER REVENUES 15.00 399372 11/25/2015 133185 LOGAN, PATRICK 65.14 SUPPLIES REIMBURSEMENT 387667 111815 5210.6511 CLEANING SUPPLIES GOLF DOME PROGRAM 65.14 399373 11/25/2015 137549 MALUEG, ONA 74.11 AMBULANCE OVERPAYMENT REFUND 387512 111815 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 74.11 399374 11/25/2015 137555 MCELRATH, KAREN 61.04 DOG FENCE REPAIR 387718 REIMBURSE 01412.1705.21 CONSULTING INSPECTION GLEN VIEWADDITION NHOOD RECON 61.04 399375 11/25/2015 134646 MCGRATH, PATTY 190.90 MILEAGE REIMBURSEMENT 387668 11915 5710.6107 MILEAGE OR ALLOVVANCE EDINBOROUGH ADMINISTRATION 190.90 399376 11/25/2015 105603 MEDICINE LAKE TOURS 1,328.25 MAYOWOOD NOV 12TH TRIP 387669 102915 1628.6103.07 TRIPS PROF SERVICES SENIOR CITIZENS 1,328.25 399377 11/25/2015 102507 METRO VOLLEYBALL OFFICIALS 228.00 OFFICIATING FEES 387306 4840 1621.6103 PROFESSIONAL SERVICES ATHLETIC ACTIVITIES 228.00 399378 11/25/2015 127639 MIDWAY FORD 500.00 VEHICLE VIN COST 387719 105673 421305.6710 EQUIPMENT REPLACEMENT STREET EQUIPMENT 500.00 VEHICLE VIN COST 387719 105673 5900.1735 AUTOMOBILES & TRUCKS UTILITY BALANCE SHEET 39,514.70 2016 FORD F350 00003644 387398 105940 421470.6710 EQUIPMENT REPLACEMENT FIRE EQUIPMENT 40,514.70 399379 11/25/2015 134038 MIDWEST CIVIL CONSTRUCTORS LLC R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015-- 11/25/2015 Page - 18 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399379 11/25/2015 134038 MIDWEST CIVIL CONSTRUCTORS LLC Continued... 60,150.12 PARTIAL PAYMENT NO. 8 387579 HAZELTON RD 01417.1705.30 CONTRACTOR PAYMENTS HAZELTON RD IMPROVEMENTS 60,150.12 399380 11/25/2015 134387 MIDWEST MAILING SYSTEMS INC. 263.61 MAIL PLAN REVIEW POSTCARDS 387399 74981 1495.6575 PRINTING INSPECTIONS 263.61 399381 11/25/2015 130628 MIDWEST MECHANICAL SOLUTIONS 296.57 BOILER REPAIRS 00001755 387400 P8487 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 144.00- RETURN 387401 P8487-CM 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 152.57 399382 11/25/2015 137550 MILLER, JOY 89.20 AMBULANCE OVERPAYMENT REFUND 387514 153660 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 89.20 399383 11/25/2015 100913 MINNEAPOLIS & SUBURBAN SEWER & WATER 1,425.00 REPLACE WATER SERVICE 00001050 387307 35104 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 1,425.00 399384 11/25/2015 127062 MINNEHAHA BLDG. MAINT. INC. 21.38 WINDOW CLEANING 387403 928046015 5841.6180 CONTRACTED REPAIRS YORK OCCUPANCY 16.09 WINDOW CLEANING 387402 928046016 5861.6180 CONTRACTED REPAIRS VERNON OCCUPANCY 37.47 399385 11/25/2015 100522 MINNESOTA AIR INC. 678.52 HEAT EXCHANGER/REPAIR 00001956 387308 1453161-00 5111.6530 REPAIR PARTS ART CENTER BLDG/MAINT 678.52 399386 11/25/2015 127320 MINNESOTA CIT OFFICER'S ASSOCIATION 1,250.00 CIT CLASSES 387476 20151112 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 1,250.00 399387 11/25/2015 102014 MINNESOTA CLAY USA 90.90 CERAMIC SUPPLIES 387309 85813 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 90.90 399388 11/25/2015 128914 MINUTEMAN PRESS 72.80 GIFT GALLERY POSTERS 387310 18898 5110.6122 ADVERTISING OTHER ART CENTER ADMINISTRATION 49.00 HOCKEY POSTERS 387311 19083 1130.6575 PRINTING COMMUNICATIONS R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Page - 19 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399388 11/25/2015 128914 MINUTEMAN PRESS Continued... 49.00 BREAKFAST W/SANTA POSTERS 387311 19083 5410.6575 PRINTING GOLF ADMINISTRATION 49.00 NEW YEARS EVE POSTERS 387311 19083 5710.6575 PRINTING EDINBOROUGH ADMINISTRATION 219.80 399389 11/25/2015 102812 MN DEPARTMENT OF LABOR & INDUSTRY 10.00 PRESSURE VESSEL LICENSE 387405 ABR01286731 5915.6260 LICENSES & PERMITS WATER TREATMENT 30.00 BOILER LICENSES 387433 ABR01287781 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 10.00 PRESSURE VESSEL LICENSE 387404 ABR01289221 5915.6260 LICENSES & PERMITS WATER TREATMENT 40.00 PRESSURE VESSEL LICENSES 387432 A9R01299401 1470.6260 LICENSES & PERMITS FIRE DEPT. GENERAL 70.00 PRESSURE VESSELS, BOILERS 387407 ABRO1300051 1470.6260 LICENSES & PERMITS FIRE DEPT. GENERAL 10.00 PRESSURE VESSEL LICENSE 387406 ABR01300421 5915.6260 LICENSES & PERMITS WATER TREATMENT 170.00 399390 11/25/2015 130266 MUNICODE 953.00 CODE UPDATE 387434 00263294 1185.6103 PROFESSIONAL SERVICES LICENSING, PERMITS & RECORDS 953.00 399391 11/25/2015 132591 MUSKA ELECTIRC COMPANY 103,220.30 PARTIAL PAYMENT NO. 2 387720 INDUST PK 450006.6710 EQUIPMENT REPLACEMENT INDUSTRIAL PARK LIGHTING 103,220.30 399392 11/25/2015 100920 NAPA AUTO PARTS 113.34 PARTS 387477 103115 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 4.29 PARTS 387477 103115 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 117.63 399393 11/25/2015 100076 NEW FRANCE WINE CO. 547.50 387600 105108 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 547.50 399394 11/25/2015 104350 NIKE USA INC. 100.00 LOGO SET UP 387542 975079042 5311.6201 LAUNDRY POOL OPERATION 100.00 399395 11/25/2015 120166 NORTHSTAR CHAPTER APA 45.00 YEAR END MEETING 387478 6079534 1170.6104 CONFERENCES & SCHOOLS HUMAN RESOURCES 45.00 399396 11/25/2015 102712 OFFICE OF MN.IT SERVICES 27.03 387671 W15100692 1646.6188 TELEPHONE BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Check # Date Amount Supplier / Explanation PO # Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Doc No Inv No Account No Subledger Account Description Page - 20 Business Unit 399396 11/25/2015 102712 OFFICE OF MN.IT SERVICES Continued... 27.03 387671 W15100692 1554.6188 TELEPHONE CENT SERV GEN - MIS 54.06 387671 W15100692 1646.6188 TELEPHONE BUILDING MAINTENANCE 81.09 387671 W15100692 1554.6188 TELEPHONE CENT SERV GEN - MIS 81.09 387671 W15100692 1481.6188 TELEPHONE YORK FIRE STATION 189.21 387671 W15100692 1646.6188 TELEPHONE BUILDING MAINTENANCE 297.33 387671 W15100692 1622.6188 TELEPHONE SKATING & HOCKEY 54.06 387671 W15100692 5111.6188 TELEPHONE ART CENTER BLDG/MAINT 27.03 387671 W15100692 5311.6188 TELEPHONE POOL OPERATION 108.12 387671 W15100692 5410.6188 TELEPHONE GOLF ADMINISTRATION 121.63 387671 W15100692 5710.6188 TELEPHONE EDINBOROUGH ADMINISTRATION 121.64 387671 W15100692 5760.6188 TELEPHONE CENTENNIAL LAKES ADMIN EXPENSE 54.06 387671 W15100692 5821.6188 TELEPHONE 50TH ST OCCUPANCY 81.09 387671 W15100692 5841.6188 TELEPHONE YORK OCCUPANCY 81.09 387671 W15100692 5861.6188 TELEPHONE VERNON OCCUPANCY 54.06 387671 W15100692 5913.6188 TELEPHONE DISTRIBUTION 284.94 387672 W15100697 5420.6188 TELEPHONE CLUB HOUSE 1744.56 399397 11/25/2015 100936 OLSEN COMPANIES 130.00 SNAPS 00001999 387435 570319 1648.6530 REPAIR PARTS SKATING RINK MAINTENANCE 52.00 SNAPS FOR TODD RINK 00001000 387436 570351 1648.6530 REPAIR PARTS SKATING RINK MAINTENANCE 130.31 SLINGS 00001012 387312 570612 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 41.17 SLINGS 00001012 387313 570613 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 35.26 SLING 00001016 387314 570725 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 388.74 399398 11/25/2015 122529 ONCE UPON A STAR 154.00 LET IT GO WITH QUEEN ELSA 387315 EDINAP/R11/7/15 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 154.00 399399 11/25/2015 101659 ORKIN 144.35 PEST CONTROL 387722 106163405 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 124.30 PEST CONTROL 387723 106167248 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 268.65 399400 11/25/2015 100347 PAUSTIS WINE COMPANY 543.62 387352 8523139-IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 65.25- 387353 8523496-CM 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,037.98 387521 8524211-IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,528.06 387601 8524222-IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Page - 21 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399400 11/25/2015 100347 PAUSTIS WINE COMPANY Continued... 69.26 387638 8524248-IN 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 673.76 387602 8524388-IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 6,787.43 399401 11/25/2015 121040 PC ADVENTURES INC. 388.64 SECURITY SYSTEM MAINTENANCE 387438 9916 5821.6215 EQUIPMENT MAINTENANCE 50TH ST OCCUPANCY 388.64 399402 11/25/2015 100945 PEPSI-COLA COMPANY 387.60 387639 44984548 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 144.84 387543 50593849 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 532.44 399403 11/25/2015 130228 PERNSTEINER CREATIVE GROUP INC. 275.00 EDITION EDINA DESIGN 387673 111715-1 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 275.00 399404 11/25/2015 117087 PETERSON COMPANIES 525.02 PARTIAL PAYMENT NO. 7 387724 PROMENADE-11/15 2501.6103 PROFESSIONAL SERVICES PACS IS 2,953.95 PARTIAL PAYMENT NO. 7 387724 PROMENADE-11/15 01251.1705.30 CONTRACTOR PAYMENTS A-251 PROMENADE IV H2O FEATURE 1,570.94 PARTIAL PAYMENT NO. 7 387724 PROMENADE-11/15 04401.1705.30 CONTRACTOR PAYMENTS PROMENADE H20 FEATURE&PATH 3,064.38 PARTIAL PAYMENT NO. 7 387724 PROMENADE-11/15 9232.6103 PROFESSIONAL SERVICES CENTENNIAL TIF DISTRICT 8,114.29 399405 11/25/2015 137546 PETERSON, CHRIS 162.48 PAID UTILITY BILL TWCE 387439 REFUND 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 162.48 399406 11/25/2015 137551 PETERSON, JOANNE 1,671.80 AMBULANCE OVERPAYMENT REFUND 387544 152606 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1,671.80 399407 11/25/2015 100743 PHILLIPS WINE & SPIRITS 837.01 387356 2881772 5822.5513 COST OF GOODS SOLD \NINE 50TH ST SELLING 506.44 387355 2881776 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1.50 387495 2882968 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1.00 387357 2882969 5842.5513 COST OF GOODS SOLD WNE YORK SELLING 2,483.75 387494 2882971 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 607.50 387358 2882972 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,687.50 387354 2882973 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Page - 22 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399407 11/25/2015 100743 PHILLIPS WINE & SPIRITS Continued-. 37.16 387605 2885594 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 90.16 387640 2885595 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,107.28 387604 2885606 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 57.16 387606 2885607 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 947.51 387641 2885608 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 663.48 387603 2885609 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 9,027.45 399408 11/25/2015 100956 PIPE SERVICES CORP 1,075.00 SEWER TV INSPECTION 387725 2007815 03493.1705.21 CONSULTING INSPECTION Presidents Neighborhood 1,075.00 r 399409 11/25/2015 123092 PLAYPOWER LT FARMINGTON INC 3,835.00 PLAYGROUND UMBRELLA 387440 1400194113 1643.6540 FERTILIZER GENERAL TURF CARE 3,835.00 399410 11/25/2015 100961 POSTMASTER - USPS 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 WINTER ISSUE 1600.6235 POSTAGE PARK ADMIN. GENERAL 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 WINTER ISSUE 5110.6235 POSTAGE ART CENTER ADMINISTRATION 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 VVINTER ISSUE 5310.6235 POSTAGE POOL ADMINISTRATION 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 WINTER ISSUE 5410.6235 POSTAGE GOLF ADMINISTRATION 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 VVINTER ISSUE 5510.6513 OFFICE SUPPLIES ARENAADMINISTRATION 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 WINTER ISSUE 5710.6235 POSTAGE EDINBOROUGH ADMINISTRATION 685.72 ACTIVITIES DIRECTORY POSTAGE 387515 WINTER ISSUE 5760.6235 POSTAGE CENTENNIAL LAKES ADMIN EXPENSE 4,800.04 399411 11/25/2015 125979 PRECISE MRM LLC 511.32 GPS UNITS & ANTENNAS 387729 1N200-1006892 1318.6406 GENERAL SUPPLIES SNOW & ICE REMOVAL 511.32 399412 11/25/2015 132063 RAPP, CRAIG 1,350.00 LEADERSHIP DEVELOPMENT PROGRAM 387516 15.11.01 1120.6104 CONFERENCES & SCHOOLS ADMINISTRATION 1,350.00 399413 11/25/2015 104642 RCM SPECIALTIES INC. 489.44 CRS2 OIL 387441 5211 1301.6518 BLACKTOP GENERAL MAINTENANCE 489.44 399414 11/25/2015 132392 RED POWER DIESEL SERVICE 71.01 RELAY VALVE 387572 12810 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015- 11/25/2015 Page - 23 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399414 11/25/2015 132392 RED POWER DIESEL SERVICE Continued... 62.84 SAFETY LABELS 00005689 387573 12993 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 133.85 399415 11/25/2015 100975 RED WING SHOE STORE 175.00 SAFETY BOOTS 387317 6-268 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 165.74 SAFETY BOOTS 387317 6-268 5422.6201 LAUNDRY MAINT OF COURSE & GROUNDS 340.74 399416 11/25/2015 134496 REFINED LLC 2,500.00 REFUND NEW HOME ESCROW 387442 5429 OAKLAWN 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 2,500.00 399417 11/25/2015 137544 RICE LAKE CONSTRUCTION GROUP 5,000.00 VALVE REPLACEMENT 00001049 387318 1501-35000 5915.6136 PROFESSIONAL SVC - OTHER WATER TREATMENT 5,000.00 399418 11/25/2015 123757 RIECHMANN PEDERSON DESIGN INC 470.00 ZAMBONI AD SALES 387675 1115151-10 5501.4317 ADVERTISING SALES ICEARENA REVENUES 300.00 DASHERBOARD SALES 387674 1115151-10B 5501.4317 ADVERTISING SALES ICEARENA REVENUES 770.00 399419 11/25/2015 102408 RIGID HITCH INCORPORATED 39.97 PINTLE HOOK 00005791 387574 1927702877 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 39.97 399420 11/25/2015 100980 ROBERT B. HILL CO. 43.22 SOFTENER SALT 00003648 387443 00324095 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 340.30 SOFTENER SALT 00002298 387546 00324280 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS 383.52 399421 11/25/2015 101979 ROFIDAL, KEVIN 140.00 UNIFORM PURCHASE 387479 111315 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 140.00 399422 11/25/2015 129282 ROSENBAUER MINNESOTA LLC 46.44 ROCKER SWITCHES 00005836 387319 18263 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 52.56 ROCKER SWTCHES, ACTUATORS 00005836 387320 18275 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 99.00 399423 11/25/2015 137548 RUDY, FLOYD R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 24 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399423 11/25/2015 137548 RUDY, FLOYD Continued... 1480.70 AMBULANCE OVERPAYMENT 387517 152855 1470.4329 AMBULANCE FEES FIRE DEPT. GENERAL 1480.70 399424 11/25/2015 101822 SAM'S CLUB DIRECT 29.84 *"** *"** **** **"9 350 387676 11/12/2015 1628.6513 OFFICE SUPPLIES SENIOR CITIZENS 76.82 SUPPLIES 387677 11/18/2015 1628.6406 GENERAL SUPPLIES SENIOR CITIZENS 106.66 399425 11/25/2015 104788 SANDY'S PROMOTIONAL STUFF 120.08 STICKERS 387321 SH5039 1120.6575 PRINTING ADMINISTRATION 943.79 LANYARDS 387547 SH5042 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 1,063.87 399426 11/25/2015 101431 SCAN AIR FILTER INC. 127.31 FILTERS 387445 133541 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 95.27 FILTERS 387444 133563 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 222.58 399427 11/25/2015 132076 SCHERBER CO. LLC 2,500.00 REFUND DEMO ESCROW 387678 5624 ZENITH AVE 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 2,500.00 399428 11/25/2015 104151 SCHINDLER ELEVATOR CORP. 430.17 ELEVATOR REPAIRS 387446 7152244503 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 430.17 399429 11/25/2015 101577 SCHMOLL, RUTH 154.56 MILEAGE REIMBURSEMENT 387730 111915 1470.6107 MILEAGE OR ALLOWANCE FIRE DEPT. GENERAL 154.56 399430 11/25/2015 137552 SEVER CONSTRUCTION CO. 4,360.00 ED142906 PERMIT REFUND 387549 #150 1495.4111 BUILDING PERMITS INSPECTIONS 4,360.00 ED142907 PERMIT REFUND 387550 #350 1495.4111 BUILDING PERMITS INSPECTIONS 4,360.00 ED142905 PERMIT REFUND 387548 7625 METRO BLVD 1495.4111 BUILDING PERMITS INSPECTIONS #120 13,080.00 399431 11/25/2015 120784 SIGN PRO 13.16 SIGN 387447 9774 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 13.16 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 25 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015-- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399431 399432 11/25/2015 11/25/2015 120784 SIGN PRO 137482 SITEONE LANDSCAPE SUPPLY LLC Continued... 9.05 PVC COUPLINGS 00001993 387448 73867127 1643.6180 CONTRACTED REPAIRS GENERAL TURF CARE 9.05 399433 11/25/2015 132195 SMALL LOT MN 662.07 387360 4734 5822.5513 COST OF GOODS SOLD VVINE 50TH ST SELLING 258.15 387359 4735 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 920.22 399434 11/25/2015 127878 SOUTHERN WINE AND SPIRITS 2,041.55 387361 1346121 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2.40 387362 1347459 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 984.40 387363 1347460 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,190.72 387642 1348595 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 2,141.81 387522 1348600 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING .40 387611 1348601 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 12,200.91 387609 1348602 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 601.60 387608 1348603 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,191.59 387610 1348604 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 278.80 387607 1348605 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 22,634.18 399435 11/25/2015 134700 SPOK INC. 107.40 PAGERS 387480 Y0319246K 1400.6151 EQUIPMENT RENTAL POLICE DEPT. GENERAL 107.40 399436 11/25/2015 133068 STEEL TOE BREWING LLC 205.75 387612 6888 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 205.75 399437 11/25/2015 122290 STRATUS TECHNOLOGIES IRELAND LTD 5,853.60 MESSAGE SWITCH SERVER 387481 SVC160752 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 5,853.60 399438 11/25/2015 137545 STURDEVANT, LORI 100.00 PROFESSIONAL SERVICES 387323 111615 2611.6103 PROFESSIONAL SERVICES MUSIC IN EDINA 100.00 399439 11/25/2015 105874 SUBURBAN TIRE WHOLESALE INC. R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 26 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399439 11/25/2015 105874 SUBURBAN TIRE WHOLESALE INC. Continued... 1,509.84 TIRES 00005846 387734 10136373 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,509.84 399440 11/25/2015 133512 SUDDATH RELOCATION SYSTEMS 1,148.00 MOVE ELECTION EQUIPMENT 387451 39774 1180.6103 PROFESSIONAL SERVICES ELECTION 1,148.00 399441 11/25/2015 113841 SUMMIT FIRE PROTECTION CO. 490.00 SPRINKLER INSPECTION 00001875 387452 1092256 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 490.00 399442 11/25/2015 136860 SYSCO WESTERN MINNESOTA 664.81 CONCESSION PRODUCT 387551 511170107 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 664.81 399443 11/25/2015 111002 TEE JAY NORTH INC. 174.20 SWITCH, DECALS FOR DOOR 387453 25112 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 174.20 399444 11/25/2015 101035 THORPE DISTRIBUTING COMPANY 31.10 387364 990165 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,606.30 387643 991716 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,637.40 399445 11/25/2015 123129 TIMESAVER OFF SITE SECRETARIAL INC. 166.00 ART/CULTURE MEETING 387324 M21693 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 232.00 11/4/15 COUNCIL MEETING 387454 M21730 1185.6103 PROFESSIONAL SERVICES LICENSING, PERMITS & RECORDS 398.00 399446 11/25/2015 101403 TRUCK BODIES & EQUIP INTL INC 60.28 FLOW PLATE 00005831 387455 LC00033866 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 60.28 399447 11/25/2015 101360 TWIN CITY HARDWARE CO. 1,700.00 REMOVE PARTITION WALLS 00001749 387736 757510 47094.6710 EQUIPMENT REPLACEMENT BREDESEN PARK COMFORT STATION 1,700.00 399448 11/25/2015 122321 ULTIMATE DRAIN SERVICES INC. 420.00 JETTING MAIN LINE 387325 52971 5111.6180 CONTRACTED REPAIRS ART CENTER BLDG/MAINT 420.00 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Page - 27 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 11/25/2015-- Inv No 11/25/2015 Account No Subledger Account Description Business Unit 399448 399449 11/25/2015 11/25/2015 122321 ULTIMATE DRAIN SERVICES INC. 130874 UNITED RENTALS (NORTH AMERICA) INC. Continued... 231.38 SCISSOR LIFT MAINTENANCE 387552 132636457-001 5720.6180 CONTRACTED REPAIRS EDINBOROUGH OPERATIONS 231.38 399450 11/25/2015 131957 UNIVERSAL ATHLETIC BOZEMAN 170.97 FIELD PAINT 00001649 387456 1501-003985 1642.6542 INFIELD MIXTURE FIELD MAINTENANCE 170.97 399451 11/25/2015 135190 UNLEASHED DISPLAYS LLC 852.84 UTILITY BOX WRAP - PUBLIC ART 387457 2275 2610.6103 PROFESSIONAL SERVICES PUBLIC ART 852.84 399452 11/25/2015 102212 UPBEAT INC 599.49 TRASH CAN 00001876 387458 571310 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 599.49 399453 11/25/2015 137463 VACANTI, MIA 110.98 MILEAGE REIMBURSEMENT 387326 111615 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 110.98 399454 11/25/2015 103590 VALLEY-RICH CO. INC. 3,654.00 HYDRANT REPLACEMENT 00001052 387328 22226 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 4,515.66 HYDRANT REPLACEMENT 00001051 387327 22227 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 8,169.66 399455 11/25/2015 102275 VAN BLOEM GARDENS 228.12 FLOWER BULBS 00002266 387553 4400009 5720.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH OPERATIONS 228.12 399456 11/25/2015 101058 VAN PAPER CO. 114.16 CAN LINERS, UTENSILS, CLEANER 387518 368730-00 5862.6406 GENERAL SUPPLIES VERNON SELLING 459.30 LIQUOR BAGS 387518 368730-00 5862.6512 PAPER SUPPLIES VERNON SELLING 27.45 FACIAL TISSUE 387679 368749-00 5840.6406 GENERAL SUPPLIES LIQUOR YORK GENERAL 27.45 FACIAL TISSUE 387679 368749-00 5820.6406 GENERAL SUPPLIES 50TH STREET GENERAL 628.36 399457 11/25/2015 115380 VARITECH INDUSTRIES INC. 3,646.94 PUMP/ BRINE MOTOR SUPPLIES 387737 IN060-1006146 1318.6525 SALT SNOW & ICE REMOVAL 3,646.94 R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015-- 11/25/2015 Page - 28 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399457 11/25/2015 115380 VARITECH INDUSTRIES INC. Continued... 399458 11/25/2015 120318 VEOLIA ENVIRONMENTAL SERVICES 85.00 HAZARDOUS WASTE CONTAINERS 387738 EW1003240 1280.6271 HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD 85.00 399459 11/25/2015 101063 VERSATILE VEHICLES INC. 785.96 CART BATTERIES 00002080 387680 1113150002 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 785.96 399460 11/25/2015 105613 WICKLUND, MITZI 27.26 MILEAGE REIMBURSEMENT 387682 111915 1190.6107 MILEAGE OR ALLOWANCE ASSESSING 27.26 399461 11/25/2015 101312 WINE MERCHANTS 1,005.62 387368 7055309 5822.5513 COST OF GOODS SOLD VVINE 50TH ST SELLING 2,290.00 387367 7055660 5862.5513 COST OF GOODS SOLD VVINE VERNON SELLING 432.48 387616 7056422 5862.5513 COST OF GOODS SOLD VVINE VERNON SELLING 41.82 387647 7056427 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,395.72 387615 7056428 5862.5513 COST OF GOODS SOLD VVINE VERNON SELLING 5,165.64 399462 11/25/2015 124291 WIRTZ BEVERAGE MINNESOTA 246.42 387498 1080391597 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 124.34 387497 1080391634 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 255.15 387499 1080393692 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 255.15 387500 1080393693 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,499.22 387369 1080396733 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 546.22 387525 1080397683 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,722.73 387619 1080399449 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 146.30 387618 1080399450 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,884.15 387617 1080399451 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,197.95 387649 1080399452 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 45.15 387648 1080399453 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 680.15 387524 1080399495 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 61.43 387527 1080399496 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 5,208.91 387526 1080399497 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,585.07 387523 1080399498 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 17,458.34 399463 11/25/2015 124529 WIRTZ BEVERAGE MINNESOTA BEER INC R55CKR2 LOGIS101 CITY OF EDINA 11/23/201512:52:23 Council Check Register by GL Council Check Register by Invoice & Summary 11/25/2015— 11/25/2015 Page - 29 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 399463 11/25/2015 124529 WIRTZ BEVERAGE MINNESOTA BEER INC Continued... 7,237.29 387620 1090491360 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 120.00 387621 1090491461 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,288.90 387370 1090491462 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,817.65 387501 1090492220 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 46.90 387502 1090492281 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 11,510.74 399464 11/25/2015 118395 WITMER PUBLIC SAFETY GROUP INC. 341.17 CONE KITS 00003691 387459 E1395304 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 341.17 399465 11/25/2015 137148 WOOD, TRICIA 160.00 BALLROOM DANCING 387681 OCT INSTRUCTION 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 220.00 LINE DANCING 387681 OCT INSTRUCTION 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 380.00 399466 11/25/2015 101726 XCEL ENERGY 2,332.32 51-6227619-3 387329 478851034 5761.6185 LIGHT & POWER CENTENNIAL LAKES OPERATING 48.82 51-5276505-8 387460 479023711 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 14,47 5 1-00 10613106-9 387331 479098697 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 128.30 5 1-00 10025256-3 387330 479109504 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 2,523.91 399467 11/25/2015 130618 YOUNGSTEDTS COLLISION CENTER 75.00 VEHICLE REPAIR 387576 14196 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 75.00 399468 11125/2015 101091 ZIEGLER INC 1,076.25 EQUIPMENT RENTAL 387739 Z3359802 1301.6151 EQUIPMENT RENTAL GENERAL MAINTENANCE 1,076.25 2,196,358.27 Grand Total Payment Instrument Totals Checks A/P AC H Payment Total Payments 915,435.24 1,280,923.03 2,196,358.27 R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company Amount 01000 GENERAL FUND 171,826.31 02300 POLICE SPECIAL REVENUE 171.98 02500 PEDESTRIAN AND CYCLIST SAFETY 38,499.45 02600 ARTS AND CULTURE FUND 952.84 04000 WORKING CAPITAL FUND 1,145,053.58 04100 PIR CONSTRUCTION FUND 56,396.20 04200 EQUIPMENT REPLACEMENT FUND 40,014.70 04500 CANDO FUND 122,232.52 05100 ART CENTER FUND 2,800.84 05200 GOLF DOME FUND 1,761.12 05300 AQUATIC CENTER FUND 1,228.05 05400 GOLF COURSE FUND 10,749.65 05500 ICE ARENA FUND 1,518.20 05700 EDINBOROUGH PARK FUND 6,431.65 05750 CENTENNIAL LAKES PARK FUND 9,738.83 05800 LIQUOR FUND 192,599.89 05900 UTILITY FUND 248,474.45 05930 STORM SEWER FUND 123,794.93 09232 CENTENNIAL TIF DISTRICT 18,287.38 09235 VALLEY VIEW/WOODDALE TIF 01ST 1,260.00 09900 PAYROLL FUND 2,565.70 Report Totals 2,196,358.27 CITY OF EDINA 11/23/201512:52:31 Council Check Summary Page - 1 11/25/2015 - 11/25/2015 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policies apd procedures date I/2- s- / 5- Date: December 15, 2015 Agenda Item #: IV.C. To:Mayor and City Council Item Type: Report / Recommendation From:MJ Lamon, Project Coordinator Item Activity: Subject:2016 Boards & Commissions Work Plans Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve 2016 Board and Commission work plans for Arts and Culture Commission, Community Health Commission, Energy and Environment Commission, Heritage Preservation Board, Human Rights and Relations Commission, Park Board, Planning Commission, and Transportation Commission. INTRODUCTION: Board and Commission chairs presented the their 2016 proposed work plans to City Council on Tuesday, October 6. The City Council reviewed the proposed work plans at their work session on Tuesday, December 1. The work plans have been revised at the direction of City Council and were prepared for Council approval. ATTACHMENTS: Description 2016 Board and Commission Work Plans Board/Commission: Arts and Culture Commission 2016 Annual Work Plan Initiative 1 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Literature 1) The Author’s Studio (approx. 5 events) 2) The Loft Around Town Ongoing 1) None 2) None Art Center/CTS 8 hours/event marketing Progress Report: Initiative 2 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Public Art Public Art Edina Ongoing Up to $10,000 Art Center/CTS P&R/Public Works 5 month process to create call, send & accept entries, schedule installs – Art Center 6 hrs/week Jan-May Progress Report: Initiative 3 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Dance Edina Art Center Dance Programs Ongoing None Art Center/CTS Senior Center Staff hours hiring, scheduling, Act. Dir. Progress Report Initiative 4 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Music Music in Edina Ongoing $10,000 Art Center/CTS Art Center staff 6 hrs/wk CTS 8 hrs marketing/event Progress Report: Initiative 5 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Theater Theater in Edina December 2016 None Art Center/CTS/P&R Time: TBD Progress Report: Initiative 6 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Traveling Exhibitions Art on the Move December 2016 None Art Center/CTS Time: TBD Progress Report: Initiative 7 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval Funding Foster Cultural Entrepreneurship in Edina Ongoing None Progress Report: Ongoing Responsibilities Art Center Membership and Special Events Enhance Communication of Arts & Cultural Events Other Work Plan Ideas Considered for Current Year or Future Years Grandview Enhance Communication of Arts and Cultural Events (Calendar/Website) Proposed Month for Joint Work Session: October Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • This year, Music in Edina will be funded at the amount it costs for the 2 events up to $10,000. • Next year, the council would like the funds for Music in Edina is raised by the commission. The Council will consider doing a match for the amount raised. • Council would like the commission to move around the location of the events and consider partnering with businesses. • Moving initiative 8 (Enhance Communication of Arts and Cultural Events) to future ideas section. Board/Commission: Community Health Commission 2016 Annual Work Plan DRAFT Initiative 1 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Work with Edina Resource Center and Bloomington Public Health to promote the health of the City by focusing on three key areas: Mental Health/Substance Abuse • Increase the presence of stress management tools in the community and awareness of the impact of stress on the physical, mental, and social well-being of Edina residents. • Explore common mental health issues and available resources. Child/Adolescent Health • Increase awareness of healthy eating and physical activity options for all children/adolescents in the City. Adult Physical Health • Evaluate resources available through BPH and other state, county and local organizations and agencies that support the health of those that live and work in Edina. • Evaluate senior Mobility and Access to and Use of Local and State/County Services Continuous development and updating of resource availability. None at this time. Continuous, as necessary. Progress Report: Initiative 2 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Create or provide content and continually review Community Health pages on City website (e.g., tools and resources focused on the health of those that live and work in the community) and other media outlets (e.g., About Town) Ongoing None 10 hours/month Progress Report: Initiative 3 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Coordinate with School District during creation of new Student Wellness/Chemical Health Coordinator Position(s). Partner with new staff person(s) to align with Community Health Commission and City Priorities. June 2016 None 5 hours/month Progress Report: Initiative 4 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Coordinate with School District, Sober Squad, Student Health Commission, and other Student Organizations on potential improvements related to alcohol, drug, and tobacco usage and bullying. Ongoing None 5 hours/month Progress Report: Initiative 5 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Work with Hennepin County Public Health, Bloomington Public Health and the City to ensure data collection methods result in data specific to City of Edina; provide specific recommendation to City Council regarding SHAPE Survey, including cost estimate. March 2016 None 15 hours Progress Report: Initiative 6 ☒ New Initiative Target Completion Budget Staff Support Required Liaison ☐ Continued Initiative ☐ On-Going Initiative Date Required Comments Participate in City’s comprehensive plan process to position Health-in-all-Policies concepts as an integral part of City processes. Ongoing None 10 hours/month Progress Report: Initiative 7 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Provide recommendation regarding regulation of Medical Cannabis dispensaries within the City. June 2016 None 5 hours Progress Report: Ongoing Responsibilities Annual review of Public Health Services provided to Edina by Bloomington Public Health Annual review of Public Health Emergency Preparedness Services provided to Edina by Bloomington Public Health Monitor Health Promotion, Disease Prevention and Control, and Family Health Programs in the City – Provided through contract with BPH Annual update from Edina Resource Center staff. Other Work Plan Ideas Considered for Current Year or Future Years Proposed Month for Joint Work Session: June Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • No changes Board/Commission: Energy and Environment Commission 2016 Annual Work Plan Proposal Initiative 1 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments City’s Partners in Energy (PiE) initiative • Up to three EEC members will participate constructively in the City’s Partners in Energy (PiE) initiative. These members will provide periodic updates to the EEC on the status of the action plan. • The EEC will review and comment on the draft Energy Action Plan before it is presented to the City Council. 2016 None Environmental Engineer, 40hrs Assistant Finance Director, 20hrs City Manager 8hrs (Staff estimate for planning phase) The Partners in Energy initiative was approved by Council. Additional Staff needs for implementation phase should be assessed by Council and Manager at the time of plan approval. Progress Report: Initiative 2 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Support efforts to reduce energy consumption and greenhouse gas (GHG) emissions by City of Edina municipal government operations. 1. GHG Measurement. Create protocol, methodology and metrics for measurement of the City's GHG production. Create baselines for GHG reduction goals for the City's buildings, fleet and utility operations. 2. Support efforts to reduce energy consumption and greenhouse gas (GHG) emissions in the City of Edina 3. City Capital Process Environmental Considerations Initiative. Commission will research and develop options for City staff to more explicitly describe the GHG production of proposed capital improvements proposed for the 1. April 2016 2. July 2016 3. April 2016 Staff time Staff Time Staff Time Unknown Staff, 20hrs Public Works, 8hrs Finance, 8hrs City's CIP budget process. 4. City Fleet Environmental Audit. Receive a presentation from City staff concerning the City's vehicle fleet and how decisions are made that shape the size and nature of the fleet. Provide comments and ideas to staff regarding the City's fleet management practices. 4. Dec. 2016 Fleet Manager, 8hrs Progress Report: Initiative 3 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Support tangible efforts and projects in the community that promote the reduction of energy consumption and GHG. 1. Support the City's effort to create a Community Solar Garden at City's Public Works and Parks Maintenance Facility. 2. Support the City's effort to participate in the Metropolitan Council's proposed Community Solar Garden project. 3. Expand the City's subsidized Home Energy Squad (HES) installs for residents. City will fund 100 HES installs at a cost of not more than $5,000. Early 2016 Early 2016 Early 2016 TBD by City Mgr None $5000 (consultant) Engineering, 60hrs Engineering, 24hrs Engineering, 2hrs Progress Report: Initiative 4 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Work with City Staff to revise Chapter 10 of City Comprehensive Plan 1. Update Ch. 10 to reflect progress in City operations and City metrics since 2008 Plan was issued 2. Revise City sustainability goals (i) to align with state and city policies, (ii) establish interim goals for sectors (i.e. energy, transportation, waste/recycling, etc.), and (iii) establish and maintain quarterly or annual metrics that TBD – depends upon City Staff schedule for revision of City Comp Plan None Engineering, Planning, Public Works staff as needed measure progress towards goals 3. Work to create City staff driven processes for long-term ownership of sustainability measures and implementation of Chapter 10. Progress Report: Initiative 5 ☒ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Solid Waste, Organics and Recycling Management. 1. Research and Report on MPCA compost rule- making process and its impact on City operations 2. Research and Report on proposal to ban Styrofoam food packaging materials in Edina 3. Research and Report on the alternatives for reorganizing the manner in which solid waste is collected from single family homes in Edina. Q3 2016 Q2 2016 Q4 2016 None None None or minimal Recycling Coordinator, 8hrs Recycling Coordinator, Unknown hours. Recycling Coordinator, Unknown hours. The reported total tons of recycling collected by the licensed haulers in Edina for 2014 was 2377 tons and for 2013 was 2044 tons. Numbers for 2015 are not yet in for the year Progress Report: Initiative 6 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Public Education. 1. Plan and execute the annual ECC Community Education Event 2. Student members will create and execute a plan for 2016 student activities 1. Q2 2016 2. Ongoing Staff time plus event costs None Communications Specialist, 40hrs Successful annual event held in 2015; film series held in 1 H 2015 but currently suspended Annual event has run about $1500-$2500 in past years. Progress Report: Initiative 7 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Water 1) Continue water drain education and stenciling efforts 2) Receive annual report from City staff on Edina water quality issues and activities 3) Continue winter salt education efforts Engineering 8hrs Engineering 4hrs Engineering 4hrs 4) Actively monitor the activities of the Nine Mile Creek Watershed District and the Minnehaha Creek Watershed District Engineering 2hrs Progress Report: Ongoing Responsibilities Annual Green Purchasing Report Annual joint meetings with City Council and City Manager Green Step Cities reporting Other Work Plan Ideas Considered for Current Year or Future Years Proposed Month for Joint Work Session (one time per year, up to 60 minutes): March Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • Initiative 1 – changed language as recommended by City Manager • Initiative 2 – changed language as recommended by City Manager • Initiative 3 – changed language as recommended by City Manager • Remove prior initiative 5 - EEC will hold a 90 minute working session with City Council • Initiative 5 –changed language as recommended by City Manager • Initiative 6 – changed language as recommended by City Manager • Initiative 7 – added initiative as recommended by City Manager • Ongoing Responsibilities – changed language as recommended by City Manager Board/Commission: Heritage Preservation Board 2016 Annual Work Plan DRAFT Initiative 1 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Designate 6909 Hillcrest Lane an Edina Heritage Landmark property May 2016 No @ 6 hours -Planning Commission/Prep -City Council Public Hearing This was originally a 2015 initiative, but the property owner asked it be moved to 2016. Progress Report: Initiative 2 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Designate Wooddale Bridge (Wooddale Ave. in front of St. Stephens Church) an Edina Heritage Landmark 2016 No @ 10 hours: -HPB Approval -Planning Commission/Prep -Council Public Hearing Progress Report: Initiative 3 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Explore the History of Your Home Committee: Provide opportunities for the public to record the history of their homes on a site such as “Placeography.org”. 2016 No As needed for interface with city’s website Progress Report: Initiative 4 ☐ New Initiative ☒ Continued Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments ☐ On-Going Initiative Educational Opportunities Committee: Provide opportunities for public to engage in celebrating Edina’s heritage during Preservation Month - May; as well as throughout the year. April 2016 No Yes - Time commitment unknown - Dependent on committee’s proposals Progress Report: Initiative 5 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Add to resources publically available on topics such as architecture and technical advice, i.e. the “Preservation Tool Box” Ongoing None Yes - to add resources to city’s website Progress Report: Initiative 6 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Create an information sheet to be included in the new resident packet that highlights “Edina Historical Facts”. May 2016 No @ 4 hours: -Research -Propose content to HPB -Facilitate distribution Progress Report: Initiative 7 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Begin work on updating the Heritage Preservation Element of the 2018 Comprehensive Plan -late 2016 2018 No Yes - Time commitment unknown at this time Progress Report: Initiative 8 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Update the map of all Edina properties determined eligible for Edina Heritage Landmark designation as well as those 2017 No @ 5 hours: Work with city’s GIS depart. to create a correct, current properties with the EHLD overlay zoning designation. map for print & inclusion on city’s web site Progress Report: 34T Ongoing Responsibilities RESEARCH: Evaluate potential heritage resources to add to the determined eligible for landmark designation list. PRESERVATION: 1. Review Certificates of Appropriateness (COA) applications for heritage landmark designated properties; 2. Invite eligible property owners to designate their properties Edina Heritage Landmarks. COMMUNICATION & EDUCATION: 1. Educate public on the importance of heritage preservation to the vitality of the community. 2. Continually update the Heritage Preservation page on the City of Edina’s web site. 3. Attend Minnesota Heritage Preservation conferences to enhance education and communication Other Work Plan Ideas Considered for Current Year or Future Years 2017 - Begin work on re-surveying the historic Country Club District (required every 10 years; last done in 2008). Proposed Month for Joint Work Session: September Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes were made and are reflected on this work plan: • No changes Board/Commission: Human Rights and Relations Commission 2016 Annual Work Plan Proposal Initiative 1 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Tom Oye Award April 2016 $100 1. 1.Register Attendance at event 2. Track Nominations 3. 3. Update Website Progress Report: Initiative 2 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Days of Remembrance April 2016 $1,000 1. Audio/Video – requires 2 CTS staff to come to event and complete video follow up 2. Marketing Pieces – CTS request 3. Meeting Space – secure City Hall, tables, chairs, easels 4. Communication – Social media, press release 5. Attend event Most of the staff support required is required from the CTS department. The liaison helps facilitate the requests. With attending the event there are many hours of staff support for this event. Progress Report: Initiative 3 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Human Rights City Designation December 2016 $200 1. Meeting Space – secure rooms 2. Audio/Video – CTS staff to The HRRC is hoping to secure Human Rights City Designation in the year 2016. assist with taping 3. Communication – social media, press release Progress Report: Initiative 4 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Community Conversations December 2016 None 1. Meeting Space 2. Report to CC The Human Rights City Designation hopes to use some of the information gathered from these meetings. Progress Report: City Manager Comments: Perfect example of how a BC adds value. Initiative 5 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Affordable Housing Expanding Opportunity 1. Continued education on affordable housing 2. Monitor status of Edina 3. Support current efforts December 2016 None 1. Administrative 2. Connecting with the committee as the topic arises at the City Most of this committee’s work has been surrounding and supporting the Edina Housing Foundations Affordable Housing Policy. They have also been in support and watching 66 West project. Progress Report: Initiative 6 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Convention of the Elimination of all forms of Discrimination Against Women (CEDAW) • Resolution • Education November 2016 $500 1. Audio/Video – CTS staff to be at event 2. Marketing Pieces – CTS request 3. Meeting space – securing space 4. Communications 34T34T Progress Report: Initiative 7 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Indigenous Peoples Day Designation September 2016 None 1. Admin support – submitting reports to City Council The request is not to replace Columbus Day but to adopt a designation for Indigenous Peoples Day. Progress Report: City Manager Comments: HRRC will propose to council to establish an Indigenous Peoples Day in Edina. Initiative 8 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments Co-sponsor Community Conversation with Edina Public Schools PCN (Parent Communication Network) October 2016 $150 1. Marketing pieces for event – CTS request 2. Communications One commission members is very well linked to the PCN. The topic has not been selected yet, but possibly ideas are “How to talk to your children: Race, Religion, and other Challenging Conversations” or Parents as Equity Educations” Progress Report: City Manager Comments: Need more clarification on conversation topic (see liaison comments). Initiative 9 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required (To be completed by Staff Liaison) Liaison Comments People of Faith Walking Together: Sharing Values, Sharing Community" • Community Event February 2016 $200 1. Marketing pieces for event – CTS request 2. Communications This event was added following the City Council work session on 11/17. Mayor asked HRRC to consider an event about “tolerance”. Idea is to bring representatives from multiple religions together for an event. Progress Report: Ongoing Responsibilities Edina Resource Center/Edina Community Council – HRRC Rep September to May, 3 year term Website/Blog Bias Offense Response and Prevention Plan: Review annually HRRC Rep to Human Services Task Force Other Work Plan Ideas Considered for Current Year or Future Years Partnership with Health Commission on prescription drug abuse awareness. Food Justice Initiative Proposed Month for Joint Work Session (one time per year, up to 60 minutes): July 2016 Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • No changes • Concerned about staff time consumption (CTS and liaison) for initiatives. Board/Commission: Park Board 2016 Annual Work Plan Initiative 1 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Inclusive Playground – Rosland Park (Board will propose to develop an inclusive playground.) December 2016 $200,000 Assistant Director – 80 hours, Park Superintendent – 4 hours, Recreation Supervisor – 30 hours. Funds are part of the CIP. Progress Report: Koren Nelson Initiative 2 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Fred Richards Park Master Plan October 2016 $75,000 Director – 160 hours, Assistant Director – 160 hours, Administrative Support Specialists – 16 hours, Public Works Director – 20 hours If project is pushed to 2017 then this initiative can be removed and added next year. Progress Report: Gerry Green, Greg Good Initiative 3 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Park Signage Replacement Plan & Begin Implementation (Board will propose plan to council for approval. If approved, the board will implement plan. December 2016 $500,000 Director – 120 hours and Assistant Director – 120 hours, Park Maintenance – 40 hours Funds are from the Park Dedication fees. Progress Report: Koren Hawk, Julie Strother, Brenda McCormick, Dan Gieseke Initiative 4 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Grandview Facility Planning (Grandview Task Force will provide recommendation to the Park Board, Park Board will provide recommendation to City Council.) July 2016 $60,000 Director – 160 hours, Assistant Director – 120 hours, Art Center General Manager – 160 hours, Recreation Supervisors – 100 hours Progress Report: Ellen Jones, Greg Good Initiative 5 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Analysis of current programs and Cost Recovery Expectations (CRE) for City recreational programs. December 2016 0 Assistant Director – 80 hours, Recreation Supervisors – 120 hours Progress Report: Greg Good, Ellen Jones, Aanik Lohani Initiative 6 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Recreation Programming and Facilities Marketing and Communication Delivery Review. Study utilization opportunities and implement Edina To Go App for Parks & Recreation. December 2016 0 Assistant Director – 80 hours, Recreation Supervisors – 80 hours, Facility General Managers – 20 hours, Communications Department Staff - ?? Progress Report: Julie Strother, Brenda McCormick, Lauren Crist Initiative 7 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Engage External Resources to Provide Environmental Programming December 2016 0 Recreation Supervisors – 40 hours Progress Report: Louise Segreto, Dan Gieseke Initiative 9 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Pollinator Garden – Park Property or Partnership with Edina Public Schools August 2016 $500 Recreation Supervisors – 40 hours (Board will propose plan to establish a pollinator garden on City or School District Property. If approved by Council, they will implement.) Progress Report: Brenda McCormick, Ellen Jones Initiative 10 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Multi-year Playground Renovation Plan December 2016 0 Assistant Director – 40 hours, Public Works Director, Park Maintenance – 40 hours Progress Report: Julie Strother, Ellen Jones Initiative 11 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Collaborate with Energy and Environment Commission on providing a recommendation regarding bottled water sales at City facilities. December 2016 0 Recreation Supervisors – 20 hours, Facility General Managers – 20 hours Progress Report: Park Board Members Ongoing Responsibilities Capital Improvement Plan Review; Fees and Charges Review; Election of Officers; Work Plans Other Work Plan Ideas Considered for Current Year or Future Years Cooperative Agreement with School District for use, upgrade and maintenance of Creek Valley Park athletic fields and Cornelia School Park athletic fields. Proposed Month for Joint Work Session: June Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • Keep Fred Richards initiative. • Remove initiative 8 - Fundraising – Friends of the Parks • Initiative 5 – changes as recommended by City Manager. Board/Commission: Planning Commission 2016 Annual Work Plan DRAFT Initiative 1 ☐ New Initiative ☐ Continued Initiative ☒ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval The Planning Commission is responsible to review all Land Use applications submitted to the City of Edina. Land Use applications include: Variances; Site Plan Review; Sketch Plan Review; Conditional Use Permits; Subdivision; Lot Line Adjustments; Rezoning; and Comprehensive Plan Amendments. To accomplish this responsibility the Planning Commission meets twice per month, on the second and fourth Wednesday of the month. The Planning Commission typically reviews 3-4 of the above requests each agenda. 2016 No Yes. Planning Staff spends the majority (over 70%) of its time in support of land use applications brought before the planning commission and city council. This includes meeting with applicants, preparing staff reports, answering questions from the public, preparing for and attending meetings, and project follow up to ensure compliance. Progress Report: Initiative 2 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval Small Area Plan/Density Study in the Southdale area – Conduct a Planning Study/Density Study for the Southdale area in conjunction with the engineering department’s study of transportation and utility capacity in the Southdale area. 2016 Yes - $75,000 (TIF) Yes. Staff time required scheduling and preparing for meetings; preparing background information; coordinating with the consultant. Estimated 15+ hours per week. Progress Report: Initiative 3 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval Begin the 2018 Comprehensive Plan – 4th Quarter of 2018 Yes Yes. This will require many 2016 hours of preparation before the work begins. We are estimating 5-10 hours per week, preparing a work plan, coordinating with staff, other commissions and the planning commission; preparing an RFI, assisting with consultant selection etc. Progress Report: 34T Initiative 4 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval Zoning Ordinance Amendments: Signs, Lighting, Parking 2016 No Yes. As time permits, staff will work with the Planning Commission on Zoning Ordinance Amendments. Progress Report: 34T Initiative 5 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Council Approval Monitoring Residential Redevelopment standards and ordinance 2016 No Yes. Residential Redevelopment Coordinator presents and update and issues to the Planning Commission yearly. Sometimes Ordinance Amendments follow to assist. (10-20 hours.) Progress Report: 34T Other Work Plan Ideas Considered for Current Year or Future Years Small Area Plan - Conduct a Small Area Plan for the Cahill and 70th Commercial area as defined in the Comprehensive Plan. May tie in to the 2018 Comprehensive Plan Proposed Month for Joint Work Session: May Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • No changes Board/Commission: Transportation Commission 2016 Annual Work Plan DRAFT Initiative 1 ☐ New Initiative ☒ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Study and Report Community Circulator December 2016 $10,000 Yes – 12 hours Progress Report: Initiative 2 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Organize and host a transportation-themed event with speaker(s). April 2016 $500 Yes – 4 hours CTS Progress Report: 34T Initiative 3 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Prepare and Comment on Comprehensive Pedestrian and Bicycle Plan for inclusion in 2018 Comprehensive Plan. October 2016 No – using PACS fund No – staff time would be included in department- level work plan Progress Report: 34T Initiative 4 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Review Edina To Go app and provide recommendations to staff regarding organization/categories for reporting concerns related to streets/transportation. December 2016 No Yes – 2 hours Progress Report: Initiative 5 ☒ New Initiative ☐ Continued Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments ☐ On-Going Initiative Review data from City’s QLS (2011, 2013, 2015) and conduct 2 public meetings to identify gaps around the City’s transportation systems. October 2016 No Yes – 2 hours Progress Report: 34T Initiative 6 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Make recommendations to staff for evaluation of the Living Streets and Streets Smarts outreach campaigns. October 2016 No Yes – 2 hours Progress Report: 34T Initiative 7 ☒ New Initiative ☐ Continued Initiative ☐ On-Going Initiative Target Completion Date Budget Required Staff Support Required Liaison Comments Provide input to staff on the creation of a walking map of the City indicating routes and areas of interest. October 2016 No Yes – 2 hours Progress Report: 34T Ongoing Responsibilities Living Streets Policy/Plan: Active Routes to School Comprehensive Plan – continue to look at opportunities for funding. Sidewalk Plan – prioritize sidewalk (PACS Fund) projects annually Way-finding Signage for bikeways and pedestrians Review/revise City Code for Plan implementation Make clear view recommendations for bicycles and pedestrians (by May 2016) Meet with Police Department and Public Works annually to discuss shared interests. Education and outreach activities around pedestrian, bicyclist and motorist safety Review transportation projects in the proposed Capital Improvement Program, including annual neighborhood street reconstruction projects Review monthly traffic safety committee reports Review Public Works street mill and overlays and seal coat projects as to opportunities for remarking for bicycle facilities Review transportation items in the Comprehensive Plan and make recommendations for study/implementation Other Work Plan Ideas Considered for Current Year or Future Years Proposed Month for Joint Work Session: June Council Comments: Work plans proposed by the Boards and Commissions were reviewed at the December 1 work session. The following changes/comments were made and are reflected on this work plan: • Initiative 1 – change language to “Study and Report” as recommended by City Manager. • Initiative 3 – change language to “Prepare and Comment” as recommended by City Manager. • Initiative 4 – broken up into 4 initiatives (4, 5, 6, 7). Changed language as recommend by the City Manager. Date: December 15, 2015 Agenda Item #: IV.D. To:Mayor and City Council Item Type: Report / Recommendation From:Heather Branigin, Executive Assistant Item Activity: Subject:Select date for Edina's 2016 Annual Volunteer Recognition Reception Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: That the Council select Wednesday, April 20th for Edina's 2016 Annual Volunteer Recognition Reception. INTRODUCTION: This is an annual dinner reception hosted by the City that recognizes volunteers from the community. The event will be held at Braemar Golf Club. This date does not conflict with evening advisory group meetings, spring break or religious holiday observance days. Note: Edina Public Schools Spring Break is March 26-April 1 Easter Sunday is March 27 Passover is April 23-30 (Sunset of 22nd) Date: December 15, 2015 Agenda Item #: IV.E. To:Mayor and City Council Item Type: Report / Recommendation From:Heather Branigin, Executive Assistant Item Activity: Subject:Select date for the 2016 Annual Meeting with Boards and Commissions Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: That the Council select the date of Monday, February 29th for the 2016 Boards and Commissions Annual Meeting. INTRODUCTION: This is a dinner meeting to introduce newly-appointed board and commission members and to recognize retiring members. The event will take place at Braemar Golf Club. This date does not conflict with evening advisory group meetings, Edina public schools spring break or religious holiday observance days. Note: Spring Break is March 26-April 1 Easter Sunday is March 27 Passover is April 23-30 (Sunset of the 22nd) Date: December 15, 2015 Agenda Item #: IV.F. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request For Purchase: RICE Compliance Generator Retro-fit - City Hall Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. The quotes are as follows: Ziegler Power Systems $43,960.00 Cummins NPowerLLC $42,197.00 Interstate Power Systems $53,395.00 This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends Ziegler Power Systems on this project. Even though there are the second lowest quote, they are the lowest aggregate for the 6 generators combined and the coordination effort between multiple departments would be minimized with a single Contractor. Date: December 15, 2015 Agenda Item #: IV.G. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request For Purchase: RICE Compliance Generator Retro-fit - West 50th Street Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. $35,400.00 is the cost to retro-fit the West 50th Street generator. Ziegler Power Systems provided the lowest aggregate quote for all six generators. The additional quotes are as follows: Interstate Power Systems at $46,450.00; Cummins NPower LLC at $36,065.40. This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends going with Ziegler Power Systems on this project. Date: December 15, 2015 Agenda Item #: IV.H. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request For Purchase: RICE Compliance Generator Retro-fit - Ruth Dr. Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. The quotes are as follows: Ziegler Power Systems $24,500.00 Cummins NPower LLC $36,425.00 Interstate Power Systems $37,675.00 This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends Ziegler Power Systems on this project. Date: December 15, 2015 Agenda Item #: IV.I. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request for Purchase: RICE Compliance Generator Retro-fit - Parklawn Ave. Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. $35,400.00 is the cost to retro-fit the Parklawn Ave. generator. Ziegler Power Systems provided the lowest aggregate quote for all six generators. The additional quotes are as follows: Interstate Power Systems at $47,675.00; Cummins NPower LLC at $36,065.40. This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends going with Ziegler Power Systems on this project. Date: December 15, 2015 Agenda Item #: IV.J. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request For Purchase: RICE Compliance Generator Retro-fit - Dublin Rd. Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. Ziegler Power Systems provided the lowest aggregate quote for all six generators. The quotes are as follows: Ziegler Power Systems $21,870.00 Cummins NPower LLC at $36,425.00 Interstate Power Systems $37,675.00 . This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends going with Ziegler Power Systems on this project. Date: December 15, 2015 Agenda Item #: IV.K. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request For Purchase: RICE Compliance Generator Retro-fit - 2nd Street Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: This is a request to approve the quoted cost to supply and install equipment to make the City's diesel engine generator NESHAP (National Emission Standards for Hazardous Air Pollutants) compliant. INTRODUCTION: The National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (“RICE NESHAP”) limits emissions of toxic air pollutants from stationary reciprocating internal combustion engines. RICE compliance is required by the EPA and is required for the city to continue participating in Xcel Energy's Electric Rate Savings Peak Control program. Over $60,000.00 a year is saved by participating in Xcel's program. $35,400.00 is the cost to retro-fit the 2nd Street generator. Ziegler Power Systems provided the lowest aggregate quote for all six generators. The additional quotes are as follows: Interstate Power Systems at $47,675.00; Cummins NPower LLC at $36,065.00 This amount along with the cost to retro-fit the other five generators is within the approved CIP #15-093 budget. City Staff recommends going with Ziegler Power Systems on this project. Date: December 15, 2015 Agenda Item #: IV.L. To:Mayor and City Council Item Type: Request For Purchase From:Patty McGrath, General Manager Edinborough Park/Aquatic Center Item Activity: Subject:Request for Purchase: Roof Repairs at Edinborough Park Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approval of Roof Repair Request for Purchase at Edinborough Park INTRODUCTION: The entire ceiling at Edinborough Park is made of glass. There are four broken windows that need replacement. ATTACHMENTS: Description Request for Purchase - Roof Repairs at Edinborough EP Roof Repair Bids City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 Mayor and City Council ☒ ☐ Patty McGrath, General Manager Edinborough Park/Aquatic Center Edinborough Park – Roof Repairs 10/15/2015 1/8/2016 Capital City Glass, Inc. Brin Northwestern $25,200 $49,425 Recommended Quote or Bid: Capital City Glass, Inc. Information/Background: The entire roof at Edinborough Park is made of glass and was originally installed in 1987. There are four broken windows that need to be replaced. Three of the windows are over the park and one is near the hotel entrance. Two of the broken windows negatively impact the view of residents in the Brookdale Edina property. All of the windows will be replaced with the exact same glass so they will match the existing windows. Although the glass is insulated and tempered, the cracked windows are unsightly and cause concern among our guests regarding the integrity of the roof. This is an approved 2015 CIP and will be paid for by the Construction Fund. The CIP budget amount is $190,500. The roof repairs originally consisted of three separate parts: 1) Repair the broken windows 2) Repair the sloped metal roofs 3) Eliminate water leaks throughout the park, especially in the primary customer areas of the Great Hall and Adventure Peak. At this time we have secured bids to replace the broken windows ($25,200) and repair the sloped metal roofs ($4,250). Eliminating the water leaks from the windows requires deconstructing the window frames, replacing gaskets and window glazing replacement. Due to the highly specialized nature of this work and the safety concerns related to reaching these areas, we have not been able to secure a qualified contractor. This is a time intensive process and accounted for a majority of the overall CIP budget. REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 We will continue to search out a contractor to do this work, as the leaking is increasing throughout the park presenting a potential hazard to our guests. This project will need to be completed at some point in the near future. Date: December 15, 2015 Agenda Item #: IV.M. To:Mayor and City Council Item Type: Request For Purchase From:Joe Abood, General Manager Item Activity: Subject:Request For Purchase: Surveillance System Braemar Golf Course Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request For Purchase of Surveillance System Braemar Golf Course INTRODUCTION: As approved in the 2015 CIP, a surveillance system is needed to protect the City of Edina's assets from theft and vandalism as well as safeguarding its employees and patrons. A surveillance system will also provide operational efficiency by monitoring customers and facility utilization. This system includes interior and exterior cameras and will connect to the city-wide system supported by the IT department. ATTACHMENTS: Description Request for Purchase - Surveillance System Braemar Golf Course Surveillance System Braemar GC Quote - Clubhouse Surveillance System Braemar GC Quote - Driving Range Surveillance System Braemar GC Quote - Maintenance City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 Mayor and City Council ☒ ☐ Joe Abood, General Manager Braemar Golf Course Surveillance System July 8, 2015 Jan. 8, 2016 Pro-Tec Design $52,953.49 Recommended Quote or Bid: Pro-Tec Design Information/Background: A surveillance system is needed to protect the City of Edina's assets from theft and vandalism as well as safeguarding its employees and patrons. This project includes the purchase and installation of a surveillance system at the Braemar main clubhouse, maintenance facility and the Driving Range Clubhouse. It will also provide operational efficiencies by monitoring customers and facility utilization. This project would include five cameras in the Driving Range Clubhouse, 18 cameras throughout the interior and exterior of the main clubhouse and three cameras in the maintenance facility. This would extend the city's existing Milestone network video surveillance system. There is no video camera system currently at Braemar Golf Course. This system would provide increased safety for our customers and staff, deter vandalism and theft and improve customer service and operational efficiency to assist with staffing in high traffic service areas. Braemar would utilize Pro-Tec Design, the same provider of the city's network video surveillance system. A surveillance system would allow us remote access to view key locations within the facility and assist staff in maintaining a safe environment for the public. This project is an approved CIP project for 2015. 5005 Cheshire Parkway - Suite #3 - - Minneapolis - MN - 55446 Phone: 763-553-1477 - Fax: 763-553-0204 - Email: solutions@pro-tecdesign.com Sold To:City of Edina Ship To:City of Edina Nick Lovejoy Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States 6364 John Harris Drive Edina, MN 55424-1394 United States Phone:(612) 203-0857 Phone:(612) 203-0857 Fax:Fax: Email:nlovejoy@EdinaMN.Gov Email:nlovejoy@EdinaMN.Gov Braemar Clubhouse Camera Addition The following proposal outlines the necessary items for extending the city's existing Milestone network video surveillance system. This includes 18 cameras at various locations in the Clubhouse. The 18 camera locations have been listed separately in the proposal to allow for easy understanding of the cost of the total project. This proposal can be amended to allow cameras to fit in any budget. Proposal Date Quote Valid For Quote #Rep Terms 07/08/15 30 days PTDQ10991-02 Tim Ferrian Net 30 days Description Unit Price Ext. PriceLineQty 1 1. Office Safe #1 2 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 3 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 4 1 $533.11 $533.11CAMERA, NETWORK, FIXED DOME, INDOOR, 2.8-6MM VFL, H.264/MJPEG, WDR, 720P (1 MEGAPIXEL) 5 200 $0.36 $72.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 6 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 7 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 8 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 9 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 10 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 11 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 12 1 $20.00 $20.00SHIPPING 13 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 14 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 15 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 16 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 17 $1,812.70 SubTotal 18 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 1 1 of 11 19 2. Clubroom (has cable, just pull back) 20 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 21 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 22 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 23 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 24 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 25 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 26 10 $1.20 $12.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 27 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 28 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 29 1 $20.00 $20.00SHIPPING 30 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 31 6 $88.00 $528.00SYSTEMS IMPLEMENTATION SPECIALIST II 32 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 33 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 34 $1,908.70 SubTotal 35 36 3. Front Pro-Shop Entrance 37 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 38 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 39 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 40 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 41 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 42 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 43 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 44 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 45 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 46 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 47 1 $20.00 $20.00SHIPPING 48 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 49 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 50 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 51 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 52 $2,150.70 SubTotal 53 54 4. Rear Pro-Shop Entrance 55 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 56 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 57 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 58 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 59 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 60 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 61 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 62 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 2 2 of 11 63 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 64 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 65 1 $20.00 $20.00SHIPPING 66 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 67 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 68 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 69 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 70 $2,150.70 SubTotal 71 72 5. Register Crossover #1 73 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 74 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 75 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 76 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 77 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 78 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 79 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 80 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 81 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 82 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 83 1 $20.00 $20.00SHIPPING 84 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 85 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 86 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 87 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 88 $2,150.70 SubTotal 89 90 6. Register Crossover #2 91 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 92 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 93 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 94 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 95 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 96 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 97 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 98 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 99 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 100 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 101 1 $20.00 $20.00SHIPPING 102 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 103 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 104 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 105 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 106 $2,150.70 SubTotal 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 3 3 of 11 107 108 7. Pro-Shop Apparel #1 109 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 110 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 111 1 $533.11 $533.11CAMERA, NETWORK, FIXED DOME, INDOOR, 2.8-6MM VFL, H.264/MJPEG,WDR, 720P (1 MEGAPIXEL) 112 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 113 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 114 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 115 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 116 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 117 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 118 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 119 1 $20.00 $20.00SHIPPING 120 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 121 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 122 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 123 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 124 $1,794.70 SubTotal 125 126 8. Pro-Shop Apparel #2 127 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 128 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 129 1 $533.11 $533.11CAMERA, NETWORK, FIXED DOME, INDOOR, 2.8-6MM VFL, H.264/MJPEG, WDR, 720P (1 MEGAPIXEL) 130 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 131 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 132 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 133 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 134 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 135 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 136 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 137 1 $20.00 $20.00SHIPPING 138 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 139 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 140 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 141 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 142 $1,794.70 SubTotal 143 144 9. Grill Entrance 145 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 146 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 147 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 148 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 149 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 150 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 4 4 of 11 151 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 152 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 153 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 154 1 $20.00 $20.00SHIPPING 155 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 156 5 $88.00 $440.00SYSTEMS IMPLEMENTATION SPECIALIST II 157 0.5 $88.00 $44.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 158 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 159 $1,788.70 SubTotal 160 161 10. Bag Drop 162 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 163 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 164 1 $800.11 $800.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3.3-12MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE,720P 165 200 $0.36 $72.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 166 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 167 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 168 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 169 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 170 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 171 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 172 1 $20.00 $20.00SHIPPING 173 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 174 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 175 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 176 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 177 $2,079.70 SubTotal 178 179 11. Front Banquet Entrance 180 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 181 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 182 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MMVFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 183 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 184 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 185 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 186 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 187 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 188 1 $20.00 $20.00SHIPPING 189 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 190 4 $88.00 $352.00SYSTEMS IMPLEMENTATION SPECIALIST II 191 0.5 $88.00 $44.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 192 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN &UPDATES 193 $1,676.70 SubTotal 194 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 5 5 of 11 195 12. Rear Banquet Entrance 196 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 197 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 198 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 199 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 200 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 201 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 202 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 203 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 204 1 $20.00 $20.00SHIPPING 205 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 206 4 $88.00 $352.00SYSTEMS IMPLEMENTATION SPECIALIST II 207 0.5 $88.00 $44.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 208 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 209 $1,676.70 SubTotal 210 211 13. Banquet Hall #1 212 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 213 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 214 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 215 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 216 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 217 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 218 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 219 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 220 1 $20.00 $20.00SHIPPING 221 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 222 4 $88.00 $352.00SYSTEMS IMPLEMENTATION SPECIALIST II 223 0.5 $88.00 $44.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 224 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 225 $1,676.70 SubTotal 226 227 14. Banquet Hall #2 228 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 229 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 230 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 231 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 232 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 233 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 234 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 235 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 236 1 $20.00 $20.00SHIPPING 237 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 238 4 $88.00 $352.00SYSTEMS IMPLEMENTATION SPECIALIST II 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 6 6 of 11 239 0.5 $88.00 $44.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 240 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 241 $1,676.70 SubTotal 242 243 15. Patio Camera 244 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 245 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 246 1 $34.71 $34.71WALL MOUNT BRACKET 247 1 $43.61 $43.61PENDANT KIT, FITS WALL MOUNT BRACKET OR 1.5" NPT THREAD, FOR P33-VE SERIES 248 1 $978.11 $978.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 249 200 $0.36 $72.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 250 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 251 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 252 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 253 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 254 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 255 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 256 1 $20.00 $20.00SHIPPING 257 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 258 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 259 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 260 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 261 $2,336.02 SubTotal 262 263 16. Pro Shop Entrance Camera 264 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 265 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 266 1 $34.71 $34.71WALL MOUNT BRACKET 267 1 $43.61 $43.61PENDANT KIT, FITS WALL MOUNT BRACKET OR 1.5" NPT THREAD, FOR P33-VE SERIES 268 1 $978.11 $978.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 269 200 $0.36 $72.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 270 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 271 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 272 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 273 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 274 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 275 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 276 1 $20.00 $20.00SHIPPING 277 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 278 10 $88.00 $880.00SYSTEMS IMPLEMENTATION SPECIALIST II 279 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 280 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 281 $2,512.02 SubTotal 282 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 7 7 of 11 283 17. Cart Washing 284 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 285 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 286 1 $978.11 $978.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 287 150 $0.36 $54.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 288 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 289 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 290 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 291 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 292 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 293 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 294 1 $20.00 $20.00SHIPPING 295 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 296 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 297 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 298 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 299 $2,239.70 SubTotal 300 301 18. Locker Hallway 302 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 303 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 304 1 $533.11 $533.11CAMERA, NETWORK, FIXED DOME, INDOOR, 2.8-6MM VFL, H.264/MJPEG, WDR, 720P (1 MEGAPIXEL) 305 1 $68.00 $68.00MOUNT, DROP CEILING, SMOKED, FOR P33 V SERIES 306 100 $0.36 $36.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 307 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 308 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 309 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 310 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 311 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 312 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 313 1 $20.00 $20.00SHIPPING 314 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 315 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 316 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 317 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 318 $1,844.70 SubTotal Total $35,421.24 All applicable sales tax has been included. 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 8 8 of 11 Statement of Work 1. Pro-Tec Design to provide all components needed for the camera system outlined above. 2. PTD to provide a 1-year warrenty on system proposed. 3. Proposal follows state contract S-813(5) guidelines. Exclusions 1. Edina to provide network connectivity including switches with PoE, IP addresses, and patch panels. 2. Edina to provide all work stations and servers for system functionality. 3. Wiremold painting by others if desired. Thank you again for giving me the opportunity to provide you with this information. If you should need any further clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal Acceptance portion of the proposal and return to me. Kathleen McKitrick 5005 Cheshire Parkway North, Suite 3 Minneapolis, MN 55446 Email kmckitrick@pro-tecdesign.com Office (763) 233-7422 Cell (612) 865-4580 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 9 9 of 11 GENERAL NOTES 1. Pricing is based on the work scope and drawings provided to Pro-Tec Design. 2. 110 VAC is PROVIDED by Others unless otherwise specified.3. Pricing assumes any existing equipment to be re-used is in good operational order. Additional time and material to repair existing equipment is outside this scope of work. 4. Pricing assumes any existing equipment to be re-used is fully compatible with new equipment in this work scope. PROPOSAL ACCEPTANCE Braemar Clubhouse Camera Addition City of Edina Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States City of Edina Printed Name and Title: Signature:Date: PO# / Reference # (optional): Pro-Tec Design, Inc. Printed Name and Title:Tim Ferrian Director of Sales & Marketing Signature:Date: 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 10 10 of 11 Pro-Tec Design, Inc. Standard Terms and Conditions 1. No liquidated damages will be due. 2. Protection of our work in place is not Pro-Tec Design's responsibility. 3. We will dispose of debris created by our work into Owner-furnished trash bins or container at the site.4. We do not accept back charges that have not been previously agreed to by us in writing. 5. Late payments will bear interest at the standard prevailing commercial rate. 6. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order (ARO). Prompt payment is required to order parts and cover other costs associated with project start-up.7. We shall then be paid monthly progress payments for agreed upon milestones on or before the 18th day of each month for the value of our work in place plus materials and equipment designed, manufactured, or suitably stored on or off site by us, including any taxes required by law. All invoices shall be paid "Net 30" to ensure uninterrupted performance of work. Final payment is due 30 days following the completion of the project punchlist. 8. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics’ Lien Laws.9. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed work and suitably stored materials. 10. We retain title to all equipment until installation is complete and reserve the right to retake possession of the same or any part thereof at your cost if default is made by you in any payment.11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work. 12. You shall provide uncluttered and safe access for us to perform our work.13. The schedule of any other contractors involved in this project shall be made in consultation with us, and unless otherwise agreed to, shallprovide time for us to perform our work on a 8-hour day, 40-hour week basis. This Proposal/Contract does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be made for any mutually agreed upon overtime. 14. We are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, including but not limited todelays or defaults of Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts ofGod. We shall be entitled to equitable adjustment for delays caused by any Architect, Engineer, Contractor, or Owner. 15. If any drawings, illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general style, arrangement, and dimensions of equipment offered. Final as-built drawings and specifications will be provided to the owner at project completion. 16. THERE ARE NO WARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS, AND ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.17. The Owner shall purchase and maintain all-risk builder's risk insurance upon the full value of the entire work including materials deliveredto the job site, which shall include the interests of Pro-Tec Design. 18. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees. 19. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein aresuperseded. 20. All work to be done during standard business hours, Monday through Friday unless otherwise noted or at a schedule that Pro-Tec Design believes will provide the most project continuity. 21. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of substantial completion provided the Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current. Pro-Tec Design will respond during normal business hours Monday through Friday. Weekends, Holidays and afterhours warranty support will be billable at standard overtime rates. Warranty does not include replacement or repair of equipment damaged by;Misuse, Over or Under Voltage, or “Acts of God” such as lightning or other weather related incidents. Warranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting, repair or replacement of NIC equipment willbe provided by Pro-Tec at a time and materials basis. 22. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for services any employee or contractor who performs services hereunder without Pro-Tec Design's written consent 23. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be disclosed to any party other than those intended by Pro-Tec Design, except as required by law. Impermissible disclosure of thisdesign/intent will subject the proprietor to Consultant Fees equivalent of the above listed design/build quotation. All materials are guaranteed to be as specified. Any alterations or deviation written or verbal from the above specifications involving extra costs will be executed and will become an extra charge over and beyond the above quotation. 24. This proposal and any documents associated with it supersede any prior verbal or written information provided. 25. Pro-Tec Design is not an insurer of Customer's risks and exposures. Pro-Tec shall not be liable for any failure to perform under thisAgreement due to any "Act of God," "Force Majeure," of an other cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful inury, or willful violiation of the law. 09/23/15 Braemar Clubhouse Camera Addition PTDQ10991-02 Page 11 11 of 11 5005 Cheshire Parkway - Suite #3 - - Minneapolis - MN - 55446 Phone: 763-553-1477 - Fax: 763-553-0204 - Email: solutions@pro-tecdesign.com Sold To:City of Edina Ship To:City of Edina Nick Lovejoy Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States 6364 John Harris Drive Edina, MN 55424-1394 United States Phone:(612) 203-0857 Phone:(612) 203-0857 Fax:Fax: Email:nlovejoy@EdinaMN.Gov Email:nlovejoy@EdinaMN.Gov Braemar Executive Building Camera Addition The following proposal outlines the necessary items for extending the city's existing Milestone network video surveillance system. This includes 5 cameras at various locations in the Executive Building. The 5 camera locations have been listed separately in the proposal to allow for easy understanding of the cost of the total project. This proposal can be amended to allow cameras to fit in any budget. Proposal Date Quote Valid For Quote #Rep Terms 07/07/15 30 days PTDQ10993-01 Tim Ferrian Net 30 days Description Unit Price Ext. PriceLineQty 1 1. Tee Box East 2 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 3 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 4 1 $1,245.11 $1,245.11BULLET-STYLE OUTDOOR-READY NETWORK CAMERA WITH 1080P DETAIL, BUILT-IN IR LEDS AND 18X OPTICAL ZOOM 5 75 $0.36 $27.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 6 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 7 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 8 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 9 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 10 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 11 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 12 1 $20.00 $20.00SHIPPING 13 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 14 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 15 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 16 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 17 $2,479.70 SubTotal 18 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 1 19 2. Tee Box West 20 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 21 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 22 1 $1,245.11 $1,245.11BULLET-STYLE OUTDOOR-READY NETWORK CAMERA WITH 1080P DETAIL, BUILT-IN IR LEDS AND 18X OPTICAL ZOOM 23 75 $0.36 $27.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 24 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 25 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 26 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 27 10 $1.20 $12.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 28 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 29 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 30 1 $20.00 $20.00SHIPPING 31 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 32 7.5 $88.00 $660.00SYSTEMS IMPLEMENTATION SPECIALIST II 33 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 34 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 35 $2,423.70 SubTotal 36 37 3. Register 38 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 39 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 40 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 41 75 $0.36 $27.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 42 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 43 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 44 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 45 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 46 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 47 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 48 1 $20.00 $20.00SHIPPING 49 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 50 7 $88.00 $616.00SYSTEMS IMPLEMENTATION SPECIALIST II 51 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 52 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 53 $2,035.70 SubTotal 54 55 4. Clubhouse 56 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 57 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 58 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MMVFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 59 75 $0.36 $27.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 60 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 61 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 62 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 2 63 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 64 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 65 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 66 1 $20.00 $20.00SHIPPING 67 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 68 7 $88.00 $616.00SYSTEMS IMPLEMENTATION SPECIALIST II 69 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 70 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 71 $2,035.70 SubTotal 72 73 5. Downstairs Garage Door 74 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 75 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 76 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 77 125 $0.36 $45.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 78 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 79 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 80 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 81 20 $1.20 $24.00WIREMOLD V500 RACEWAY, IVORY PER FOOT 82 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 83 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 84 1 $20.00 $20.00SHIPPING 85 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 86 7.5 $88.00 $660.00SYSTEMS IMPLEMENTATION SPECIALIST II 87 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 88 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 89 $2,097.70 SubTotal 90 Total $11,072.50 All applicable sales tax has been included. 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 3 Statement of Work 1. Pro-Tec Design to provide all components needed for the camera system outlined above. 2. PTD to provide a 1-year warrenty on system proposed. 3. Proposal follows state contract S-813(5) guidelines. Exclusions 1. Edina to provide network connectivity including switches with PoE, IP addresses, and patch panels. 2. Edina to provide all work stations and servers for system functionality. 3. Wiremold painting by others if desired. 4. Existing camera system removed by others. Thank you again for giving me the opportunity to provide you with this information. If you should need any further clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal Acceptance portion of the proposal and return to me. Kathleen McKitrick 5005 Cheshire Parkway North, Suite 3 Minneapolis, MN 55446 Email kmckitrick@pro-tecdesign.com Office (763) 233-7422 Cell (612) 865-4580 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 4 GENERAL NOTES 1. Pricing is based on the work scope and drawings provided to Pro-Tec Design. 2. 110 VAC is PROVIDED by Others unless otherwise specified.3. Pricing assumes any existing equipment to be re-used is in good operational order. Additional time and material to repair existing equipment is outside this scope of work. 4. Pricing assumes any existing equipment to be re-used is fully compatible with new equipment in this work scope. PROPOSAL ACCEPTANCE Braemar Executive Building Camera Addition City of Edina Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States City of Edina Printed Name and Title: Signature:Date: PO# / Reference # (optional): Pro-Tec Design, Inc. Printed Name and Title:Tim Ferrian Director of Sales & Marketing Signature:Date: 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 5 Pro-Tec Design, Inc. Standard Terms and Conditions 1. No liquidated damages will be due. 2. Protection of our work in place is not Pro-Tec Design's responsibility. 3. We will dispose of debris created by our work into Owner-furnished trash bins or container at the site.4. We do not accept back charges that have not been previously agreed to by us in writing. 5. Late payments will bear interest at the standard prevailing commercial rate. 6. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order (ARO). Prompt payment is required to order parts and cover other costs associated with project start-up.7. We shall then be paid monthly progress payments for agreed upon milestones on or before the 18th day of each month for the value of our work in place plus materials and equipment designed, manufactured, or suitably stored on or off site by us, including any taxes required by law. All invoices shall be paid "Net 30" to ensure uninterrupted performance of work. Final payment is due 30 days following the completion of the project punchlist. 8. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics’ Lien Laws.9. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed work and suitably stored materials. 10. We retain title to all equipment until installation is complete and reserve the right to retake possession of the same or any part thereof at your cost if default is made by you in any payment.11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work. 12. You shall provide uncluttered and safe access for us to perform our work.13. The schedule of any other contractors involved in this project shall be made in consultation with us, and unless otherwise agreed to, shallprovide time for us to perform our work on a 8-hour day, 40-hour week basis. This Proposal/Contract does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be made for any mutually agreed upon overtime. 14. We are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, including but not limited todelays or defaults of Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts ofGod. We shall be entitled to equitable adjustment for delays caused by any Architect, Engineer, Contractor, or Owner. 15. If any drawings, illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general style, arrangement, and dimensions of equipment offered. Final as-built drawings and specifications will be provided to the owner at project completion. 16. THERE ARE NO WARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS, AND ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.17. The Owner shall purchase and maintain all-risk builder's risk insurance upon the full value of the entire work including materials deliveredto the job site, which shall include the interests of Pro-Tec Design. 18. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees. 19. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein aresuperseded. 20. All work to be done during standard business hours, Monday through Friday unless otherwise noted or at a schedule that Pro-Tec Design believes will provide the most project continuity. 21. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of substantial completion provided the Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current. Pro-Tec Design will respond during normal business hours Monday through Friday. Weekends, Holidays and afterhours warranty support will be billable at standard overtime rates. Warranty does not include replacement or repair of equipment damaged by;Misuse, Over or Under Voltage, or “Acts of God” such as lightning or other weather related incidents. Warranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting, repair or replacement of NIC equipment willbe provided by Pro-Tec at a time and materials basis. 22. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for services any employee or contractor who performs services hereunder without Pro-Tec Design's written consent 23. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be disclosed to any party other than those intended by Pro-Tec Design, except as required by law. Impermissible disclosure of thisdesign/intent will subject the proprietor to Consultant Fees equivalent of the above listed design/build quotation. All materials are guaranteed to be as specified. Any alterations or deviation written or verbal from the above specifications involving extra costs will be executed and will become an extra charge over and beyond the above quotation. 24. This proposal and any documents associated with it supersede any prior verbal or written information provided. 25. Pro-Tec Design is not an insurer of Customer's risks and exposures. Pro-Tec shall not be liable for any failure to perform under thisAgreement due to any "Act of God," "Force Majeure," of an other cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful inury, or willful violiation of the law. 07/07/15 Braemar Executive Building Camera Addition PTDQ10993-01 Page 6 5005 Cheshire Parkway - Suite #3 - - Minneapolis - MN - 55446 Phone: 763-553-1477 - Fax: 763-553-0204 - Email: solutions@pro-tecdesign.com Sold To:City of Edina Ship To:City of Edina Nick Lovejoy Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States 6364 John Harris Drive Edina, MN 55424-1394 United States Phone:(612) 203-0857 Phone:(612) 203-0857 Fax:Fax: Email:nlovejoy@EdinaMN.Gov Email:nlovejoy@EdinaMN.Gov Braemar Maintenance Building Camera Addition The following proposal outlines the necessary items for extending the city's existing Milestone network video surveillance system. This includes 3 cameras at various locations in the Maintenance Building. The 3 camera locations have been listed separately in the proposal to allow for easy understanding of the cost of the total project. They include 1 camera outside the end of the building nearest the entrance viewing the fuel pump acitivity, 1 camera outside the garage doors viewing across them, and one camera inside the garage viewing activity there. Proposal Date Quote Valid For Quote #Rep Terms 07/06/15 30 days PTDQ10994-01 Tim Ferrian Net 30 days Description Unit Price Ext. PriceLineQty 1 1. Fuel Pumps 2 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 3 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1 YEAR 4 1 $800.11 $800.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3.3-12MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE,720P 5 1 $43.61 $43.61PENDANT KIT, FITS WALL MOUNT BRACKET OR 1.5" NPT THREAD, FORP33-VE SERIES 6 1 $74.76 $74.76WALL BRACKET. FOR USE WITH AXIS P55-SERIES, AXIS Q60-SERIES PTZ DOME NETWORK CAMERAS, AXIS P33 SERIES PENDANT KIT, AXIS P33-VE SERIES PENDANT KIT, AXIS 225 PENDANT KIT AND AXIS 216/P3301 PENDANT KIT. INCLUDES MOUNTING PLATE. WHITE. 7 100 $0.36 $36.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 8 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 9 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 10 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 11 1 $6.05 $6.05CONDUIT, 3/4" EMT 10FT 12 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 13 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 14 1 $20.00 $20.00SHIPPING 15 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 1 16 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 17 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 18 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 19 $2,144.12 SubTotal 20 21 2. Garage Entrance 22 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 23 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 24 1 $800.11 $800.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, OUTDOOR, 3.3-12MM VFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 25 1 $43.61 $43.61PENDANT KIT, FITS WALL MOUNT BRACKET OR 1.5" NPT THREAD, FOR P33-VE SERIES 26 1 $74.76 $74.76WALL BRACKET. FOR USE WITH AXIS P55-SERIES, AXIS Q60-SERIES PTZ DOME NETWORK CAMERAS, AXIS P33 SERIES PENDANT KIT, AXIS P33-VE SERIES PENDANT KIT, AXIS 225 PENDANT KIT AND AXIS 216/P3301PENDANT KIT. INCLUDES MOUNTING PLATE. WHITE. 27 100 $0.36 $36.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 28 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 29 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 30 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 31 1 $6.05 $6.05CONDUIT, 3/4" EMT 10FT 32 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 33 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 34 1 $20.00 $20.00SHIPPING 35 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 36 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 37 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 38 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 39 $2,144.12 SubTotal 40 41 3. Interior Garage 42 1 $175.12 $175.12SOFTWARE, XPROTECT ENTERPRISE, DEVICE LICENSE, 1 CHANNEL 43 1 $31.68 $31.68PMA SOFTWARE SUPPORT, XPROTECT ENTERPRISE, CAMERA LICENSE, 1YEAR 44 1 $889.11 $889.11CAMERA, NETWORK, FIXED DOME, VANDAL RESISTANT, INDOOR, 3-9MMVFL, H.264/MJPEG, WDR, LIGHTFINDER, BUILT-IN MICROPHONE, 720P 45 1 $0.00 $0.00PENDANT KIT, FITS WALL MOUNT BRACKET OR 1.5" NPT THREAD, FOR P33/P33V SERIES CAMERA DOMES 46 1 $74.76 $74.76WALL BRACKET. FOR USE WITH AXIS P55-SERIES, AXIS Q60-SERIES PTZ DOME NETWORK CAMERAS, AXIS P33 SERIES PENDANT KIT, AXIS P33-VE SERIES PENDANT KIT, AXIS 225 PENDANT KIT AND AXIS 216/P3301 PENDANT KIT. INCLUDES MOUNTING PLATE. WHITE. 47 50 $0.36 $18.00CABLE, CAT 6, 23AWG 4PR PLENUM CMP 550MHZ BLUE JACKET, PER FOOT 48 1 $6.78 $6.78CAT6 QUICKPORT CONNECTOR JACK IVORY, LEVITON 49 1 $1.75 $1.75SURFACE MOUNT BOX, 1-PORT, IVORY, QUICKPORT LEVITON 50 2 $2.93 $5.86CAT6 PATCH CABLE, 7-FOOT YELLOW W/SLIM BOOT 51 1 $6.05 $6.05CONDUIT, 3/4" EMT 10FT 52 1 $44.40 $44.40MISC. MATERIALS, CONNECTORS, ETC. 53 1 $18.00 $18.00WARRANTY & SUPPORT (1 YEAR) 54 1 $20.00 $20.00SHIPPING 55 0.5 $88.00 $44.00ENGINEERING SERVICES - SYSTEM DESIGN & DOCUMENTATION 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 2 56 8 $88.00 $704.00SYSTEMS IMPLEMENTATION SPECIALIST II 57 1 $88.00 $88.00PROJECT MANAGER - LABOR & MATERIAL SCHEDULING & COORDINATION 58 0.5 $88.00 $44.00CAD DESIGN SERVICE - SYSTEM SCHEMATIC & BLUEPRINT DESIGN & UPDATES 59 $2,171.51 SubTotal 60 Total $6,459.75 All applicable sales tax has been included. 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 3 Statement of Work 1. Pro-Tec Design to provide all components needed for the camera system outlined above. 2. PTD to provide a 1-year warrenty on system proposed. 3. Proposal follows state contract S-813(5) guidelines. Exclusions 1. Edina to provide network connectivity including swithces with PoE, IP addresses, and patch panels. 2. Edina to provide all work stations and servers for system functionality. Thank you again for giving me the opportunity to provide you with this information. If you should need any further clarification or assistance, don't hesitate to contact me! To proceed with the proposal, please sign the Proposal Acceptance portion of the proposal and return to me. Kathleen McKitrick 5005 Cheshire Parkway North, Suite 3 Minneapolis, MN 55446 Email kmckitrick@pro-tecdesign.com Office (763) 233-7422 Cell (612) 865-4580 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 4 GENERAL NOTES 1. Pricing is based on the work scope and drawings provided to Pro-Tec Design. 2. 110 VAC is PROVIDED by Others unless otherwise specified.3. Pricing assumes any existing equipment to be re-used is in good operational order. Additional time and material to repair existing equipment is outside this scope of work. 4. Pricing assumes any existing equipment to be re-used is fully compatible with new equipment in this work scope. PROPOSAL ACCEPTANCE Braemar Maintenance Building Camera Addition City of Edina Nick Lovejoy 6364 John Harris Drive Edina, MN 55424-1394 United States City of Edina Printed Name and Title: Signature:Date: PO# / Reference # (optional): Pro-Tec Design, Inc. Printed Name and Title:Tim Ferrian Director of Sales & Marketing Signature:Date: 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 5 Pro-Tec Design, Inc. Standard Terms and Conditions 1. No liquidated damages will be due. 2. Protection of our work in place is not Pro-Tec Design's responsibility. 3. We will dispose of debris created by our work into Owner-furnished trash bins or container at the site.4. We do not accept back charges that have not been previously agreed to by us in writing. 5. Late payments will bear interest at the standard prevailing commercial rate. 6. Unless otherwise specified, you will be billed for 30% of the project total immediately after the receipt of an order (ARO). Prompt payment is required to order parts and cover other costs associated with project start-up.7. We shall then be paid monthly progress payments for agreed upon milestones on or before the 18th day of each month for the value of our work in place plus materials and equipment designed, manufactured, or suitably stored on or off site by us, including any taxes required by law. All invoices shall be paid "Net 30" to ensure uninterrupted performance of work. Final payment is due 30 days following the completion of the project punchlist. 8. No provisions of this Proposal/Contract shall serve to void our rights under Mechanics’ Lien Laws.9. Nothing in this Proposal/Contract shall be construed to require us to continue performance of work if we do not receive timely payment for properly performed work and suitably stored materials. 10. We retain title to all equipment until installation is complete and reserve the right to retake possession of the same or any part thereof at your cost if default is made by you in any payment.11. You shall furnish and make available to us at the site reasonable storage and parking facilities, and convenient delivery access to our work. 12. You shall provide uncluttered and safe access for us to perform our work.13. The schedule of any other contractors involved in this project shall be made in consultation with us, and unless otherwise agreed to, shallprovide time for us to perform our work on a 8-hour day, 40-hour week basis. This Proposal/Contract does not include provision for our being required to perform overtime work for any reasons unless otherwise stated. An additional charge to the contract shall be made for any mutually agreed upon overtime. 14. We are not responsible for delays or defaults that are occasioned by causes of any kind beyond our control, including but not limited todelays or defaults of Architects, the Owner, the Contractor, any Subcontractors, other third parties, civil disorders, labor disputes, and Acts ofGod. We shall be entitled to equitable adjustment for delays caused by any Architect, Engineer, Contractor, or Owner. 15. If any drawings, illustrations, or descriptive matter are furnished with this Proposal/Contract, they are approximate and submitted only to show the general style, arrangement, and dimensions of equipment offered. Final as-built drawings and specifications will be provided to the owner at project completion. 16. THERE ARE NO WARRANTIES THAT EXTEND BEYOND PRO-TEC DESIGN'S STATED SPECIFICATIONS, AND ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.17. The Owner shall purchase and maintain all-risk builder's risk insurance upon the full value of the entire work including materials deliveredto the job site, which shall include the interests of Pro-Tec Design. 18. In case of dispute, the prevailing party shall be awarded reasonable attorney's fees. 19. This Proposal/Contract, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and Pro-Tec Design shall constitute the Contract between us, and all prior representations or agreements not incorporated herein aresuperseded. 20. All work to be done during standard business hours, Monday through Friday unless otherwise noted or at a schedule that Pro-Tec Design believes will provide the most project continuity. 21. Pro-Tec Design will warranty the labor and materials covered under this quotation for one year from the date of substantial completion provided the Owner is current in their payments to Pro-Tec Design, Inc. Accounts that are not current shall not receive warranty work until said accounts are made current. Pro-Tec Design will respond during normal business hours Monday through Friday. Weekends, Holidays and afterhours warranty support will be billable at standard overtime rates. Warranty does not include replacement or repair of equipment damaged by;Misuse, Over or Under Voltage, or “Acts of God” such as lightning or other weather related incidents. Warranty only covers the repair or replacement of any parts supplied by Pro-Tec and any labor and travel to and from the site to execute said repairs for one (1) year from the date the Owner has beneficial use of the system. No warranty is extended to not in contract (NIC) equipment. NIC equipment is defined as any equipment not supplied by Pro-Tec or existing equipment that is re-used. The troubleshooting, repair or replacement of NIC equipment willbe provided by Pro-Tec at a time and materials basis. 22. Customer agrees that during the term of this contract and for two years following termination, they will not directly or indirectly solicit for hire nor contract for services any employee or contractor who performs services hereunder without Pro-Tec Design's written consent 23. The design and/or intent of the items listed in this system specification is considered intellectual property and owned by Pro-Tec Design and will not be disclosed to any party other than those intended by Pro-Tec Design, except as required by law. Impermissible disclosure of thisdesign/intent will subject the proprietor to Consultant Fees equivalent of the above listed design/build quotation. All materials are guaranteed to be as specified. Any alterations or deviation written or verbal from the above specifications involving extra costs will be executed and will become an extra charge over and beyond the above quotation. 24. This proposal and any documents associated with it supersede any prior verbal or written information provided. 25. Pro-Tec Design is not an insurer of Customer's risks and exposures. Pro-Tec shall not be liable for any failure to perform under thisAgreement due to any "Act of God," "Force Majeure," of an other cause beyond Pro-Tec Design's control. Pro-Tec Design shall not be liable for any loss or damage caused in whole or in part from negligence, fault, or wrongful act of Customer or of any third persons or parties. Services provided under this Agreement are for the sole benefit of the Customer and no rights are, or may be, conferred on any other party as a third-party beneficiary, by transfer or assignment, or otherwise. Pro-Tec Design's total liability is limited to the contract price; as matter of law, this limitation does not apply to fraud, willful inury, or willful violiation of the law. 07/06/15 Braemar Maintenance Building Camera Addition PTDQ10994-01 Page 6 Date: December 15, 2015 Agenda Item #: IV.N. To:Mayor and City Council Item Type: Report / Recommendation From:Patty McGrath, General Manager Edinborough Park/Aquatic Center Item Activity: Subject:Accepting Restricted Donation from Aquajets, Aquatic Center Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Accept donation and approve written agreement INTRODUCTION: The Aquajets Swim Team has made a $30,000 restricted donation toward the purchase of the main pool filter at the Aquatic Center. ATTACHMENTS: Description Staff Report: Accepting Restricted Donation from Aquajets Restricted Donation Agreement and Letter of Intent December 15, 2015 Mayor and City Council Patty McGrath, General Manager Edinborough Park/Aquatic Center Accepting Restricted Donation from Aquajets, Aquatic Center Information / Background: The Aquajets Swim Team has made a $30,000 restricted donation toward the purchase of the new filter for the main pool at the Aquatic Center. I am requesting approval of the written agreement, signifying that we accept the donation. THE AQU4JETS SWIM _ - BY: Nani :rJ "7-ri%)64-Ari CITY OF EDINA RESTRICTED DONATION AGREEMENT Agreement made December 15,, 2015 by and between the City of Edina, a MinnesoM Municipal Corporation ("Civil, whose address is 4801 W. 50' Street, Edina, Minnie-Son 55424, and The Aquajets Swim Club ("Donor''), whose ;ItIldieSS is 6545 Flying Cloud Drive, Eden Praiirie, ilinnesora 55344. NOW THEREFORE in ,consideration of their mutual covenants the parties agree ;as fullowv, 1. APPROVAL. This Agrrnent is contingent upon the City COurkCii A5Fitirkg a resolution pursuant to Minnesota Statutes Section 465.03 accepting the donation subject to the terms of this Agreement 2, DONATION, The Donor donates: to the City $30,000,00 to be used toward the purchase of a replacement filter for the City's 50 meter pool.. If the City does not use the money for the intended purpose the City must return tho money WI the &mow-. CITY OF EDINA BY: AND James B, Hovland, Mayor Scott R Neal. City Manager Title: 1. I:813410 EXHIBIT "A" To: Mayor James Hovland Edina City Council Edina Park &Recreation Department 4801 W. 50th Street Edina, MN 55424 Re: Aquajets Swim Team Donation The Aquajets Swim Team is pleased to offer a donation of $30,000 to the City of Edina. It is our intention that this money be used toward the purchase of a replacement filter for the 50-meter pool at the Edina Aquatic Center. This new filter will benefit everyone using the pool with cleaner water and will especially benefit our community through significant operating cost savings by reducing the amount of water and chemicals used. The Aquajets has enjoyed many years of use of the pool. We recognize this donation does not provide our club any special privileges related to pool use or rental rates. This is our way of giving back to the Edina Aquatic Center and saying thank you. Regards, JTW John T. Wanninger President, Aquajets Swim Team 2 181341v1 Date: December 15, 2015 Agenda Item #: IV.O. To:Mayor and City Council Item Type: Request For Purchase From:Patty McGrath, General Manager Edinborough Park/Aquatic Center Item Activity: Subject:Request For Purchase: Main Pool Filter Replacement at Aquatic Center Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approval of Main Pool Filter Replacement Request for Purchase INTRODUCTION: The current filters were installed in 1997 and have surpassed their approximate useful life of 12-15 years. It is essential to replace the filter to ensure the pool water remains clean, clear and sanitized for all guests. ATTACHMENTS: Description Staff Report Edina Aquatic Center Pool Filter City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 Mayor and City Council ☒ ☐ Patty McGrath, General Manager Edinborough Park/Aquatic Center Aquatic Center – Main pool filter replacement December 7, 2015 January 7, 2015 Aqua Logic Horizon Pool Supply $162,500 $205,000 Recommended Quote or Bid: Aqua Logic Information/Background: Proper pool filtration is essential to the operation and to keep the pool water safe and sanitized. The filter not only impacts water clarity but the overall experience including the smell and feel of the water. Annual attendance at the Aquatic Center typically exceeds 125,000 visits in three months, including season pass holders, paid daily admissions, and group visits. The water quality is also a key factor for revenue generated from Swim Club rentals and the swim lesson contractor. Due to the high volume of visitors, the filtration system is critical for keeping the pool operating at capacity. The approximate useful life of a filter is 12-15 years. The current filters were installed in 1997 and have exceeded their approximate useful life. Over the last several years, there have been many improvements in the filtration industry. The Defender filter, manufactured by Neptune-Benson, is a “green” product and known for providing excellent water quality as well as cost savings. The installation and operation of the new filter will generate cost savings by reducing water waste through backwashing, which in turn saves chemicals and energy. This is an approved 2015 CIP and will be paid for out of the Aquatic Center Fund. The CIP budget amount was $189,000. In addition, the Aquajets Swim Team has made a restricted donation in the amount of $30,000 to help offset the cost of the new filter. Aquatic Design Solutions, LLC was hired REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 as the consultant to work through the sealed bid process. The consultant is responsible for the preparation of all construction documents, bidding and construction administration. Demolition of the existing filtration equipment will take place throughout the winter and the new filter will be installed prior to the 2016 season. Staff requests that the City Council award the bid to Aqua Logic. Roger Knutson, City Attorney, has prepared a professional services contract for Aqua Logic. Date: December 15, 2015 Agenda Item #: IV.P. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, PE, Director of Engineering Item Activity: Subject:Request for Purchase: Authorize Engineering Services for Tracy Avenue - Final Design and Construction Administration Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Authorize final design and construction administration engineering services for Tracy Avenue from Benton Avenue to approximately TH-62 with WSB & Associates, Inc. INTRODUCTION: ATTACHMENTS: Description Request for Purchase and Proposal City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 MAYOR AND CITY COUNCIL ☒ ☐ Chad A. Millner, PE, Director of Engineering Request for Purchase – Authorize Engineering Services for Tracy Avenue – Final Design and Construction Administration N/A N/A WSB & Associates, Inc. $355,942.00 Recommended Quote or Bid: WSB & Associates, Inc. $355,942.00 Information/Background: Tracy Avenue from Benton Avenue to approximately TH-62 was approved for reconstruction at the public hearing on Dec. 8. The project involves reconstruction of approximately 3,300 linear feet of road, new sidewalk and bike lanes, and utility improvements. WSB has completed the preliminary engineering study and this proposal allows them to complete the project through construction. Funding for this was included in the cost estimate provided at the public hearing. Staff recommends approving the proposal with WSB & Associates, Inc. Attachment: • Engineering Proposal Infrastructure  Engineering  Planning  Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 Minneapolis  St. Cloud Equal Opportunity Employer November 29, 2015 Mr. Chad Millner, PE Director of Engineering City of Edina 7450 Metro Boulevard Edina, MN 55439 Re: Tracy Avenue Final Design and Construction Administration Proposal for Engineering Services City of Edina, MN Dear Mr. Millner: WSB & Associates, Inc. (WSB) are pleased to submit the attached proposal for the Final Design and Construction Administration Engineering Services for improvements on Tracy Avenue. The total for this work is $355,942. This includes $116,684 for final design and $239,258 for construction administration. We are eager and ready to start the next phase of this project. If you have any questions about this proposal, please do not hesitate to contact me at 763-287-7149. Sincerely, WSB & ASSOCIATES, INC. Andrew Plowman, PE Project Manager Attachments Proposal – Tracy Avenue Page 1 Final Design and Construction Administration City Of Edina Tracy Avenue Final Design and Construction Administration Engineering Services SCOPE OF WORK Task 1 – Final Design 1.1 Project Management: This task includes project management activities to ensure the project stays on schedule and on budget. This task will include meetings, as necessary, with the City Engineer and necessary City staff. 1.2 Utility Coordination Process: This task includes following the MnDOT utility coordination process. WSB will lead a meeting with the private utilities. The existing utilities will be shown in the plan set and WSB will coordinate with the private utilities to ensure conflicts are avoided, if possible, or relocated. 1.3 City Utility Design: This task will include analyzing the City water main and sanitary sewer and designing the items to be implemented in the final plan set. 1.4 Alignments, Profiles and Cross Section: This task includes finalizing the geometric design for the project based on the approved engineering report. 1.5 Storm Sewer Design: This task includes the storm sewer design for Tracy Avenue based on state aid standards. It is anticipated the new storm sewer will be able to outlet to existing storm sewer and no on-site ponding will need to be constructed. 1.6 Plan Preparation (State Aid Plans): WSB will complete the final design plans for the project in order to successfully get the project approved for State Aid funding and bid the project no later than March, 2016. 1.7 Bid Preparation, Permits and Specifications: WSB will compile all the applicable specifications for the project which includes the City Standard specifications and all necessary special provisions. WSB will submit all necessary permits; including the Nine Mile Creek Watershed permit and the NPDES permit. WSB will answer contractor’s questions during bidding and complete the bid tabulation. Task 2 – Construction Administration 2.1 Weekly Meetings: WSB will lead the weekly meetings, including the preconstruction meeting. It is assumed the project will be a 20 week construction project. WSB will complete the meeting minutes and distribute to the attendees from each meeting. Proposal – Tracy Avenue Page 2 Final Design and Construction Administration City Of Edina 3.2 Administration, Pay Vouchers, Change Orders, etc.: This task includes all the necessary administration items related to the construction administration with the contractor. All change orders will need to be submitted and approved at MnDOT State Aid, WSB will be responsible to obtain approval. WSB will generate the pay vouchers and separate the quantities based on the funding splits developed with the final plans. WSB will complete weekly City Extra text which will be posted by City staff. 3.3 Construction Observation: WSB will provide one full-time observer to be on-site during the duration of the project. It is assumed the project will include a 20 week construction schedule. The observer will answer contractor and resident questions and relay all necessary information to the project manager and City staff. 3.4 Staking: This task includes staking the project per the design. This includes offsets for the storm sewer, sanitary sewer and water main items as well as offsets for the curb and gutter construction. WSB will also provide blue tops for the subgrade. 3.5 As-built: Upon completion of the project, WSB will survey the location the actual inverts and top of castings of the existing structures and complete an as-built plan, based on City standards. Proposal – Tracy Avenue Page 3 Final Design and Construction Administration City Of Edina ESTIMATED COST The table below shows a summary of WSB’s estimate of the cost for the work described above. The estimated cost is $355,942. This includes WSB’s labor at our standard hourly billing rates. WSB will bill the City for the actual hours worked up to the maximum of $355,942. A detailed breakdown of the hours can be found on the following page. Tasks Project Cost Task 1 – Final Design $116,684 Task 2 – Construction Administration $239,258 Total Cost $355,942 Pr i n c i p a l P r o j e c t D e s i g n En g i n e e r T r a f f i c 2 Pe r s o n C A D Te c h /Clerical T o t a l Cost Ma n a g e r O b s e r v e r E n g i n e e r S u r v e y Cr e w G I S H o u r s Ta s k D e s c r i p t i o n 1. 0 F i n a l De s i g n 1.1 P r o j e c t Ma n a g e m e n t 2 1 6 8 8 3 4 $ 3 , 8 2 8 . 0 0 1.2 U t i l i t y Co o r d i n a t i o n Pr o c e s s 2 1 6 4 2 2 $ 2 , 8 6 0 . 0 0 1.3 C i t y Ut i l i t y De s i g n 2 8 4 0 4 0 4 9 4 $ 9 , 7 5 6 . 0 0 1.4 A l i g n m e n t s , Pr o f i l e s an d Cr o s s Se c t i o n s 2 1 6 9 6 4 0 1 5 4 $ 1 6 , 0 3 6 . 0 0 1.5 S t o r m Se w e r De s i g n 24 6 0 8 4 0 1 3 2 $ 1 4 , 8 4 8 . 0 0 1.6 P l a n Pr e p a r a t i o n (S t a t e Ai d Pl a n s ) 1 3 2 2 4 0 2 4 8 0 6 4 8 2 $ 5 2 , 9 4 8 . 0 0 1.7 B i d Pr e p a r a t i o n , Pe r m i t s an d Sp e c i f i c a t i o n s 4 3 2 8 0 1 6 2 4 1 5 6 $ 1 6 , 4 0 8 . 0 0 12 2 4 4 5 2 8 4 0 8 2 0 0 4 2 1 , 0 7 4 $ 1 1 6 , 6 8 4 . 0 0 2. 0 C o n s t r u c t i o n Ad m i n i s t r a t i o n 2.1 W e e k l y Me e t i n g s 4 4 0 4 0 4 4 9 2 $ 1 1 , 1 9 6 . 0 0 2.2 A d m i n i s t r a t i o n , Pa y Vo u c h e r s , Ch a n g e Or d e r s , Et c . 5 4 6 0 1 6 1 3 0 $ 1 4 , 3 2 2 . 0 0 2.3 C o n s t r u c t i o n Ob s e r v a t i o n 24 1 6 0 0 1 , 6 2 4 $ 1 6 0 , 0 4 0 . 0 0 2.4 S t a k i n g 18 0 1 6 1 9 6 $ 3 6 , 9 4 4 . 0 0 2.5 A s ‐Bu i l t s 12 3 2 4 0 4 0 1 2 4 $ 1 6 , 7 5 6 . 0 0 4 1 3 0 1 7 3 2 4 2 2 4 5 6 1 6 2 , 1 6 6 $ 2 3 9 , 2 5 8 . 0 0 To t a l Ho u r s 28 6 1 8 2 7 8 8 8 4 2 4 0 4 5 6 1 0 0 4 , 3 1 4 $ 3 5 5 , 9 4 2 . 0 0 Ho u r l y Co s t s $1 5 4 . 0 0 $ 1 3 5 . 0 0 $ 9 8 . 0 0 $ 1 1 9 . 00 $ 1 9 6 . 0 0 $ 1 0 4 . 0 0 $ 7 2 . 0 0 Tr a c y Av e n u e Fi n a l De s i g n an d Co n s t r u c t i o n Ad m i n i s t r a t i o n De t a i l e d Co s t Br e a k d o w n of Ta s k s Date: December 15, 2015 Agenda Item #: IV.Q. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, PE, Director of Engineering Item Activity: Subject:Request for Purchase: Authorize Engineering Services for Morningside A and White Oaks C Neighborhood Roadway Reconstruction - Final Design and Construction Administration Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Authorize final design and construction administration engineering services for Morningside A and White Oaks C Neighborhood Roadway Reconstruction with Short Elliot Hendrickson, Inc. (SEH). INTRODUCTION: ATTACHMENTS: Description Request for Purchase and Proposal City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 MAYOR AND CITY COUNCIL ☒ ☐ Chad A. Millner, PE, Director of Engineering Request for Purchase – Authorize Engineering Services for Morningside A and White Oaks C Neighborhood Roadway Reconstruction – Final Design and Construction Administration N/A N/A Short Elliot Hendrickson (SEH), Inc. $477,290.00 Recommended Quote or Bid: Short Elliot Hendrickson (SEH), Inc. $477,290.00 Information/Background: The Morningside A and White Oaks C Neighborhood Roadway Reconstruction projects were approved at the public hearing on Dec. 8. SEH has completed the preliminary engineering study and this proposal allows them to complete the project through construction. Funding for this was included in the cost estimate provided at the public hearing. Staff recommends approving the proposal with SEH. Attachment: • Engineering Proposal Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is 100% employee-owned | sehinc.com | 952.912.2600 | 800.734.6757 | 888.908.8166 fax SUPPLEMENTAL LETTER AGREEMENT December 7, 2015 RE: City of Edina 2016 Morningside A & White Oaks C Neighborhood Roadway Reconstruction BA-422 & BA-438 SEH No. EDINA132875 10.00 Mr. Chad Millner, PE Director of Engineering City of Edina Engineering and Public Works Facility 7450 Metro Boulevard Edina, MN 55439 Dear Chad: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit the attached proposal for the bid document and construction phase service portions of the referenced project. We look forward to assisting you complete an important project in the City’s neighborhood street reconstruction program. If accepted, this supplemental letter agreement describes how we will provide these services for a not-to-exceed fee of $477,290.00. This amount is detailed in the attached Task Hour Budget (THB) and includes our reimbursable expenses. Similar to previous projects, we assume the City will contract independently with a materials testing company and make those services available to our staff during construction. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Engineering Services dated June 4, 2013, herein called the Agreement. For your reference, if we bill the City for this work and combine the already completed preliminary engineering services, our total fee would be approximately 19.8% of the estimated construction cost of $2.9 million. Our anticipated project production schedule is given in the table below. Anticipated Project Schedule Work Item No. Work Item Description Work Item Key Milestone Date 1 Begin Bidding Documents December 16, 2015 2 Begin Advertising for Bids February 16, 2016 3 Open Bids March 8, 2016 4 Award Construction Contract March 15, 2016 Mr. Chad Millner, PE December 7, 2015 Page 2 Anticipated Project Schedule Work Item No. Work Item Description Work Item Key Milestone Date 5 Begin Construction April 2016 6 Substantially Complete Construction October 2016 7 Begin Spring Punchlist/Warranty Work May 2017 8 Final Assessment Hearing September 2017 This Supplemental Letter Agreement, THB, and the Agreement represent the entire understanding between the City of Edina and SEH in respect to the project and may only be modified in writing if signed by both parties. Thank you for our continued working relationship with the City. Please contact me at 952.912.2616 or tmuse@sehinc.com with questions regarding this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Toby Muse, PE Project Manager Enclosures p:\ae\e\edina\132875\1-genl\10-setup-cont\03-proposal\bid docs and cps\sla ltr morningside white oaks 12 7 15.docx Accepted on this ___day of________________, 2015 City of Edina, Minnesota By: _________________________________ Name _________________________________ Title PROJECT TASKS 1.0 Finalize Street / Pavement Design 1.1 Finalize design (1) (2) (3) (4) (27) Subtotal Labor Cost $13,263 2.0 Finalize Drainage / Storm Sewer Design2.1 Storm Sewer Extensions and New System Design (5) (6) (7) (8) Subtotal Labor Cost $8,096 3.0 Finalize Sanitary Sewer Design 3.1 Finalize Design (9) Subtotal Labor Cost $7,494 4.0 Finalize Water Main Design 4.1 Finalize Design (10) Subtotal Labor Cost $13,983 5.0 Bid Document Preparation (14) (16) (28) 5.1 Plan sheets 5.1.1 Title Sheet 5.1.2 General Layout 5.1.3 Suggested Staging Plan 5.1.4 Tabulation of earthwork 5.1.5 Tabulation of existing sanitary and storm sewer structure reconstruction or adjustment 5.1.6 Tabulation of existing sanitary sewer trunk pipe joint or spot repairs 5.1.7 Incorporate the City's Lift Station No. 1 Sewer Improvement project plans 5.1.8 Typical Pavement Sections & List of Standard Plates 5.1.9 Signing Tabulation and Plan 5.1.10 Typical Utility Service Construction Limits 5.1.11 Sanitary Sewer CIPP Overview Plan 5.1.12 Watermain and Service Reconstruction Overview Plan 5.1.13 Stormwater Pollution Prevention Plan (SWPPP) 5.1.14 Plan and Profile sheets (11) (12) (13) 5.1.15 Cross Section sheets 5.2 Project Manual ESTIMATED COST Task Hour Budget City of Edina 2016 Morningside A & White Oaks C Neighborhood Improvement No: BA-422 & BA-438 December 7, 2015 BID DOCUMENT PHASE SERVICES Page 1 of 5 PROJECT TASKS ESTIMATED COST 5.2.1 Front End (15) 5.2.2 Conditions of Contract 5.2.3 Specifications 5.2.4 Special Provisions (16) 5.2.5 Appendix (17) Subtotal Labor Cost $55,751 6.0 Quantities and Opinion of Probable Cost (16) 6.1 Refine Opinion of Probable Cost and Proposal Form from Engineering Study (18) 6.1.1 Streets 6.1.2 Storm Sewer 6.1.3 Sanitary sewer 6.1.4 Water Main Subtotal Labor Cost $5,488 7.0 Agency Review / Submittals 7.1 City of Edina (19) 7.2 Private Utility Companies 7.3 Minnehaha Creek Watershed District (MCWD) (20) (21)7.3.1 Initial MCWD Coordination 7.3.2 MCWD Permit Coordination/Comments 7.3.3 QA/QC 7.4 Minnesota Department of Health 7.5 Minnesota Pollution Control Agency 7.5.1 NPDES Permit/SWPPP Subtotal Labor Cost $5,121 8.0 Meetings 8.1 With City Staff 8.1.1 Design Meetings (22) Subtotal Labor Cost $6,332 9.0 Bidding Assistance 9.1 Prepare Ad for Bids 9.2 Prepare Electronic Bid Documents (23) 9.2.1 Plans 9.2.2 Project Manual 9.3 Respond to Bid Inquires 9.4 Prepare necessary Addenda 9.5 Attend Bid Opening 9.6 Prepare Tabulation of Bids 9.7 Print paper copies of plans and project manual (24) Subtotal Labor Cost $5,725 10.0 Construction Staking 10.1 Provide Construction Staking Services (25)(26) Subtotal Labor Cost $45,341 11.0 RPR11.1 Provide RPR Services (29) (30) (31) (32) (33) CONSTRUCTION PHASE SERVICES Page 2 of 5 PROJECT TASKS ESTIMATED COST Subtotal Labor Cost $214,002 12.0 Construction Administration 12.1 Construction Administration (34) (35) (36) 12.2 Provide As-built Drawings and Service Information (37) (38) 12.3 Prepare Final Assessment Roll in August 2017 12.4 Assessment Hearing (39) Subtotal Labor Cost $81,644 ESTIMATED COST Subtotal Hours 1,120 Subtotal Labor Cost $121,253.21 Subtotal SEH Expenses (40)$3,629.94 Subtotal $124,883.15 Subtotal Hours 3,273 Subtotal Labor Cost $340,986.88 Subtotal SEH Expenses (40)$11,419.97 Subtotal $352,406.85 $477,290.00 1 2 3 4 5 6 PROJECT COST SUMMARY CONSTRUCTION PHASE SERVICES Repairs or replacements of existing storm sewer structures and pipes are based on recommendations from City staff and the structure condition surveys completed by SEH staff during its field inspection operations. TOTAL COST ASSOCIATED WITH THIS PROPOSAL: P:\AE\E\Edina\132875\1-genl\10-setup-cont\03-proposal\Bid Docs and CPS\[SEH THB Morningside White Oaks Bid Const Council.xlsx]THB Complete the detailed design of tree trench system shown in the Engineering Study. Includes finalizing locations and sizes, identifying drainage areas, evaluation of how to accommodate overflow piping system that could tie-in to the proposed sump drain pipe network, and develop a typical tree trench detail. Tabulation of earthwork for insertion into the bid documents. Includes information on a per street basis regarding gross common excavation, reclaim aggregate base production and placement, imported class 5 aggregate base, subgrade repairs, utility trench backfill, pavement and topsoil borrow. Create intersection grading plans. These plans will not appear in the bid document plan set. Instead they will be utilized in the field by SEH surveyors staking the reconstruction. NOTES Horizontal/vertical alignments and stationing will be assigned to all streets in the project area. Includes curb extension design at the locations shown in the Engineering Study. BID DOCUMENT PHASE SERVICES Page 3 of 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Includes hours to verify the control used for the topographic survey and/or set new control if needed. Assumes four (4) in-person design meetings to review project design related items. Assumes SEH will print three (3) paper copies for appropriate City and SEH staff. Includes hours to gather as-built information. Tree removal shall only become necessary in extreme circumstances of reconstruction where no other feasible option exists to mitigate damage caused by reconstruction activities. Bid documents will be available for purchase via Quest CDN on the City's web site. Includes incorporation of the City's Lift Station No. 1 Sewer Improvement project LS- 44/ENG 13-16 plans, specifications and bid quantities to this project's bidding documents. Based on preliminary design, we assume no permanent grading impacts will occur to the land-locked wetland adjacent to Townes Road. The entire project area is located in the Minnehaha Creek Watershed District and will not result in a net increase in impervious surfaces. Includes title sheet, certification sheet, table of contents, contact sheet, instructions to bidders, proposal form and advertisement for bids. Complete the detailed design of the sump pump drain pipe shown in the Engineering Study. Place the sump pump drain pipe behind the concrete curb and gutter using open cut or HDD methods. Sump pump drain pipe may need to be proposed in a position in front of the curb and gutter at select locations. Tabulate existing manhole or catch basin reconstruction or adjustment for inclusion in the bid document plan set. Includes cured in place pipe layout, tabulation of trunk pipe joint or spot repairs, and manhole reconstruction/adjustments. Includes proposed street centerline profiles for all streets. Includes profiles of existing public utilities only when proposed public utility work can interfere with the existing utilities. Includes one (1) submittal of draft final bidding documents to the City in 11x17 format. Includes incorporation of recommended trunk water main rehabilitation techniques shown in the Engineering Study. Task includes adding the private utility line work to the base mapping. Plan view base mapping is based on line work from the topographic survey. Based on resident input from the Engineering Study phase, we assume no lighting upgrades or lighting system design is required for this project. Contains soil boring data, City standard plates, and SEH construction details. Includes finalization of quantities, unit prices and removes contingency. Cost splits by funding source shown in the Engineering Study will be the basis for the opinion of probable cost. Page 4 of 5 28 29 30 31 32 33 34 35 36 37 38 39 40 This task assumes that the City will secure material inspection services and make these services available to SEH. Hours listed are estimated based on previous City neighborhood street reconstruction projects and assume similar construction timeframes. The actual effort required by SEH field staff will be dictated by the contractor's schedule during construction. As-built drawing requirements concerning labeling, required data, and submittal materials will follow the City of Edina record drawing procedure. Based on input from Hennepin County and the City of Minneapolis during the Engineering Study phase, we assume no changes to the existing signal system will be necessary at the intersection of France Avenue and Sunnyside Road. In addition, we assume no audible push button systems will be required due to existing geometric constraints. SEH will use the City’s format for a Daily Construction Report. SEH will provide 1 junior RPR for 20 hours per week between 4/11/16 and 4/15/16 (1 week), 50 hours per week between 4/18/16 and 9/30/16 (24 weeks), 40 hours per week between 10/3/16 and 10/14/15 (2 weeks), 20 hours per week between 10/17/16 and 10/28/16 (2 weeks), and 15 hours per week between 4/24/17 and 6/30/17 (10 weeks). The Senior RPR is needed for a project of this size but will only be utilized on a part-time basis (approximately 20 hours per week) during significant construction operations. SEH will track monthly quantities by each separate City funding source, and utilize the City's application for payment form. Includes weekly preparation of City Extra email content as well as door hanger updates that are required during construction. Task includes scheduling and conducting a pre-construction meeting, preparation of weekly construction meeting agenda and minutes, preparing applications for payments, preparing any necessary change orders and reviewing and approving final contractor payment, paperwork and project close-out documentation. RPR duties include providing electronic construction inspection notes of water services, drainage structures, and water hydrants and gate valves using a field tablet containing standardized City templates. Includes taking digital photographs of every water service reconstruction at the corp stop and curb stop. Shown in each digital photograph will be a time/date stamp and a dry erase board labeled with the specific address. The photos will be uploaded to the City's GIS database using the field tablet. Includes post processing and QA/QC of field data entered into the City's GIS database prior to final submittal to the City. Includes preparation of the final assessment roll and providing technical backup during the hearing. Reimbursable expenses during bid documents includes mileage and printing costs. Reimbursable expenses during construction include printing, auto allowances, mileage, and survey equipment. Page 5 of 5 Date: December 15, 2015 Agenda Item #: IV.R. To:Mayor and City Council Item Type: Request For Purchase From:Dave Nelson, Chief of Police Item Activity: Subject:Request for Purchase: Addition of Workstation in 911 Communications Center Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: The Edina Police Department requests the Edina City Council authorize the purchase of an additional workstation and associated project costs for the Edina 9-1-1 Communications Center. INTRODUCTION: The City of Edina’s 911 Communications Center answers emergency and non-emergency phone calls and provides dispatch services to the Edina Police and Fire Departments and the Richfield Police and Fire Departments 24 hours a day. This is currently done from three dispatch workstations. At regularly scheduled staffing levels we utilize all three of these workstations. During special events, critical incidents, and the training of new dispatch staff we require a fourth workstation to accommodate our staff and is required in order to continue to assure 100% uptime at our full staffing level in the event of equipment failure. ATTACHMENTS: Description Request for Purchase: Addition of Workstation in 911 Communications Center 20151217 Dispatch Console Watson Quote City of Edina • 4801 W. 50th St. • Edina, MN 55424 12/15/2015 Mayor and City Council ☒ ☐ Dave Nelson, Chief of Police Request for Purchase: Addition of Workstation in 911 Communications Center 11/12/2015 1/12/2016 Watson Dispatch Furniture 26246 Twelve Trees Lane NW Poulsbo, WA 98370 Additional Project Costs Multiple Vendors $22,089 $21,590 Recommended Quote or Bid: Another dispatch furniture vendor was consulted for this project however due to the repurposing of the existing workstation furniture it was most cost effective to work with the original supplier, Watson Dispatch. Information/Background: The City of Edina’s 911 Communications Center answers emergency and non-emergency phone calls and provides dispatch services to the Edina Police and Fire Departments and the Richfield Police and Fire Departments 24 hours a day. This is currently done from three dispatch workstations. At regularly scheduled staffing levels we utilize all three of these workstations. During special events, critical incidents, and the training of new dispatch staff we require a fourth workstation to accommodate our staff. In addition our dispatch operations have become very technologically complex depending on several computers and other specialized electronics at each workstation. A fourth position is required in order to continue to assure 100% uptime at our full staffing level in the event of equipment failure. This project will add a fourth workstation to the dispatch center. The current dispatch center was built in 2004 during construction of City Hall. Specialized furniture is utilized for public safety dispatch workstations in order to properly integrate the required technology and provide proper ergonomics for staff. In order to control project costs we will reuse our existing furniture in the new REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 configuration adding one new workstation. Additional costs include replacing flooring, repairing and painting walls, electrical and data cabling, additional computer equipment, and specialized technical support required to temporarily relocate our dispatch operations during construction. Funding for this project was budgeted in the Capital Improvement Plan for 2015. $41,000 will be funded from the Equipment Replacement Fund with the balance of $2,679 being funded from the E9-1-1 account. Funding Breakdown 2015 CIP Budgeted Amount: $41,000 Funding from Equipment Replacement Fund: $41,000 Funding from E 9-1-1 Account $ 2,679 Total Project Cost: $43,679 Edina Police Department, MN 11/12/2015 Q.F01-EdinaPDVII.02 INSTALLATION BASED ON LIVE CUTOVER, TWO TRIPS, GROUND FLOOR AND WITH PREVAILING WAGE AND NO UNION REQUIREMENTS Net 30 Days QUOTATION Ship To: Prepared By: Valid Until: Prepared For: Quote #: Project: Contract: Date: Rep: Kelly Dowling WATSON FURNITURE GROUP26246 Twelve Trees Lane NW Poulsbo, WA 98370 360-394-1300 kdowling@watsonfg.com Tony Martin Lead Dispatcher Edina Police Department 4801 West 50th Street Edina, MN 55424 USA (952) 826-1600 Edina Police Dept. MN 4801 West 50th Street Edina, MN 55424 USA Dick Buss Territory Rep Dick Buss & Associates LLC WI 1/12/2016 Part Number Qty Purchase Ext Purchase Edina Police Department, MN Item 1. (1) Synergy 1 Center Lift Console - 3048 90° Primaries - 48" Panels (48" AFF) DBXTS4218S48TL SYNERGY 1 EXTENSION (POWER PRIMARY), SINGLE, 42'' DEEP x 18'' WIDE, STRAIGHT PANEL, 48'' HIGH, TOP HALF PANEL, LEFT HAND 1 $914.40 $914.40 DBXTS4242S48TR SYNERGY 1 EXTENSION (POWER PRIMARY), SINGLE, 42'' DEEP x 42'' WIDE, STRAIGHT PANEL, 48'' HIGH, TOP HALF PANEL, RIGHT HAND 1 $1,039.80 $1,039.80 QOD16 SYNERGY OUTSIDE DOOR, 16" WIDE 1 $97.80 $97.80 ...POWDER Skipped Option QOD42 SYNERGY OUTSIDE DOOR, 42" WIDE 1 $151.80 $151.80 ...POWDER Skipped Option F01 - EdinaPDVII.02.visual.sp4 Page 1 of 3 11/12/2015 Part Number Qty Purchase Ext Purchase XRE3042 FUSION RECTANGULAR DESK, 30'' DEEP x 42'' WIDE 1 $812.40 $812.40 GBASE Impulse Front Crank Base 26" - 39" ...POWDER Skipped Option ...EDGE Skipped Option ...GROMMET Skipped Option ...LAMINATE TYPE Skipped Option DBPPS3048S48 SYNERGY 1 POWER PRIMARY, SINGLE, 30'' DEEP x 48'' WIDE, STRAIGHT PANEL, 48'' HIGH 1 $4,996.20 $4,996.20 XMULTIPORT No Multiport PPOWER KEYBOARD Powered ...WORKSURFACE Skipped Option ...EDGE FINISH Skipped Option ...POWDER Skipped Option ...FABRIC Skipped Option $8,012.40 Item 2. Storage and Accessories TXXDAYTON 4" DAYTON FAN (INCLUDES HARDWARE) 2 $130.80 $261.60 TXXTCSKTH SYNERGY TOTAL COMFORT SYSTEM, HEIGHT ADJUSTABLE PACKAGE, WITH TWO MOBILE (FILTERED) AIR CIRCULATION FANS 1 $2,520.00 $2,520.00 ...VERSION Skipped Option $2,781.60 Item 3. Installation DNI INSTALL CHARGE 1 $10,416.00 $10,416.00 $10,416.00 Item 4. Freight FREIGHT FREIGHT CHARGE 1 $878.00 $878.00 $878.00 $22,088.00Sub Total: F01 - EdinaPDVII.02.visual.sp4 Page 2 of 3 11/12/2015 Part Number Qty Purchase Ext Purchase Sales Tax @ 6.875 % $1,518.55 1,518.55 Approved By: _____________________________________________ Date:_______________ Name _____________________________________________ PO:________________Title Grand Total:$23,606.55 1. State and Local Taxes will apply unless proof of exemption is provided with the Purchase Order. 2. Deposit may be required with order; Net 30 days of Shipment of Product. 3. Chairs are for representational purposes only. 4. Lead time 8 weeks for Synergy and 10 weeks for Mercury product after receipt of Completed Order. 5. Completed Order consist of signed Contract or Purchase Order, Signed Drawings, Signed Color Selection Sheet, and Deposit. 6. Change Order Fee (minimum $500) may be applicable after 5 business days of Complete Order submission. 7. Re-Scheduled Delivery & Installation requires 4 week notification. 8. There will be a $500 (Net per order) Finish Configuration Fee added IF a color scheme is chosen outside of the eight (8) standard color schemes. 9. Pricing will be valid for four (4) months after receipt of Purchase Order any orders that have not been manufactured within this time frame will be subject to a price change. F01 - EdinaPDVII.02.visual.sp4 Page 3 of 3 11/12/2015 Date: December 15, 2015 Agenda Item #: IV.S. To:Mayor and City Council Item Type: Report / Recommendation From:Mark K. Nolan, AICP, Transportation Planner Item Activity: Subject:Traffic Safety Report of November 4, 2015 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Review and approve the Traffic Safety Report of November 4, 2015. INTRODUCTION: The Edina Transportation Commission (ETC) reviewed the November 4, 2015 Traffic Safety Report at their November 19 meeting and moved to forward the report to the City Council for approval; see attached draft minutes. ATTACHMENTS: Description Traffic Safety Report of November 4, 2015 Minutes, ETC, Nov. 19, 2015 Traffic Safety Committee Report of November 4, 2015 Page 1 of 11 Traffic Safety Report November 4, 2015 The Traffic Safety Committee (TSC) review of traffic safety matters occurred on November 04, 2015. The Transportation Planner, Traffic Safety Coordinator, Sign Coordinator, Assistant City Planner, City Engineer, the Police Department Lieutenant, and Public Works Director were in attendance at this meeting. From these reviews, the recommendations below are provided. On each of the items, persons involved have been contacted and staff recommendation has been discussed with them. They were informed that if they disagree with the recommendation or have additional facts to present, these can be included on the November 19 Edina Transportation Commission (ETC) and the December 15 City Council agenda. Section A : Items on which staff recommends action. A1. Request for change in speed limit signage at 70th Street, east of Highway 100 This request regards the signage on 70th Street east of Trunk Highway 100. This requestor references city maps, which show that the speed limit of 25 mph starts before the signage which informs drivers of this speed limit, and that this signage is obscured and drowned out by the amount of signage in the area as well as the geometry of the street. The speed limit sign for eastbound traffic is 184 feet from the start of the eastbound bike lane, 155 feet from the two- way left turn only lane signage, and 100 feet to the end of the westbound bike lane. Speeds on this road are seen as an issue, with an 85th- percentile speed of 33.2 mph, even after the sign, and a volume of 11,530 vehicles per day. After review, staff found that the bike lane marks the start of the lowered speed limit by City Council resolution and state law. Therefore the signage informing drivers of this speed limit should be further west so drivers are aware of this speed limit. Staff recommends adding the speed limit signage to the post which currently has the Two-Way Left Turn Lane signage, and moving the center turn lane signage down on the post, such that the speed limit signage is in the current location of the center turn lane signage. Photo : Center turn lane signage eastbound on 70th Street, the speed limit sign is circled in the back Traffic Safety Committee Report of November 4, 2015 Page 2 of 11 A2. Request for moving, alteration, or removal of the 30 mph speed limit sign from Valley View Road, east of Antrim Road This request comes from a resident who lives within the area designated for a school speed zone, where Valley View Road’s speed limit is reduced to 20 mph when children are present. However, two blocks (nearly 650 feet) before the school speed limit zone ends, there is a sign stating that the speed limit is 30 mph. The requestor believes that this makes for a confusing situation, especially for emerging skill drivers, who may not be aware that they are still in the school speed zone. The requestor believes that this will also assist the movement of vehicles into and out of the driveway of the requestor’s residence on Valley View Road. A similar situation can be seen on Normandale Road, in front of Our Lady of Grace church and school. No crashes have been reported during school release or start times in the last ten years along this stretch of roadway. The 85th-percentile speed of this section of Valley View Road is 38.1 mph and Valley View Road has an ADT of 7543 in this segment. This item was previously recommended for further study, for investigation for on the lawfulness of the signage as placed, as well as the school speed zone plan from 2009, which identified crashes in the school zone east of the school itself. The law for the school zone speed reduction states as follows : The school zone is legally defined as that section of road which abuts the school grounds where children have access to the street or highway from school property, or where there is an established school zrossing with advance school signs that define the area. Further guidance on the issue includes the item 6) Sidewalks – children walking in the street is dangerous. Continuous sidewalks that do not intermittently disappear and force children into the road are the best. The sidewalk in this area is continuous, but is only on one side of the road and is on the opposite side of the street of the school. According to the MNMUTCD, the use of a normal speed limit sign may be used alone to signify the end of a school speed zone, and when placed, does indicate that the school speed zone has ended (Figure 7B-3). Copies of the school speed zone study’s site enhancement maps for this area, as well as Our Lady of Grace and Normandale Road, are available in appendix C. After review, staff recommends maintaining the current School Speed Zone, but changing the signage by removing the End School Speed Zone signage and moving the current Speed Limit 30 signage to the End School Speed Zone sign’s vacated position. This is being done to be consistent with the MNMUTCD as shown in Appendix C. Map : Valley View Road and Antrim Road, red is the school speed limit area, the 30 mph speed limit sign is marked with a star. Photos : These photos illustrate the order of the signage along Valley View Road, the requestor would like to move the Speed Limit 30 sign such that it is not within the school speed zone. Traffic Safety Committee Report of November 4, 2015 Page 3 of 11 Map : Indian Hills Pass and Gleason Road A3. Request to maximize safety for school crossing at Gleason Road and Indian Hills Pass North of Creek Valley Elementary School, the school requested that the City of Edina look at the intersections of Gleason Road and Indian Hills Pass, and to a lesser extent, Creek Valley Road. A video study of Gleason Road and Indian Hills Pass was conducted. This study found that because school release is also during the evening rush hour, the traffic loads at this intersection had enough traffic on all streets to force traffic to come to a full and complete stop before entering the intersection. Several school children cross Gleason Road at this crosswalk. Awkward situations were observed, including several vehicles not yielding to pedestrians in the hours after school release, or other times when there is not enough traffic on the cross streets to “force” traffic to stop on Gleason. Another common awkward occurrence was with bicyclists crossing from the school grounds to the Indian Hills neighborhood. Because there is a sidewalk on one side of the intersection, and the crosswalk across Gleason Road connects only to a curb, and not to a sidewalk or pedestrian ramp, bicyclists cross the intersection diagonally so that they are biking on the correct side of Indian Hills Pass when they leave the school grounds. This is seen most with child bicyclists who are sidewalk-riding as they leave the school grounds. This diagonal biking has been seen as causing some confusion for drivers who appear to assume that they would be able to complete a movement at this intersection concurrent with the bicycles, as the driver’s desired movement would not conflict with a crossing in the crosswalk. There are no school patrols at this time, but a teacher is stationed at Gleason Road and Indian Hills Pass and conducts children across the street, but wears no reflective clothing nor has a sign for flagging operations. After review, staff recommends that the school reinstate the school patrol, to bring attention to crossings related to the school day. Further, staff recommends adding a pedestrian landing pad at the south corner of the intersection, and upgrading two pedestrian ramps at the school entrance to be ADA compliant. Staff also recommends that the existing marked crosswalk be replaced with the standard school zone “ladder” crosswalk, and it be realigned slightly to match the new landing pad. Section B : Items on which staff recommends no action B1. Request for crosswalks at Arbor Lane and Arbor Avenue This request comes from a resident who would like a crosswalk south from Countryside School’s schoolyard, to highlight the pedestrian movements in this area. This summer, a sidewalk was added on the east side of Arbor Avenue, along school grounds. Examination of the city’s proposed sidewalks indicates that the sidewalk in this area should extend a block further south, Photo : Arbor Lane and Arbor Avenue, looking south Traffic Safety Committee Report of November 4, 2015 Page 4 of 11 Map : Arbor Lane and Arbor Avenue, the crossing is marked, the sidewalk is not shown Photo : 61st Street and Oaklawn Avenue, looking west Map : Oaklawn and W. 61st is circled, W. 59th and Kellogg is starred, and the line represents speed concerns on Oaklawn which was outside of this year’s reconstruction project. This means that at this time, there is no pedestrian landing or sidewalk across the street from the existing sidewalk. A video study was performed and found that during days of normal usage the maximum number of crossings in a two hour period was seventeen (17). These volumes do not meet volume warrants for crosswalks. No crashes related to this intersection have been reported in the past five years. Full warrants may be seen in appendix A. After review, staff recommends no action on this request, as there are not enough crossings to warrant installation of a crosswalk. Future consideration of a crosswalk should be considered when the sidewalk is constructed further, as this is seen as possibly increasing pedestrian volumes and further channelizing the crossings into one crosswalk. B2. Request for stop control at the intersection of W. 61st Street and Oaklawn Avenue This request comes from a resident who is concerned that previous traffic safety requests failed to consider pedestrian movements at the intersection of 61st Street and Oaklawn Avenue. Previous investigations of the area resulted in yield signs being placed for 61st Street, on the east and west legs of the intersection. A video study was performed and found that 934 movements are made in this intersection on the average day, including bicycling and pedestrian movements. This is half of what warrants would require. The number of entering movements on 61st Street is 271 while Oaklawn has 663 entering movements. Two right angle crashes have occurred at this intersection in the past five years. All these crashes have been property damage only. These crashes are seen a susceptible to correction by stop signs. Full warrants for stop signs may be seen in appendix B. After review, staff recommends no action on this request. This recommendation considered warrants for stop signs, and existing volumes being less than half of what is needed to warrant signage. In addition the traffic patterns as observed on the camera were not seen as abnormally dangerous. Traffic Safety Committee Report of November 4, 2015 Page 5 of 11 Photo : Oaklawn Avenue, looking south from 59th Street Photo : 57th and Abbott, looking west B3. Request for creation of a 4-way stop at 59th Street and Kellogg Avenue to slow traffic in the neighborhood This request concerns the intersection of Kellogg Avenue and 59th Street. Currently the intersection is controlled by stop signs on 59th Street, but a request was received for the intersection to have stop signs added to it specifically. The request also included an ask for slowing traffic in the neighborhood using stop signs at intersections. Even when informed that this strategy was not used by the City of Edina and alternate traffic calming measures were presented, the requestor continued to ask for more stop signs to slow traffic in the neighborhood. Counters were placed and Kellogg Avenue was found to carry 207 vehicles per day with an 85th-percentile seed of 28.1 mph. These numbers are very similar to studies conducted in 2007, 2012 and 2013 on this roadway. 59th Street was seen as carrying 85 vehicles per day with an 85th-percentile speed of 17.9 mph. This may be due to the extremely narrow construction of 59th Street, which is only 18 feet wide east of Kellogg and 23 feet wide west of Kellogg. Complete warrants for stop signs can be seen in appendix B. After review, staff recommends no action on this request. Counters placed did not observe excessive speeds, and stop sign warrants were not met. Using stop signs to control volumes and speeds is not recommended by the City of Edina. B4. Request for slowing traffic on Oaklawn Avenue south of 59th Street This request concerns traffic on Oaklawn Avenue, which is perceived to be very fast moving and detrimental to the safety and tranquility of the area. A counter was placed in this location and found that an average of 422 vehicles use Oaklawn Avenue in this location, with an 85th-percentile speed of 29.7 mph. Only one crash has occurred in the last five years on this stretch of Oaklawn Avenue, this was a rear- end crash which was determined to be due to driver distraction. After review, staff recommends no action on this request. The requestor’s concerns were not supported by traffic data. Photo : Kellogg Avenue and 59th Street, looking east Photo : Kellogg Avenue looking south from 59th Street, even with a 27 foot roadway, two sided parking can make a narrow driving surface. Traffic Safety Committee Report of November 4, 2015 Page 6 of 11 Photo : Sight obstructions on the north side of the intersection Map : Code Avenue between Porter Avenue and 60th Street B5. Request for stop signs at the intersection of 57th Street and Abbott Avenue This request concerns the intersection of 57th Street and Abbott Avenue. 57th Street has 226 ADT and a 25 mph 85th-percentile speed from a 2014 study. A 2015 count on Abbott Avenue found that the street had 140 ADT and 23.8 mph 85th-percentile speeds. There has been one crash at this intersection in the last ten years, in 2007, as a vehicle southbound and eastbound collided in the intersection. The crash did not result in injury and was not noted as having any influencing or improper factors by the reporting officer. This intersection had some sightline issues, of which those covered by city ordinance have been removed. The intersection also is skewed, with the streets connecting at an angle of approximately 70- degrees instead of the full 90-degrees associated with the grid in the surrounding area. This skew can make some drivers uncomfortable. Full warrants for stop signs may be seen in appendix B. After review, staff recommends no action on this request. This recommendation considers the lack of warrants met, and no recent crash history. B6. Request for slowing traffic on Code Avenue between Porter Avenue and 60th Street Over the summer, traffic from the Birchcrest B roadway reconstruction projects was perceived by residents as detouring down Code Avenue to reach Benton Avenue. Residents had concerns that traffic patterns would remain, and that the vehicle traffic was traveling too quickly as it descended a hill north of 60th Street and south of Porter Avenue. While data was not collected during the construction season due to the needed street sweeping in the area, counts taken after construction revealed that 369 vehicles per day used Code Avenue and the 85th-percentile speed was 27.9 mph. Both Porter Avenue and 60th Street maintain their crown through the intersection and create vertical deflection, acting slightly like speed bumps in reducing vehicle speeds. This area will be reconstructed in 2017. There have been two crashes on Code Avenue in the past five years, neither of which appear to be related to speed. After review, staff recommends no immediate action be taken on Code Avenue. This request has been forwarded and added to the Birchcrest A reconstruction, which will include this street, such that calming measures may be added in the 2017 reconstruction. Photo : Code Avenue at Porter Avenue Traffic Safety Committee Report of November 4, 2015 Page 7 of 11 Photo : This is a close up aerial of the intersection of Halifax Avenue and 50th Street B7. Intersection lane assignment concerns at the intersection of 50th Street, and Halifax Avenue This request concerns the lane assignments on Halifax Avenue as it intersects 50th Street. Currently there are two lanes entering the intersection on both the north and south approaches. On the north side, there is a right- turn only lane and a shared left/through lane, while on the south side of the intersection there is a left-turn only lane and the right lane is a shared right/through lane. The requestor feels that this set up is confusing and causes persons traveling north to assume that the lane assignments for southbound traffic mirror their own, and thus begin their left turns in front of oncoming traffic. There have been no crashes at this intersection in the past five years that reflect such confusion. After review, staff recommends no action on this item. There have been crashes at this intersection, but none of them reflect the scenario as described by the requestor. Therefore, there is no evidence that this situation causes dangerous confusion. The requestor did not leave contact information with staff to be informed of this recommendation. Section D : Other items handled by traffic safety D1. The Edina Colonial Church and Edina Methodist Church wish to change or add signage on Tracy Avenue concurrent with reconstruction of the road. The relevant code sections were examined and found to be acceptable so long as the signs were brown with white lettering, at least fifty feet from any traffic control devices and intersections. D2. A Deaf Child sign was slated for removal, as the child for which it was placed is now eighteen, in college, and no longer residing with her parents. D3. A resident wished to express concern on the future of Maloney Avenue as U.S. 169 is reconstructed in the coming years. The area has several pre-existing counts, and there is a good understanding of how the area functions currently. When U.S. 169 is shut down counts may be retaken to understand if this area warrants traffic calming, diversion or other measures to maintain its safety for residents. Traffic Safety Committee Report of November 4, 2015 Page 8 of 11 Appendix A: Crosswalk Warrants A. Marked crosswalks are placed at locations that are unusually hazardous or at locations not readily apparent as having pedestrian movement. B. Marked crosswalks will only be placed in an area that has 20 or more pedestrian crossings in a two-hour period. C. Marking for crosswalks will be established by measuring the “Vehicle Gap Time”. This is the total number of gaps between vehicular traffic recorded during the average five minute period in the peak hour. Criteria for markings are: 1) More than five gaps – pavement marking and signage only. 2) Less than five gaps – add actuated pedestrian signals. D. Crosswalks will not be placed on arterial roads or roads with a speed limit greater than 30 mph unless in conjunction with signalization. E. Other conditions that warrant crosswalks: 1) Routes to schools 2) Locations adjacent to libraries, community centers, and other high use public facilities. 3) Locations adjacent to public parks. 4) Locations where significant numbers of handicapped persons cross a street. 5) Locations where significant numbers of senior citizens cross a street. F. Crosswalks will only be placed at intersections. Traffic Safety Committee Report of November 4, 2015 Page 9 of 11 Appendix B: Stop Sign Warrants When it is determined that a full stop is always required on an approach to an intersection a STOP (R1- 1) sign shall be used. At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs. The use of STOP signs on the minor-street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway. C. Crash records indicate that three or more crashes that are susceptible to correction with the installation of a STOP sign have been reported within a 12-month period, or that five or more such crashes have been reported within a 2-year period. Such crashes include right-angle collisions involving road users from the minor street failing to yield the right-of-way to traffic on the through street or highway. Additional warrants which do not specify the type of control are as follows; A. An intersection of a less important road with a main road where application of the normal right-of way rule would not be expected to provide reasonable compliance with the law; B. A street entering a designated through highway or street; and/or C. An un-signalized intersection in a signalized area. In addition, the use of YIELD or STOP signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: A. The combined vehicular, bicycle, and pedestrian volume entering the intersection from all approaches averages more the 2,000 units per day; B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right-of-way rule if such stopping or yielding is necessary; and/or C. Crash records indicate that five or more crashes that involve the failure to yield the right-of-way rule have been reported within a 3-year period, or that three or more such crashes have been reported within a 2-year period. Additional warrants from the city of Edina list that: 1. If an intersection experiences five (5) or more right angle accidents in a three (3) year period, stop signs should be considered. 2. If the presence of a sight obstruction is contributing to accidents at an intersection, removal of the sight obstruction should be sought before considering a stop sign. 3. If the 85th percentile speed on any leg of an intersection is more than five (5) MPH over the posted speed limit, a stop sign should be considered for the intersecting street. 4. If traffic volumes exceed 1,000 vehicles per day on each of the intersecting streets, stop signs should be considered. 5. Residential stop signs shall not be installed in an attempt to control speed. 6. Residential stop signs shall not be installed in an attempt to control volume. Traffic Safety Committee Report of November 4, 2015 Page 10 of 11 Appendix C: School Speed Zone Figures Figure 1 - MNMUTCD Figure Traffic Safety Committee Report of November 4, 2015 Page 11 of 11 Figure 2 - Our Lady of Grace 2009 Signage Plan Figure 3 - Edina High School and Valley View Middle School 2009 Signage Plan Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. 1 Minutes City Of Edina, Minnesota Transportation Commission Community Room November 19, 2015, 6:00 p.m. I. Call To Order Chair Bass called the meeting to order. II. Roll Call Answering roll call were members Bass, Boettge, Janovy, LaForce, Loeffelholz, Nelson, Olson, Ruehl, and Spanhake. Absent at roll call were members Ding and Iyer. VII.B. Traffic Safety Report of Nov. 4, 2015 A.1. The 25 mph sign is being relocated to make it more obvious where the 25 mph speed limit begins. B.2. & B.3. It was noted that stop sign requests were frequently received from these areas and specifically, in B.3., the request is to slow traffic. How can they teach residents so they do not continue to request stop signs for slowing traffic? It was noted that there was a video available. A noted drawback to stop signs is noise and air pollution if vehicles are stopping and accelerating at every intersection. Motion was made by member LaForce and seconded by member Boettge to forward the Nov. 4, 2015, Traffic Safety Report to City Council. All voted aye. Motion carried. Date: December 15, 2015 Agenda Item #: IV.T. To:Mayor and City Council Item Type: Report / Recommendation From:Chad A. Millner, PE, Director of Engineering Item Activity: Subject:Resolution No. 2015-129 Approving Master Partnership Contract with State of Minnesota Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2015-129 authorizing a Master Partnership Contract between the State of Minnesota (MnDOT) and the City of Edina. INTRODUCTION: MnDOT provides various billable services for the City and having a Master Partnership Contract allows both parties to respond quickly and efficiently to identified needs. The previous contract expired recently and this one will expire in 2017. Staff and legal counsel reviewed the contract and is recommending approval. ATTACHMENTS: Description Resolution No. 2015-129 Master Partnership Contract RESOLUTION NO. 2015-129 APPROVING MASTER PARTNERSHIP CONTRACT BETWEEN STATE OF MINNESOTA AND CITY OF EDINA WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. THEREFORE, BE IT RESOLVED, 1. That the City of Edina enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the proper City officers are authorized to execute such contract, and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Edina without further approval by this City Council. Dated: December 15, 2015 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 15, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20 . City Clerk MnDOT Agreement # 1002045 STATE OF MINNESOTA AND CITY OF EDINA MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as the “State” and the City of Edina, acting through its City Council, hereinafter referred to as the “Local Government." Recitals 1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes. §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this Contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into agreements with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract provides a framework for the efficient handling of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a “Work Order” contracts. 7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Contract 1. Term of Master Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30, 2017. Page 1 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that engagement. A party must not begin work under a work order until such work order is fully executed. The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the work order. The Local Government understands that this Master Contract is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this Master Contract will survive with respect to any Work Order issued prior to the expiration date of the Master Contract. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Technical services are limited to the following services: 2.1.1. Pavement Striping, Sign and Signal Repair, Bridge Load Ratings, Bridge and Structure Inspections, Minor Bridge Maintenance, Minor Road Maintenance (such as guard rail repair and sign knockdown repair), Pavement Condition Data, Materials Testing and Carcass Removal. 2.1.2. Every other service not falling under the services listed in 2.1.1 will require a Work Order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary labor additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific Page 3 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.2. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Local Government will not be paid for work performed prior to execution of a work order and authorization by the State. 4. Responsibilities of the Providing Party The party requesting the work will be referred to as the “Requesting Party” and the party performing the work will be referred to as the “Providing Party.” Each work order will set forth particular requirements for that project/engagement. 4.1. Terms Applicable to ALL Work Orders. The terms in this section 4.1 will apply to ALL work orders. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this Master Contract or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order may require the Local Government to deposit payment in advance or may, at the State’s option, permit payment in arrears. If the State furnishes the services requested, the Local Government will promptly pay the State to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed is considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by agreement or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. Page 4 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work orders for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally- assisted contracts 4.3.7. Unless otherwise agreed in a Work Order, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no Page 5 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, NPDES and other environmental permits. 4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and/or inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary labor additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary labor additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this Master Contract will not exceed $100,000.00. Page 6 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1002045 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. Page 7 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government’s Project Manager will be identified in each work order contract. 10. State’s Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 10.2. The State’s Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Master Contract, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and agreements between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this Master Contract and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Master Contract. 14. Government Data Practices and Intellectual Property Page 8 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subd.s of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action Page 9 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn. R. Parts 5000.3400-5000.3600. 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Page 10 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation Each party will be responsible for its own employees for any workers compensation claims. This Master Contract, and any work orders issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the Contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors Page 11 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this Master Contract and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this Master Contract and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the Page 12 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank – signature page follows] Page 13 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) MnDOT Agreement # 1002045 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By: (with delegated authority) Title: Title Division Director Date: Date: By: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By: Date: Date: Page 14 of 14 CM Master Partnership Contract (CM Rev. 10/05/2015) Date: December 15, 2015 Agenda Item #: IV.U. To:Mayor and City Council Item Type: Report / Recommendation From:Ann Kattreh, Parks & Recreation Director Item Activity: Subject:Parks, Recreation and Trails Strategic Plan Adoption Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt the final version of the Parks, Recreation and Trails Strategic Plan. INTRODUCTION: The Park Board, City Council and Staff have been working on the Parks, Recreation and Trails Strategic Plan since September 2014. Staff and Confluence made the changes recommended by the City Council at the City Council Work Session on October 2, 2015. ATTACHMENTS: Description Parks, Recreation and Trails Strategic Plan Staff Report December 15, 2015 Mayor and City Council Ann Kattreh Parks & Recreation Director Parks, Recreation and Trails Strategic Plan Information / Background: On September 2, 2014, the City Council approved a consulting services agreement with a consulting team led by Minneapolis based Confluence. Confluence provides landscape architecture, urban design and planning services with offices in Minneapolis, Des Moines, Kansas City, Sioux Falls and Iowa City. Other Confluence group team members working on this project have been Pros Consulting (Indianapolis), 292 Design (Minneapolis), Dreambox (Minneapolis) and Barr Engineering (Minneapolis). The Park Board led the strategic plan consultant section process in the fall of 2014. The Park Board has been working on the Park, Recreation and Trails Strategic Plan since October 2014. The process started with a Needs Assessment Study by the ETC Institute in September 2014 and a GIS inventory of the park system by Geographic Technologies Group (GTG). The GIS inventory and related mapping was completed in November 2014. Confluence and Pros Consulting led us through the following phases: Phase 1 - Review – Analysis and Inventory – Oct. 9 – Nov. 30, 2014 Phase 2 – Public Involvement (Staff, stakeholder and focus group meetings and a public workshop) – December 2014 Phase 3 – Programs and Services Analysis – Dec. 15, 2014 – Feb. 10, 2015 Phase 4 – Prioritization of Demands and Needs – Feb. 12 – April 9, 2015 Phase 5 – Presentation of Findings and Deliverables – April 15 – June 15, 2015 Phase 6 - Final Plan Adoption STAFF REPORT Page 2 June 9, 2015 – Park Board June 17, 2015 – City Council Work Session Oct. 2, 2015 – City Council Work Session Dec. 15, 2015 – Final City Council Adoption The Park Board received updates and opportunities for input at the November and December 2014 Park Board meetings and the February, March, April and May 2015 Park Board meetings. Park Board members Ellen Jones, Keeya Steel, Louis Segreto and Cathy Cella also participated in many early morning Strategic Planning Committee meetings, especially in the first several months of the process. The City Council received updates and opportunities to provide input in December 2014, March, May, June and October 2015. The City of Edina has a project page on the website providing updates and information regarding the strategic planning process, including drafts of the plan as it has evolved. City staff has had ample opportunities to review and provide feedback on the plan. After over fifteen months of work, we’ve reached the final adoption stage of the planning process. Confluence made the changes suggested by the City Council at the Oct. 2, 2015 Work Session. Staff is requesting final adoption of the Strategic Plan. A full electronic version of the Parks, Recreation and Trails Strategic Plan is available for download on the city’s website at: http://edinamn.gov/index.php?section=parks-strategic-plan. There are three sections of the Strategic Plan to download: Part 1 – Strategic Plan; Part 2 – Community Needs Assessment; Part 3 – Appendices. A final, bound copy will be given to the Park Board and City Council when the plan is adopted by the City Council. Date: December 15, 2015 Agenda Item #: IV.V. To:Mayor and City Council Item Type: Request For Purchase From:Ryan Browning, I.T. Manager Item Activity: Subject:Request for Purchase: Fire Suppression Systems for City Datacenters Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve proposal for the purchase of fire suppression systems for City datacenters. INTRODUCTION: In order to better protect the City’s datacenters, we are requesting the installation of a "clean agent" fire suppression system in the server room at City Hall, Council Chambers Control Room, and the server room at Public Works. ATTACHMENTS: Description Request for Purchase Fire Suppression Systems for City Datacenters City of Edina • 4801 W. 50th St. • Edina, MN 55424 December 15, 2015 Mayor and City Council ☒ ☐ Ryan Browning, I.T. Manager Request for Purchase – Fire Suppression System November 4, 2015 December 31, 2015 1. Nardini (protect 3 rooms) 2. Electric Scientific (protect 2 rooms) 1. $40,751.00 2. $38,250.00 Recommended Quote or Bid: Nardini $40,751.00 Information/Background: In order to better protect the City’s datacenters, we are requesting the installation of a "clean agent" fire suppression system in the server room at City Hall, Council Chambers Control Room, and the server room at Public Works. If our current water-based system was activated by fire, any system not destroyed by fire would likely be damaged by the water. This would be catastrophic to our operations. The new clean agent system uses a gas stored in a liquid form that when released extinguishes the fire before it has a chance to start. This system is safer for the equipment and also allows us to delay the system discharge with a control panel in the room. We recommend Nardini’s quote because their quote provides three suppression systems. The quote for Electric Scientific provides systems only for the City Hall server room and Public Works server rooms. In addition to this purchase of fire suppression systems, this project will also require approximately $19,000 in HVAC room preparation costs. Once approved, we will move forward with implementing the system in the first quarter of 2016. Date: December 15, 2015 Agenda Item #: V.A. To:Mayor and City Council Item Type: Other From:Scott H. Neal, City Manager Item Activity: Subject:Carleton Externs - Quality of Life Survey Analysis Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action requested. INTRODUCTION: Four Carleton College students are here participating in an experiential learning externship from November 30- December 16th. They have been asked to analyze the past three Edina Quality of Life Surveys (2011, 2013 and 2015) and to give a report to Council on their findings. Date: December 15, 2015 Agenda Item #: V.B. To:Mayor and City Council Item Type: Report / Recommendation From:Jordan Gilgenbach, Communications Coordinator Item Activity: Subject:Speak Up, Edina November Discussion Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: Since June 2012, the City of Edina has used the online engagement website, www.SpeakUpEdina.org, to collect ideas and opinions from residents. One of the City Council’s six strategic priorities for 2014-2015 has been Communication and Engagement: “To clearly understand community needs, expectations and opinions, the City will consistently seek the input of a broad range of stakeholders in meaningful and interactive communication.” A goal of that is to host a monthly discussion on www.SpeakUpEdina.org. The November discussion focused on public safety. The City of Edina provides police, fire and EMS services. According to the 2015 Quality of Life Survey, 21 percent of residents surveyed have contacted the Police Department in the last year. In addition, 98 percent of those surveyed rate fire and EMS services as “excellent” or “good.” Police services received an “excellent” or “good” rating from 90 percent and 87 percent gave those marks for crime prevention. About 4 percent of those surveyed said “safety” is the biggest issue facing Edina. The City asked the following questions: Do you feel safe living in and visiting different areas of the city? Why or why not? What areas of Edina could benefit from enhanced police presence? How would you describe your biggest safety concern? The discussion was open for comments between Oct. 29 and Dec. 7. During that time, 28 comments were made. Additionally, 756 users visited the site 1,067 times, garnering 4,006 page views. All commenters in this discussion were from Edina. ATTACHMENTS: Description Speak Up Edina Comments 12/9/2015 City of Edina City of Edina • Home • Discussions Sigh rum eas • Meetings EmiI Surveys [email address... Pas4wpytm,„, password... or, Sig9ib With: Counedti Sign Up Sign In Like Tweet Share Speak Up, Edina! n SHARE your feedback! I POST your ideas! I JOIN the discussion! This Discussion channel is currently closed. Discussion: Public Safety The City of Edina provides police, fire and EMS services. According to the 2015 Quality of Life Survey, 21 percent of residents surveyed have contacted the Police Department in the last year. In addition, 98 percent of those surveyed rate fire and EMS services as "excellent" or "good." Police services received an "excellent" or "good" rating from 90 percent and 87 percent gave those marks for crime prevention. About 4 percent of those surveyed said "safety" is the biggest... 3 Topics 28 Answers Closed 2015-12-07 View Discussion Topic: Feeling Safe Do you feel safe living in and visiting different areas of the city? Why or why not? 12 Responses 12 Responses 1116 Joel Stegner, Community volunteer about 1 month ago I have lived in three locations in Edina - the Countryside neighborhood, along Cahill Road and now in the Colony on Barrie Road, close to Fairview Southdale Hospital. The Colony has some safety issues - mainly car break ins - but the complex itself feels safe, as did the other homes which I've owned. What is not safe is the lack of sidewalks through the community. The neighborhood around the Colony has a lot of residents and car traffic, but people who live here are forced to walk in the street, which can be tricky at night and in the winter. Even 65th, the street that conies along the Southdale outpatient entrance, doesn't have continuous sidewalks. In the winter, I have seen a very frail senior, a mother pushing a stroller with a small child grabbing her hand, walking in the street in front of businesses that apparently chose not to build sidewalks as a courtesy to pedestrian. Not every can or want to drive. Walking is a important, inexpensive way to keep healthy. Walking in our neighborhood is so dangerous that very few people do it. Two things complicate the situation. The level of street lighting is quite low, making driving at night more different and leaving "dark spots" were one cannot easily see pedestrians. Next is the issue of crosswalks. All day between Southdale Medical Center and the hospital, there is a steady stream of people walking across the street in the middle of the block - with no warning signs or crosswalks. I have confirmed that Southdale officials have asked for a crosswalk from the city, but have been turned down. There are people driving from the East, people turning out of Southdale Medical and the hospital, and people turning left off of France, where the road curves and people often don't use their turn signals. During construction for perhaps 9 http://speakupedina.org/discussions/public-safety-1/topics/feeling-safe 1/6 12/9/2015 City of Edina months in the last 12 months, sides walks on both sides of the street were temporarily closed, which made jaywalking more likely. This situation has been the same whether one tries to leave the neighborhood toward the pool park (hard to reach on foot), Southdale Shopping Center, the businesses in Southdale Square and along York. Poorly marked or non-existent crosswalk markings - not of the high quality one sees elswhere in the city and street lights without the "timed walk" feature - so people cannot see how much time they have to cross. On all three of those streets, there really aren't safe medians and traffic tends to drive 10-15 miles above posted limits. Only at Xerxes and 64th has the city done something better - flashing lights marked crosswalks - that went in this summer. If a person doesn't feel safe wallcing three blocks because of the way the city's infrastructure is designed, that simply is a major public safety issue. Our neighborhood is just an example of this. The city plans to "fix" the sidewalk problem over the next 30 years (too little, too late), and probably doesn't even understand what problems poor lighting and unmarked crosswalks are.. Bikers have got some of what they wanted only by applying pressure. With the issue of pedestrian safety, a little bit of weak communication that asks drivers, bikers and walkers to respect each other isn't enough.. Only significant plans not tomorrow but today that are well funded will take away the problem. Lack of sidewalks and the way it limits physical fitness is simply contrary to preserving the health of our residents. 4 Supports comment... Reply to Joel Stegner Laura Kondrick about 1 month ago I agree about the sidewalks. I think they are more important than a SWAT team. This is the most recent item I found on the Edina City web page. It is dated September 18, 201411111 in a Report Recommendation to the Edina Transportation Commission from and is from Mark K. Nolan, AICP, Transportation Planner. I couldn't any more recent items on the website nor could I find the agenda or meeting minutes, The link below seems to give lip service to pedestrians and focuses on vehicle transportation. "The process for submitting a traffic safety request is as follows: Contact Engineering at 952-826-0371 or trafficsafety(&,edinamn.gov. The Traffic Safety Coordinator will gather pertinent facts from you to help define the problem and a possible solution. The Traffic Safety Committee will review your request and make a recommendation. The recommendation will be shared with you. If you disagree with the recommendation or can provide additional information, you can attend the Transportation Commission meeting and the City Council meeting to present your disagreement or provide additional information. We suggest you notify all interested parties to attend the meetings with you. The City Council makes the final decision on all traffic safety requests. A second review of the same or similar request is at the discretion of the City Council. All meetings are open to the public. 6 p.m. 3rd Thursday of the month City Council Chambers Edina City Hall 4801 W. 50th St." http://edinamn.gov/edinafi I es/files/Advi sory_Boards/Transportation/2014/Sept18/Item%20VI_%20A_%20Draft%20S idewalk%20Fac I ities°1.20Plan .pdf 1 Support comment... Reply to Laura Kondrick Laura Kondrick about! month ago Did you know - Edina has a SWAT team? I remember seeing a budget item for equipment and vehicles for SWAT. Heavy duty stuff. I think this is weird. I wonder what the criteria for supporting this is in terms of numbers and needs. Is this funded solely by the city? "Originally called the Special Entry Team (SET), the group was formed in 1986. As more responsibility was added to the teams list, the name was changed to SWAT. The Special Weapons And Tactics team is a group of ten police officers and four paramedics who respond to high risk situations such as: Hostage/Barricaded Subjects, High Risk Warrants, Suicidal Persons, Civil Disturbances, Dignitary Protection, Undercover Surveillance, Disaster Response" http://edinamn.gov/index.php?section=search&q=swat http://speakupedina.org/discussions/public-safety-1/topicstfeeling-safe 2/6 12/9/2015 1 Support City of Edina comment... I Reply to Laura Kondrick I jLaura Kondrick about! month ago I feel very safe in my community. I had a hit and run experience in the Walgreen's parking lot at 50th and Vernon. The officer responded very quickly was extremely helpful in resolving the situation. He also followed up with me as to the outcome. I wish I could remember the young man's name (Joseph Delgehausen?). I did have a problem obtaining a permit to purchase a gun from the police department. The officer wasn't aware of the process, or the forms, and said I had to pay a fee for the permit. I returned a second time with backup info and was given the form to fill out. Also I made a suggestion to retime the left turn arrow for the stoplight at Vernon and Gleason, The left lane turners didn't give enough time for all the cars to empty the turn lane so many drivers were running the light. The light was retimed with a week! 0 Supports comment... Reply to Laura Kondrick Laura Kondrick about! month ago Edina does have a lot of patrol officers!!!! And staff!!! http://edinamn.gov/index.php?section=Police-About&deptid=26 I Support comment... Reply to Laura Kondrick Dave Bender 30 days ago I have safety concerns around the Southdale Mall area after dark. My other safety concern is hitting someone or having someone get hit walking along the street, whether it's little kids in the morning or adults walking dogs after dark with no reflective gear. Sidewalks will help a lot with that. 1 Support comment... Reply to Dave Bender David Frenkel 30 days ago The only time I don't feel safe is all the people who think stop signs are optional while driving a vehicle. http://speakupedina.org/discussions/publi c-safety- 1 /topics/feel ing-safe 3/6 12/9/2015 City of Edina I Support comment... Reply to David Frenkel JIPIStromberg 30 days ago I agree with David - even in a crosswalk, one has to be careful about someone who has "lcinda" stopped for a red light, but immediately makes a right turn - ignoring the ped in the crosswalk. As to the sidewalk issue, I am always amazed at how few sidewalks there are in Edina that are 'continuous': you'll be walking along on one for a few feet, then it disappears, only to reappear after walking a ways further. Always a question in my mind?...why would the city put in a 'walk' for part of a block and not the whole block? 0 Supports comment... Reply to Jim Strombergl Andrew Brown 30 days ago The City puts all its resources to DUI enforcement. Fine. But I never see any routine neighborhood patrols to prevent home invasion and property theft either in my Mom's or my neighborhood. Ironic, how much more do I have to pay in property taxes to have a police force that protects my home and property?. 2 Supports comment... Reply to Andrew Brown Sue Keator 27 days ago People not stopping at signs is a bad problem, but distracted driving is worse. Wish there was more enforcement of those texting while driving. I don't feel safe at Southdale after dark, so I just don't go. It will only get worse once the low-income housing opens across the street. 0 Supports comment... IReply to Sue Keator Sharon G25 days ago The city also has plenty of speed traps on Hiway 100 rather than patrolling neighborhoods for traffic violations and being familiar with those neighborhoods. Crosswalk and bike path markings are not maintained well. New sidewalks are not well planned/built the new one at Brookside Ave & Interlachen is too steep for children on bikes and the curb cut veers into the street .... there is also a blind spot on that curve and cars traveling toward Vernon will not see kids soon enough to stop in a slippery / dark / or foggy situation. I had someone at city hall tell me years ago that bikes are suppose to be ridden in the street.... tell that to a Mom with a stroller and a 3 year old on a trike. 0 Supports http://speakupedi na.org/discussions/publ ic-safety- 'I /topics/feel ing-safe 4/6 k.1 12/9/2015 City of Edina comment ... Reply to Sharon G Jane Ou atDecember 03,2015 at 1:03pm CST I feel very safe in Edina except as a pedestrian. I live near 50th and France. Crossing At 50th and France and 49 1/2 and France is veiy dangerous. Cars turning right never stop to look for pedestrians. It is safer to cross at the crosswalks near Cooks of Crocus Hill and Talbots but still scary. 49 th 1/2 street should have speed bumps. Cars turn right from France and speed down this street to get to 50th. They are going so fast that they dont have time to slow down for people in the crosswalk near the parking ramp. Most people are on their cell phones. Edina should take the lead and become a hands- free city like Chicago. Thanks, Jane 0 Supports comment... Reply to Jane Qu Sign Up Connect email address... Sign Up Participants • • http://speakupedina.org/discussions/public-safety-l/topics/feeling-safe 5/6 12/9/2015 City of Edina City of Edina • Home • Discussions Sign -Elms eas • Meetings Email Surveys email address... Pasawnshim„, password... or, SiNivk frith: Conne4sti n u Sign Up Sign In Like Tweet I Share I I G+1 o Speak TI Edina! n SHARE your feedback! n POST your ideas! n JOIN the discussion! This Discussion channel is currently closed. Discussion: Public Safety The City of Edina provides police, fire and EMS services. According to the 2015 Quality of Life Survey, 21 percent of residents surveyed have contacted the Police Department in the last year. In addition, 98 percent of those surveyed rate fire and EMS services as "excellent" or "good." Police services received an "excellent" or "good" rating from 90 percent and 87 percent gave those marks for crime prevention. About 4 percent of those surveyed said "safety" is the biggest... 3 Topics 28 Answers Closed 2015-12-07 View Discussion Topic: Extra patrols What areas of Edina could benefit from enhanced police presence? 11 Responses 11 Responses Joel Stegner, Community volunteer about 1 month ago As I mentioned above, traffic speeds on 66th, France and York/Xerxes are excessive. In my five years at my current location, spending a lot of time on these roads, I can only recall seeing one traffic stop, which suggests that traffic enforcement here is not a priority. I see lots of arrests on Highway 100 (speeding and drunk driving) which is good, but cracking down on speeds or these roads would have a deterrent - or simply having police cars parked next to the road will have some of the same effect. Some of the problem results from the timing of the traffic lights. Along France, I think people have observed that if you are driving south toward 494, if you drive the posted limited you are likely to have to stop at every light. In contrast, if you speed, you make the lights. If you create incentives for people to break the speed laws they will do so. If you are driving 10 over the limits and have to stop for 10 seconds at every light, you don't have to be a rocket scientist to understand that you wouldn't be getting stopped if you slow down. Please fix this situation - and the speeding problem on France, which makes pedestrian crossing much more dangerous and riding your bike on France suicidal will greatly diminish without more enforcement. On York Xerxes, going south, it seems like one almost inevitably is forced to stop at the entrance to the Cub Store. Continuing south after that, http://speakupedina.org/discussions/public-safety-1/topics/extra-patrols 1/6 12/9/2015 City of Edina the lights seem much better timed. As the furniture store site and Best Buy get redeveloped, traffic levels will increase, so if people can drive the posted speed without being forced to stop, they will clear the area quicker, reducing congestion. Pedestrian crossings on York need some improvement, although installation of some of the timed walk lights has improved things The danger with congestion is not just for the pedestrian, but if not managed right, accidents will to up. 66th has become a speedway for people taking it to avoid congestion on the crosstown. The portion of it from the Eastern border of the city up to Valley View needs more traffic control. It would be a good idea to work on a common plan with Richfield, as I suspect they have the same challenge on the portion from 35W to their western border,. 2 Supports comment... Reply to Joel Stegner Laura Kondrick about 1 month ago Speeding! I like seeing the patrol cars pulling over speeders on Hwys 62, 100 and 169. Crazy. I think the 10 mile an hour overage allowance is terrible. The speed limit is the LIMiT and not the MINIMUM! Also the stretch at 50th between Hwy 100 and and Wooddale is often a speed alley. Also Vernon between Gleason and and the Grandview shopping area. This is where I drive the most. I Support Andrew Brown 30 days ago This is a function of poor transportation planning and implementation. The neighborhood was originally designed around the street car and Dan Patch Rail. If this was re-implemented then commuter vehicle traffic could be drastically reduced or at least mitigated. Sadly, there is no such plan by the City of Edina 0 Supports comment... Reply to Andrew Brown Reply to Laura Kondrick comment... Laura Kondrick about 1 month ago Hey can you pull over tailgaters? This drives me crazy and is so dangerous. Some drive so close I cannot see their headlights. Sometimes pull over to let cars pass or slow down on the highway so they will pass me. 0 Supports comment... Reply to Laura Kondrick http://speakupedina.org/discussions/public-safety-l/topics/extra-patrols 2/6 12/9/2015 City of Edina Joel Acker 30 days ago Hwy 100 already seems to be a focus area, but the quantity of speeders on Hwy 100 is still very high. Another common issue which could possibly benefit from additional enforcement is pulling over drivers who are not using their headlights as required by law during rain/snow. With the shorter days of winter upon us, it's also common to see vehicles driving around at dusk with no lights on or just Driving Lights on. Those behaviors lead to accidents due to poor visibility. As far as where, heavily trafficked corridors such as France Ave, W 66th St, Xerxes/York Ave, W 50th St might be good places to start. 1 Support comment... Reply to Joel Acker Leah McCormick 30 days ago Hello, 1. I think more patrols of the city parks is needed. Kids often go there to hang out later in the day or at night and there have been several incidents my children have seen, and now hanging up hammocks in the parks is the new trend. These are often used for sexual get-together or places for teens to hook up. Also, my children have witnessed Edina students doing, sex, inappropriate 'touching' by other students, and harassment (including sexual harassment). All have been Edina kids. 1. More lighting around Southview, Concord, Normandale, Community Center and fields, tennis courts and fields. Also, very critical to improve security on all levels along the side road and path to Perkins - where many Edina student head after football games. Perkins is right off of Hwy 100 and there are any people not from Edina who pull over, or attend the football games that drive along the side street. My son and his friend were mugged along that stretch. My son was a football player and it occurred after a home game as they went to Perkins to eat and hang out. A car full of kids from another school pulled over, asked them if they wanted to buy drugs (they said no), then told my son and his friends they had weapons and would shoot them. Both my son and his friend were beat up and their wallets and a phone taken - it's had a permanent effect on him. Camera's, lights, and more police presence is needed for football, school plays, and most activities when kids are in that area of Concord, Normandale, Southview and the Community Center. It's always completely dark for the first few football games because the timers are not adjusted for daylight savings time. It creates a dangerous situation for everyone, falling, tripping over unseen things or curbs etc. Thank you. 2 Supports comment... Reply to Leah McCormick Leah McCormick 30 days ago 4 http://speakupedina.org/discussions/public-safety-l/topics/extra-patrols 3/6 12/9/2015 City of Edina Hello, I think more patrols of the city parks is needed. Kids often go there to hang out later in the day or at night and there have been several concerning incidents my children and their friends have seen or been in situations that were hard to get away from. Hanging up hammocks in the parks is the new trend. Unfortunately, these are often used for sexual get-togethers or places for teens to hook up. Sex, inappropriate 'touching' by other students, and harassment (including sexual harassment), drugs, pot etc. have all occurred since the start of the 2015-2016 school year. All have been Edina kids. More lighting around Southview, Concord, Normandale, Community Center and fields, tennis courts and fields. Also, very critical to improve security on all levels along the side road and path to Perkins - where many Edina student head after football games. Perkins is right off of Hwy 100 and there are any people not from Edina who pull over, or attend the football games that drive along the side street. My son and his friend were mugged along that stretch. My son was a football player and it occurred after a home game as they went to Perkins to eat and hang out. A car full of kids from another school pulled over, asked them if they wanted to buy drugs (they said no), then told my son and his friends they had weapons and would shoot them. Both my son and his friend were beat up and their wallets and a phone taken - it's had a permanent effect on them. There was nothing they could have done to prevent it and they had a false sense of security because they were in "Edina". Camera's, lights, and more police presence is needed for football, school plays, and most activities when kids are in that area of Concord, Normandale, Southview and the Community Center. It's completely dark the first few football games because the timers are not adjusted for daylight savings time. It creates a dangerous situation for everyone, falling, tripping over unseen things or curbs etc. Thank you. 0 Supports comment... 4 Reply to Leah McCormick David Frenkel 30 days ago I would like to see more marked patrol cars around Edina schools. The main reason most people move to Edina is because of schools and the number one priority of government is the safety of its residents. My number one priority are my children and I would like EPD to show a bigger presence at schools to reflect a bigger concern for the safety of children in Edina. I moved from a larger but similar school district that had a daily police presence at all schools. 0 Supports comment... Reply to David Frenkel Jim Stromberg 30 days ago Regarding extra patrols: I think everyone living in the 50th and France area would agree that extra patrols around there at rush hour time would help. I've often thought that I wish I had an air horn to blow at drivers that: 1. run red lights, 2. makes illegal turns, 3. endanger peds with high speed, and 4. text while driving. I walk the area every day, and I've watched any (sometimes all) of the above while walking along France and 50th. The one place that I have noticed that drivers pay attention to are the crosswalks on 50th, just west of France. I wish they were as attentive away from those two crossings. 0 Supports http://speakupedina.org/discussions/public-safety-1/topics/extra-patrols 4/6 12/9/2015 City of Edina Andrew Brown 30 days ago Jim- This is a product of poor transportation options and planning. 50th was originally designed as a neighborhood that depended on street cars as was 44th. If you had Dan Patch rail and street cars running back to Minneapolis you would see a significant reduction in vehicle traffic but Edina and Minneapolis have no plan to have such a vision 0 Supports Reply to Andrew Brown comment... comment... Reply to Jim Stromberg Sharon G 25 days ago Evening and night time patrolling of neighborhoods. 0 Supports comment... Reply to Sharon G Sign Up Connect email address... Participants Sign Up • http://speakupedina.org/discussions/public-safety-1/topics/extra-patrols 5/6 12/9/2015 City of Edina • Home • Discussions Sigh e Ti • Meetings Email 8 Surveys email address... Panwpffluma password... or, Sigpiku with: Comneai U Sign Up Sign In Like Tweet IShare I I G+1 City of Edina Edina! n SHARE your feedback! n POST your ideas! n JOIN the discussion! This Discussion channel is currently closed. Discussion: Public Safety The City of Edina provides police, fire and EMS services. According to the 2015 Quality of Life Survey, 21 percent of residents surveyed have contacted the Police Department in the last year. In addition, 98 percent of those surveyed rate fire and EMS services as "excellent" or "good." Police services received an "excellent" or "good" rating from 90 percent and 87 percent gave those marks for crime prevention. About 4 percent of those surveyed said "safety" is the biggest... 3 Topics 28 Answers Closed 2015-12-07 View Discussion Topic: Biggest Concern How would you describe your biggest safety concern? 5 Responses 5 Responses Joel Stegner, Community volunteer about 1 month ago I understand speeding - it has some benefit in terms of getting places faster, although the amount of time saved can be kind of trivial. Tail gating and frequently changing lanes can have the same motivation. My number on pet peeve - a public safety issue that has no possible justification other than laziness or an indifference to others is failure to signal turns or lane changes. That is simply dangerous driving at it worst - and something I think that perhaps a majority of drivers seem to be guilty of doing, even on very heavily travelled roads. I have to say that I even see patrol cars not signalling turns - I cannot remember whether I've seen this Edina, but I have seen in many places. The worst part of this is that boorish, disrespectful behavior is something that young people see adults doing and emulating. When youth cut corners when thery drive, too often they end up having accidents, with terrible consequences including killing themselves or someone else. If they are not using their turn signals and such an "accident" happens, their parents and community are too blame. Youth may be too young to http://speakupedina.org/discussions/public-safety-1/topics/biggest-concern 1/4 12/9/2015 City of Edina know better, but adults have seen enough bad things happen when people don't show common sense and common courtesy, which consistently using turn signals is all about. 3 Supports comment... Reply to Joel Stegner David Frenkel 30 days ago My biggest safety concern is the lack of community policing and communication in Edina. There is no true community policing in Edina. The officicers need to get into the community and talk to residents. Hold informational meetings to discuss safety and crime issues including any new trends such as some of the recent home breakins. 0 Supports comment... 4 Reply to David Frankel I Jim Stromberg 30 days ago Without a doubt, it's distracted driving. It seems to me that every-other-driver has a phone in their hand. I fear many of those are texting, and not just talking (which is certainly bad enough!). I think a concentrated effort in different parts of our city by our police force could deter this folly. I can stand at an intersection and watch people at every signal change play with their phone. If an officer stood at the intersection, and would 'radio' the plate number to a patrol car parked up the street to pull them over as they passed by, they could finance the city for a year within a week's time. One more thing: earlier this summer, I received a letter from the city that said they were contemplating a restriction of a left turn from eastbound 50th onto northbound Maple. What ever happened to that idea? 1 Support Andrew Brown 30 days ago The number of distracted driver fatalities would be drastically reduced if we actually had a rail public transit system. Re-implementing the Dan Patch corridor for commuter trains and fighting to bring back the street car on a local basis to East Edina and Southwest Minneapolis would drastically reduce this incidents 0 Supports comment... Reply to Andrew Brown I comment... I Reply to Jim Stromberg http://speakupedina.org/discussions/public-safety-l/topicsibiggest-concern 2/4 12/9/2015 City of Edina Andrew Brown 30 days ago My biggest fear is being asleep at home and having someone break into the house. It happened to my neighbor and they had to bring out the Hennepin County helicopter and the boys in blue still couldn't catch the group that did it 0 Supports comment... Reply to Andrew Brown Sign Up Connect email address... Participants Sign Up • Ideas In Action Remove bushes on 42nd St. concealing Weber Park Portable "Path Flooded" Sign at Bredesen Path Flooded Sign at Bredesen Park http://speakupeclina.org/discussions/public-safety-l/topicsibiggest-concern 3/4 Date: December 15, 2015 Agenda Item #: VI.A. To:Mayor and City Council Item Type: Report / Recommendation From:Scott H. Neal, City Manager Item Activity: Subject:Public Hearing: Consider Competitive Franchise Agreement With Qwest Broadband Services, Inc. d/b/a Century Link, Resolution No. 2015-132, Ordinance No. 2015-26 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Hold a public hearing to consider granting a franchise for cable television service to CenturyLink. INTRODUCTION: The City of Edina has been asked to grant a cable television franchise agreement to CenturyLink. The City Council may grant this request if it finds that the applicant, CenturyLink, is capable of providing cable television services and if the applicant agrees to provide said services under the same terms and conditions as other cable television franchise holders in Edina. In Edina, the only other cable television franchise holder is Comcast. The City of Edina is a member of the Southwest Cable Commission. The other member cities of the commission are Richfield, Minnetonka, Eden Prairie and Hopkins. The commission exists to advise its member City Councils on cable television matters. The commission considered the CenturyLink request earlier this year. The commission voted unanimously to recommend that its member City Councils approve the CenturyLink request. At the December 15 City Council meeting, Mr. Brian Grogan, legal counsel and administrator of the SW Cable Commission, will guide the Council through a pubic hearing on the franchise request and advise the Council on the matter ATTACHMENTS: Description Southwest Cable Commission Resolution 2015-1 Grogan Memo Findings of Fact Grogan Memo Regarding Free Service Ord. No. 2015-26 Public Hearing Presentation SOUTHWEST SUBURBAN CABLE COMMISSION Resolution No. 2015-1 Regarding Recommendations with Respect to CenturyLink's Proposal for a Cable Communications Franchise Recitals 1. The Southwest Suburban Cable Commission ("Commission") consists of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota ("Member Cities"). 2. The Commission administers and enforces cable communications franchises on behalf of its Member Cities. 3. Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc. ("CenturyLink") has approached each of the Member Cities seeking a cable communications franchise. 4. Minnesota Statutes § 238.08(a) mandates that the Member Cities require a franchise for any cable communications system providing service within the City. 5. Federal law at 47 U.S.C. § 541 (a) provides that a city "may not unreasonably refuse to award an additional competitive franchise." 6. The Commission has advised each of the Member Cities to carefully follow the franchise procedure required by Minnesota Statutes § 238.081 by publishing once each week for two successive weeks in the official newspaper of the Member City a Notice of Intent to Franchise a Cable Communications System. 7. The Commission's proposed Notice stated all eight (8) criteria outlined in Minnesota Statutes § 238.081 Subd. 2. 8. In addition to the published Notice, the Commission advised each Member City to mail copies of the Notice of Intent and the Official Application Form to CenturyLink, as well as other interested parties. 9. Each Member Cities' Official Application Form required that proposals for a cable communications franchise contain responses to each of the items identified in Minnesota Statutes § 238.081 Subd. 4. 10. On behalf of the Member Cities, the Commission has carefully reviewed all information and documentation presented to each of the Member Cities regarding CenturyLink's proposal and qualifications to construct, own and operate a cable communications system within the Member Cities. 1 2992393v1 11. The Commission retained the law firm of Moss & Barnett, a Professional Association to assist the Commission and Member Cities in conducting the procedure required under Minnesota Statutes §238.081 and reviewing the application submitted by CenturyLink as well as comments and information from interested parties. 12. The Member Cities directed the Commission and Commission staff to meet with CenturyLink to negotiate mutually acceptable terms and conditions for a competitive cable franchise. 13. The Commission and CenturyLink have reached tentative agreement on a draft cable franchise ("Model CenturyLink Franchise") which is attached hereto and incorporated by reference. 14. Based on information and documentation made available to the Commission and Member Cities and the report dated June 1, 2015 prepared by Moss & Barnett with respect to CenturyLink's application, each of which hereby is incorporated in this Resolution by reference, the Commission has reached recommendations regarding CenturyLink's legal, technical and financial qualifications and the award of a Model CenturyLink Franchise. NOW THEREFORE, the Commission hereby resolves as follows: 1. The Commission hereby finds that CenturyLink's application to each of the Member Cities complies with the requirements of Minnesota Statutes § 238.081. 2. The Commission finds that CenturyLink possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable communications system within the Member Cities. 3. The Commission finds that the Model CenturyLink Franchise is reasonable and acceptable and the Commission recommends adoption of the Model CenturyLink Franchise by the Member Cities. 4. The Commission directs staff to finalize the Model CenturyLink Franchise and customize the Model CenturyLink Franchise for each Member City. 5. The Commission directs staff to prepare a memorandum and detailed proposed findings of fact for each Member City regarding CenturyLink's qualifications and the terms of the Model CenturyLink Franchise. 6. The Commission directs staff to undertake all other necessary action to accomplish the directives set forth in this Resolution. 2 2992393v1 7. The Commission finds that its actions are appropriate and reasonable in light of the mandates contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. § 541(a). PASSED AND ADOPTED this 2. ~ day of OGtoQe(" ,2015. SOUTHWEST SUBURBAN CABLE COMMISSION By: :!:i/!l{@ma)iM By: ATTEST: 3 2992393v1 150 South Fifth Street | Suite 1200 Minneapolis, MN 55402 P:612-877-5000 F:612-877-5999 W:LawMoss.com MEMORANDUM To: City Council of the City of Edina, Minnesota From: Brian Grogan Date: December 4, 2015 Re: Competition in Cable Communications Franchising Executive Summary The City of Edina, Minnesota (“City”) is considering granting a competitive cable franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink (“CenturyLink”) in a service area for which Comcast holds an existing franchise. This memorandum is intended to assist the City Council (“Council”) in its consideration of the proposed Ordinance Granting a Competitive Cable Franchise for Qwest Broadband Services, Inc., d/b/a CenturyLink (“CenturyLink Franchise”) by summarizing the legal issues surrounding its terms that relate to competition in the cable communications industry. Details The Southwest Suburban Cable Commission (“Commission”) adopted Resolution No. 2015-1 enclosed as Exhibit 1 finding CenturyLink to be legally, technically, and financially qualified to provide cable communications services to residents of the City. In connection with that finding, the Commission authorized City staff to negotiate with CenturyLink to determine if mutually agreeable terms for such a franchise could be reached. Those negotiations are now complete and have resulted in the proposed CenturyLink Franchise enclosed as Exhibit 2. City staff has also prepared for the Council’s review and consideration, written “findings of fact,” enclosed as Exhibit 3, setting forth the factual and legal basis for the grant of the CenturyLink City Council of the City of Edina, Minnesota December 4, 2015 Page 2 Franchise and the impact of relevant State and federal competitive cable franchise laws and regulations. Build-out To help promote competition in and minimize unnecessary regulatory burdens on the cable communications industry, the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and Telecommunications Act of 1996 (the “Cable Act”) prohibits local franchising authorities from granting exclusive cable communications franchises or unreasonably refusing to award an additional franchise to a qualified applicant.1 The Federal Communications Commission (“FCC”), which administers the Cable Act, addressed competitive cable franchising in its 2007 Report and Order and Further Notice of Rulemaking (generally referred to as the “621 Order” after its subject, Section 621 of the legislation that became the Cable Act). The 621 Order explained that an unreasonable refusal in contravention of the Cable Act could occur not only by outright denial of a franchise application, but also by creating conditions that operate as de facto denials. One variety of de facto denial addressed by the 621 Order is the imposition of unreasonable build out requirements that act as a barrier for an additional cable provider to enter a market with an existing franchise: Build-out requirements deter market entry because a new entrant generally must take customers from the incumbent cable operator . . . . Because the second provider realistically cannot count on acquiring a share of the market similar to the incumbent’s share, the second entrant cannot justify a large initial deployment. Rather, a new entrant must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding.2 1 47 U.S.C. § 541(a)(1). 2 621 Order at ¶ 35. City Council of the City of Edina, Minnesota December 4, 2015 Page 3 The 621 Order did not prohibit all build out requirements, but instead provided examples of unreasonable build out requirements—and of reasonable ones, such as a small initial deployment and required expansion triggered by market success.3 Minnesota Statutes Chapter 238, which establishes statewide cable communications requirements, also addresses build out by requiring “a provision in initial franchises identifying . . . a schedule showing: . . . that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise.”4 CenturyLink takes the position that Minnesota’s five-year build out requirement is unreasonable under the 621 Order and is therefore preempted by the federal law. Comcast disagrees and points to the FCC’s recent reaffirmation that the 621 Order’s rulings “were intended to apply only to the local franchising process and not to franchising laws and decisions at the state level.”5 The CenturyLink Franchise addresses this issue by requiring a modest initial deployment (at least 15% of the service area within two years) and linking build out requirements to market-success benchmarks that CenturyLink must use its best efforts to meet, but granting the City sole discretion to determine, at the end of five years, whether CenturyLink has fulfilled its build out obligations to qualify for renewal of the franchise.6 Competitive Equity The Minnesota cable communications statutes also contain a general level-playing-field (i.e., “competitive equity”) provision that requires that an additional franchise include no terms or conditions “more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) 3 Id. at ¶ 89-90. 4 Minn. Stat. § 238.084, subd. 1(m). 5 621 Order at ¶ 7, cited in letter dated May 4, 2015 6 CenturyLink Franchise §2.6. City Council of the City of Edina, Minnesota December 4, 2015 Page 4 franchise fees.”7 Minnesota courts have interpreted this provision as requiring “substantially similar”—rather than identical—terms.8 Several attempts have been made to ensure that the CenturyLink Franchise is substantially similar to Comcast’s existing franchise: first, the Comcast franchise served as the base document for negotiation of the CenturyLink Franchise; second, the franchise fees required by the CenturyLink Franchise are identical to those required by Comcast’s franchise; third, the geographic area (after complete build-out) of the CenturyLink Franchise matches the area specified in Comcast’s franchise; and fourth, the CenturyLink Franchise requires CenturyLink to require substantially similar—if not greater—public, educational, and governmental access. Findings of Fact As previously indicated, whether the Council ultimately grants or denies the proposed CenturyLink Franchise, it must examine all of the evidence presented to it, weigh the facts, and apply the correct legal standards. Enclosed as Exhibit 3 are draft findings of fact generally supporting a decision to approve the CenturyLink Franchise. With the caveat that best practices dictate that the final findings of fact should respond to any evidence or argument against approval, the attached findings of fact may serve as a useful starting point if the Council elects to grant CenturyLink the franchise it seeks. 3047023v1 7 Minn. Stat. § 238.08, subd. 1(b). 8 See WH Link, LLC v. City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003). Exhibit 1 EXHIBIT 1 Southwest Suburban Cable Commission Resolution 2015-1 Exhibit 2 EXHIBIT 2 CenturyLink Franchise Exhibit 3 EXHIBIT 3 Findings of Fact 1 CITY OF EDINA, MINNESOTA RESOLUTION NO. 2015-132 Regarding an Ordinance Granting a Competitive Cable Franchise for Qwest Broadband Services, Inc., d/b/a CenturyLink RECITALS: WHEREAS, the City of Edina, Minnesota makes the following FINDINGS OF FACT: 1. In October 2014, Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc. (“CenturyLink”) requested that the City of Edina, Minnesota (“City”) initiate proceedings to consider awarding it a franchise to provide cable communications services in the City (“Service Territory”). 2. Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc. (“Comcast”) holds a non-exclusive cable communications franchise for the Service Territory (“Comcast Franchise”). 3. The Comcast Franchise, which the City last renewed in August 2012, is currently the only cable communications franchise for the Service Territory. 4. The monopoly held by a sole cable communication provider in a particular market is a barrier to entry for additional providers, which does not have a captive market but must instead “win” every subscriber.1 5. The presence of a second cable operator in a market improves the quality of service offerings and drives down prices by approximately 15%.2 6. On April 9 and April 16, 2015, the City published a Notice of Intent to Franchise a Cable Communications System (“Notice”) in the Sun Current, a newspaper of general circulation in the Service Territory. 7. The Notice indicated that the City was soliciting franchise applications and provided information regarding the application process, including that applications were required to be submitted on or before April 30, 2015 and that a public hearing to hear proposals from applicants would be held May 6, 2015 at 7:00 PM. 8. The City also mailed copies of the Notice and application materials to CenturyLink and Comcast.3 1 In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 05-311, at ¶ 138 (Rel. Mar. 5, 2007) (“621 Order”). 2 Id. at ¶¶ 2, 50. 2 9. On April 30, 2015, the City received an application from CenturyLink (the “CenturyLink Application”). The City did not receive any other applications. 10. As provided by the Notice, on May 6, 2015 the City held a public hearing during the City Council’s regularly scheduled meeting to consider CenturyLink’s application and qualifications. 11. On May 4, 2015, Comcast submitted a letter to the City setting forth its position regarding the CenturyLink Application (“Comcast Letter”).4 12. The Comcast Letter expresses concern about how CenturyLink’s proposal compared to particular provisions of the existing Comcast Franchise.5 13. The Comcast Letter also summarizes Comcast’s position regarding build-out requirements and other proposed terms related to competition in the cable industry.6 14. During the hearing, CenturyLink presented its proposal and all other interested parties were provided an opportunity to speak and present information to the City Council regarding the CenturyLink Application. 15. Following the hearing, the law firm of Moss & Barnett, a Professional Association prepared a report, dated June 1, 2015 (“Franchise Report”), reviewing and analyzing the City’s franchising procedures, the CenturyLink Application and other information provided by CenturyLink in connection with the May 6, 2015 public hearing.7 16. The Franchise Report identifies and discusses federal and state legal requirements relevant to the City’s consideration of the CenturyLink Application, including laws pertaining to franchising procedures and competition between providers.8 17. The Franchise Report also analyzes information provided by CenturyLink to establish its qualifications to operate a cable communications franchise in the Service Territory.9 18. At its meeting on October 28, 2015, the Southwest Suburban Cable Commission (“Commission”) considered the Franchise Report along with the information and documentation it had received regarding the CenturyLink Application, and adopted Resolution 2015-1 finding and concluding that the CenturyLink Application complied with the requirements of Minn. Stat. § 238.081 and that CenturyLink is legally, 3 Notice by the City of Edina, Minnesota of Its Intent to Consider An Application for a Franchise and Request for Proposals - Official Application Form 4See May 5, 2015 letter from Emmett Coleman to Brian Grogan, Franchise Administrator of the Southwest Suburban Cable Commission regarding CenturyLink Video Franchise Application. 5 Id. at 2. 6 Id. at 1-2. 7 Report to the Southwest Suburban Cable Commission Regarding Qwest Broadband Services, Inc. d/b/a/ CenturyLink – Proposal for a Cable Communication Franchise, June 1, 2015. 8 Franchise Report at 2-9. 9 Id. at 11-12. 3 technically, and financially qualified to operate a cable communications system within the Service Territory. 19. In Minnesota, both State and federal law govern the terms and conditions of an additional cable communications franchise in an already-franchised service area.10 20. The franchising authority may not grant an exclusive franchise or unreasonably refuse to award an additional competitive franchise.11 21. The franchising authority must allow an applicant reasonable time to become capable of providing cable service to all households in the service area.12 22. The franchising authority may grant an additional franchise in an already-franchised service area if the terms and conditions of the additional franchise are not “more favorable or less burdensome than those in the existing franchise” regarding the area served, the PEG access requirements, and franchise fees.13 23. The additional franchise must also include, among other things, “a schedule showing . . . that the construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise.”14 24. In order to ensure that any additional franchise granted to CenturyLink would contain substantially similar service area, PEG access requirements, and franchise fees to the Comcast Franchise, the City used the Comcast Franchise as the base document for its negotiations. 25. On December 15. 2015 the City Council gave notice that it intended to introduce an ordinance granting a cable communications franchise to CenturyLink. 26. On December 15, 2015 the City Council introduced Ordinance No. 2015-26, an Ordinance of the City of Edina Granting a Cable Communications Franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink (“CenturyLink Franchise”). 27. Copies of the CenturyLink Franchise were made available to the public, including Comcast, on December 11, 2015 28. The CenturyLink Franchise encompasses the same Service Territory encompassed by the Comcast Franchise.15 10 See 47 U.S.C. § 541(a)(1); Minn. Stat. §§ 238.08, .084; see also Franchise Report at 2-8. 11 47 U.S.C. § 541(a)(1). 12 47 U.S.C. § 541(a)(4). 13 Minn. Stat. § 238.08, subd. 1(b). 14 Minn. Stat. § 238.84, subd. 1(m). 15 CenturyLink Franchise § 2.4; Comcast Franchise § 2.4. 4 29. The franchise fees required by the CenturyLink Franchise are identical to those required by the Comcast Franchise. 16 30. The PEG access requirements in the CenturyLink Franchise mandate certain obligations, such as HD channel capacity for all PEG channels that go beyond the commitments made in the Comcast franchise.17 31. The City recognizes that CenturyLink, which currently offers no cable communications services in the Service Territory, cannot justify a large initial deployment because it “realistically cannot count on acquiring a share of the market similar to Comcast’s share . . . [and] must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding.”18 32. The CenturyLink Franchise therefore requires CenturyLink’s initial deployment to be capable of serving at least 15% of the living units in the Service Territory within two years. 33. The CenturyLink Franchise permits the City to monitor CenturyLink’s progress and compliance with build-out requirements via quarterly meeting and accelerates the build- out schedule if CenturyLink has market success, with the goal and expectation that build- out will be substantially complete before the CenturyLink Franchise’s five-year term expires.19 34. During its regularly scheduled meeting on [__date__], the City Council will hold a public hearing at which all interested parties are provided an opportunity to speak and present information regarding the proposed CenturyLink Franchise. WHEREAS, the City has considered these facts and the cable-related needs and interests of the community: NOW THEREFORE, the City Council for the City of Edina, Minnesota hereby resolves as follows: 1. The foregoing findings are adopted as the official findings of the City Council and made a part of the official record. 2. The City has authority to adopt an ordinance granting a cable communications franchise to CenturyLink for the Service Territory. 3. The City may not unreasonably refuse to award a competitive cable communications franchise to CenturyLink. 16 CenturyLink Franchise § 16.1; Comcast Franchise § 16.1. 17 CenturyLink Franchise § 7; Comcast Franchise § 7. 18 621 Order at ¶ 35. 19 CenturyLink Franchise § 2.6. 5 4. The City and its residents will benefit from adoption of the CenturyLink Franchise, which will introduce facilities-based competition into the cable communications market in the Service Territory and thereby reduce costs to consumers and increase the quality and availability of services. 5. CenturyLink is legally, technically, and financially qualified to operate a cable communications system in the Service Territory and has complied with all application requirements. 6. The City has complied with all franchise application requirements imposed by State and federal law, including those identified herein or in the Franchise Report. 7. The terms and conditions of the CenturyLink Franchise pertaining to service area, a PEG access requirement, and franchise fees are not more favorable or less burdensome than the corollary terms of the Comcast Franchise. 8. The CenturyLink Franchise’s initial deployment requirement of 15% within two years and 5-year timeline for substantially completing build-out provides a reasonable period of time for CenturyLink to become capable of reaching full deployment and is therefore consistent with both State and federal law. 9. The Ordinance Granting a Cable Communications Franchise for Qwest Broadband Services, Inc., d/b/a CenturyLink is formally and finally adopted. 10. The City finds and concludes that its actions are appropriate, reasonable, and consistent in all respects with the mandates set forth in Chapter 238 of Minnesota Statutes and applicable provisions of federal law, including 47 U.S.C. § 541(a). PASSED AND ADOPTED in regular session of the City Council of the City of Edina, Minnesota this day of , 201__. Mayor of the City of Edina ATTEST: City Clerk 150 South Fifth Street | Suite 1200 Minneapolis, MN 55402 P:612-877-5000 F:612-877-5999 W:LawMoss.com MEMORANDUM To: Edina City Staff From: Brian T. Grogan Date: December 4, 2015 Re: Free Service to Public Buildings - CenturyLink Franchise We provided CenturyLink with the free service to public buildings list from the Comcast franchise. Pursuant to Section 5.2 of the CenturyLink Franchise (see below), CenturyLink is obligated to provide free service to this same list of public buildings as long as they are a Qualified Living Unit and not currently receiving service from another provider. Please note that the City Hall will receive a free drop pursuant to Section 7.9 of the CenturyLink Franchise so that the City can monitor its government access programming feed. 5.2 Free Cable Service to Public Buildings. (a) As part of its support for PEG use of the System, the Grantee shall provide a free drop to the Subscriber network and free Basic Cable Service and Expanded Basic Cable Service to all of the sites listed on Exhibit A attached hereto, and to such other public institutions as the City may reasonably request from time to time provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Grantee to meet the free service obligation, as determined in City’s sole discretion. (b) The Grantee is only required to provide a single free drop to the Subscriber network, to a single outlet at a point within the location selected by that location. However, the location may extend the drop to multiple outlets and receive free Basic and Expanded Basic Cable Service at each outlet so long as such extension does not result in any violations of applicable leakage standards which the Grantee is obligated to meet. A location that wishes to install multiple outlets may do so itself, or may contract with the Grantee to do so. Grantee shall provide up to three (3) additional Set Top Boxes to each new location free of charge so that the services can be received and individually tuned by each receiver connected to the drop at a location. If an institution physically moves locations, such institution may move existing Set Top Boxes to the new locations with a free drop, and the moved Set Top Box will not count against the three (3) additional Set Top Boxes. Grantee will replace and maintain Set Top Boxes it provides or that it had provided as necessary so that locations may continue to view the free services Grantee is required to provide. Provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Grantee to meet the free service obligation, as determined in City’s sole discretion. Edina City Staff December 4, 2015 Page 2 (c) Outlets of Basic and Expanded Basic Cable Service provided in accordance with this section may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Grantee agrees that if any broadband service is required in order to receive the free service obligation set forth in this section, Grantee will provide such broadband service free of charge for the sole purpose of facilitating the provision of free Cable Service required by this section. Grantee agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to connections or services to public facilities. Emphasis added Attached hereto is CenturyLink’s response as to which public buildings are Qualified Living Units. Please let me know if you have any questions. Enclosure BTG/tlh ~ END OF MEMO ~ EXHIBIT A – FREE CABLE SERVICE TO PUBLIC BUIDLINGS – EDINA NAME QLU ADDRESS CITY TECH SCHOOL,ST PETER Y 5421 FRANCE AVE S EDINA FTTN JUNIOR HIGH,SOUTHVIEW Y 4725 SOUTHVIEW LN MINNEAPOLIS FTTN COMM CENTER,EDINA Y 5701 NORMANDALE RD EDINA FTTN MIDDLE SCHOOL,VALLEY V Y 6750 VALLEY VIEW RD EDINA FTTN HIGH SCHOOL,EDINA Y 6754 VALLEY VIEW RD MINNEAPOLIS FTTN ELEMENTARY,CORNELIA Y 7000 CORNELIA DR EDINA FTTN ELEMENTARY,HIGHLAND Y 5505 DONCASTER WAY EDINA FTTN ELEMENTARY,COUNTRYSIDE Y 5701 BENTON AVE EDINA FTTN LIBRARY, EDINA Y 5280 GRANDVIEW SQ MINNEAPOLIS FTTN FIRE STATION,EDINA Y 6250 TRACY AVE EDINA FTTN ELEMENTARY,NORMANDALE Y 5701 NORMANDALE RD EDINA FTTN SENIOR CENTER,EDINA Y 5280 GRANDVIEW SQ MINNEAPOLIS FTTN GOLF COURSE,FRED RICHARDS Y 7640 PARKLAWN AVE MINNEAPOLIS FTTN CITY HALL,EDINA N 4801 W 50TH ST MINNEAPOLIS CO-IP ELEMENTARY,CONCORD N 5900 CONCORD AVE EDINA FTTN EDINBOROUG PARK,* N 7700 YORK AVE S MINNEAPOLIS CO-IP ELEM,CREEK VALLEY N 6401 GLEASON RD EDINA FTTN LIBRARY,SOUTHDALE N 7001 YORK AVE S EDINA RED GOLF COURSE,BRAEMAR N 6364 JOHN HARRIS DR MINNEAPOLIS FTTN STATION,EDINA FIRE N 7335 YORK AVE S EDINA CO-IP ICE ARENA,BREMER N 7501 IKOLA WAY EDINA FTTN MAINT SHED,BRAEMAR N 7401 Braemar Blvd PUBLIC WORKS,EDINA N 7450 METRO BLVD EDINA CO-IP QLU = Qualified Living Unit N = No Y = Yes 3047026v1 3047027v1 Ordinance No. 2015-26 City of Edina, Minnesota Ordinance Granting a Cable Television Franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink December 3, 2015 Prepared by: BRIAN T. GROGAN, ESQ. Moss & Barnett A Professional Association 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (612) 877-5340 i 3047027v1 TABLE OF CONTENTS SECTION 1 DEFINITIONS ................................................................................................................... 1 SECTION 2 FRANCHISE ...................................................................................................................... 7 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY ............................................. 15 SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM .................................................... 19 SECTION 5 SYSTEM DESIGN AND CAPACITY .......................................................................... 21 SECTION 6 PROGRAMMING AND SERVICES ........................................................................... 25 SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ............................. 26 SECTION 8 REGULATORY PROVISIONS ..................................................................................... 35 SECTION 9 BOND ............................................................................................................................... 37 SECTION 10 SECURITY FUND ........................................................................................................... 37 SECTION 11 DEFAULT ......................................................................................................................... 41 SECTION 12 FORECLOSURE AND RECEIVERSHIP ..................................................................... 43 SECTION 13 REPORTING REQUIREMENTS .................................................................................. 44 SECTION 14 CUSTOMER SERVICE POLICIES ............................................................................... 45 SECTION 15 SUBSCRIBER PRACTICES ........................................................................................... 53 SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS ............................................ 54 SECTION 17 MISCELLANEOUS PROVISIONS .............................................................................. 58 EXHIBIT A FREE CABLE SERVICE TO PUBLIC BUILDINGS ..................................................A-1 EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET .......................................................... B-1 EXHIBIT C INDEMNITY AGREEMENT ....................................................................................... C-1 1 3047027v1 ORDINANCE NO. 2015-26 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK TO OPERATE AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICES IN THE CITY OF EDINA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM AND CABLE SERVICES. RECITALS The City of Edina, Minnesota (“City”) pursuant to applicable federal and state law is authorized to grant one or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. Qwest Broadband Services, Inc., d/b/a CenturyLink (“Grantee”) seeks a competitive cable television franchise with the City. Negotiations between Grantee and the City have been completed in accordance with the guidelines established by the City Code, Minnesota Statutes Chapter 238 and the Cable Act (47 U.S.C. Section 546). The City reviewed the legal, technical and financial qualifications of Grantee and, after a properly noticed public hearing, determined that it is in the best interest of the City and its residents to grant this competitive cable television franchise to Grantee. NOW, THEREFORE, THE CITY OF EDINA DOES ORDAIN that a franchise is hereby granted to Qwest Broadband Services, Inc. to operate and maintain a Cable System and provide Cable Services in the City upon the following terms and conditions: SECTION 1 DEFINITIONS For the purpose of this Franchise, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in applicable local, State or Federal law shall apply. 2 3047027v1 “Access Channels” means any channel or portion of a channel utilized for public, educational or governmental programming. “Affiliate” shall mean any Person controlling, controlled by or under common control of Grantee. “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable to Grantee by any governmental authority of competent jurisdiction. “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast and shall include the public, educational and governmental access channels. Basic Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(3). “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. “Cable Service” shall mean (a) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For the purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by a television broadcast station; and, “other programming service” is information that a cable operator makes available to all Subscribers generally. “Cable System” or “System” shall have the meaning specified for “Cable System” in the Cable Act. Unless otherwise specified, it shall in this document refer to the Cable System utilized by the Grantee in the City under this Franchise. “Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the FCC by regulation. 3 3047027v1 “City” shall mean the City of Edina, a municipal corporation in the State of Minnesota. “City Code” means the Municipal Code of the City of Edina, Minnesota, as may be amended from time to time. “Commission” means the Southwest Suburban Cable Communications Commission consisting of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. “Connection” means the attachment of the Drop to the television set or Set Top Box of the Subscriber. “Council” shall mean the governing body of the City. “Day” unless otherwise specified shall mean a calendar day. “Drop” shall mean the cable that connects the Subscriber terminal to the nearest feeder cable of the cable. “Effective Date” shall mean January 1, 2016. “Expanded Basic Service” means all Subscriber services other than Basic Cable Service provided by the Grantee covered by a regular monthly charge, but not including optional programming offered on a pay-per-channel or pay-per-view basis. “FCC” means the Federal Communications Commission, or a designated representative. “Franchise” shall mean the right granted by this Ordinance and conditioned as set forth herein. “Franchise Area” means the entire geographic area within the City as it is now constituted or may in the future be constituted. “Franchise Fee” shall mean the fee assessed by the City to Grantee, in consideration of Grantee’s right to operate the Cable System within the City’s Streets and rights of way, determined in amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. 4 3047027v1 The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A- E). “GAAP” means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). “Grantee” means Qwest Broadband Services, Inc., d/b/a CenturyLink. “Gross Revenues” means any and all compensation in whatever form, from any source, directly or indirectly earned by Grantee or any Affiliate of Grantee or any other Person who would constitute a cable operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Service within the City. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services including Basic Cable Service, any expanded tiers of Cable Service, optional premium or digital services; pay-per-view services; Pay Services, installation, disconnection, reconnection and change-in-service fees, Leased Access Channel fees, all Cable Service lease payments from the Cable System to provide Cable Services in the City, late fees and administrative fees, payments or other consideration received by Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; revenues from rentals or sales of Set Top Boxes or other Cable System equipment; advertising sales revenues booked in accordance with Applicable Law and GAAP; revenues from program guides and electronic guides, additional outlet fees, Franchise Fees required by this Franchise, revenue from Interactive Services to the extent they are considered Cable Services under Applicable Law; revenue from the sale or carriage of other Cable Services, revenues from home shopping and other revenue-sharing arrangements. Copyright fees or other license fees paid by Grantee shall not be subtracted from Gross Revenues for purposes of calculating Franchise Fees. Gross Revenues shall include revenue received by any entity other than Grantee where necessary to prevent evasion or avoidance of the obligation under this Franchise to pay the Franchise Fees. Gross Revenues shall not include any taxes on services furnished by Grantee, which taxes are imposed directly on a Subscriber or user by a city, county, state or other governmental unit, and collected by Grantee for such entity. The Franchise Fee is not such a tax. Gross Revenues shall not include amounts which cannot be collected by Grantee and are identified as bad debt; provided that if amounts previously representing bad debt are collected, then those amounts shall be included in Gross Revenues for the period in which they are collected. Gross Revenues shall not include 5 3047027v1 payments for PEG Access capital support. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. “Interactive Services” are those services provided to Subscribers whereby the Subscriber either (a) both receives information consisting of either television or other signal and transmits signals generated by the Subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the Subscriber or for any other purpose or (b) transmits signals to any other location for any purpose. “Living Unit” means a distinct address as tracked in the QC network inventory, used by CenturyLink to identify existing or potential Subscribers. This includes, but is not limited to, single family homes, multi-dwelling units (e.g., apartment buildings and condominiums) and business locations. “Minnesota Cable Communications Act” means the provisions of Minnesota law governing the requirements for a cable television franchise as set forth in Minn. Stat. § 238, et. seq., as amended. “Mosaic Channel” means a channel which displays miniaturized media screens and related information for a particular group of Channels with common themes. The Mosaic Channel serves as a navigation tool for Subscribers, which displays the group of Access Channels on a single Channel screen and also provides for easy navigation to a chosen Access Channel. “Normal Business Hours” means those hours during which most similar businesses in City are open to serve customers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. “Normal Operating Conditions” means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 6 3047027v1 “Pay Service” means programming (such as certain on-demand movie channels or pay-per-view programs) offered individually to Subscribers on a per-channel, per- program or per-event basis. “PEG” means public, educational and governmental. “Person” means any natural person and all domestic and foreign corporations, closely-held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. “QC” means Qwest Corporation, wholly owned subsidiary of CenturyLink, Inc. and an Affiliate of Grantee. “Qualified Living Unit” means a Living Unit which meets the minimum technical qualifications defined by Grantee for the provision of Cable Service. A Living Unit receiving a minimum of 25Mbps downstream will generally be capable of receiving Cable Service subject to Grantee performing certain network grooming and conditioning. “Set Top Box” means an electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all signals included in the Basic Cable Service tier delivered at designated converter dial locations. “Street” shall mean the surface of and the space above and below any public Street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, man-holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a Cable System. “Subscriber” means a Person who lawfully receives Cable Service from Grantee. “Wireline MVPD” means a multichannel video programming distributor that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. 7 3047027v1 SECTION 2 FRANCHISE 2.1 Grant of Franchise. (a) The City hereby authorizes Grantee to occupy or use the City’s Streets subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. (b) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliated Entity of the Grantee involved in the offering of Cable Service in the City, or directly involved in the ownership, management or operation of the Cable System in the City, shall also comply with all obligations of this Franchise. However, the City and Grantee acknowledge that QC will be primarily responsible for the construction and installation of the facilities in the Rights-of-Way which will be utilized by Grantee to provide Cable Services. So long as QC does not provide Cable Service to Subscribers in the City, QC will not be subject to the terms and conditions contained in this Franchise. QC’s installation and maintenance of facilities in the Rights-of-Way is governed by applicable local, state and federal law. To the extent Grantee constructs and installs facilities in the Rights-of-Way, such installation will be subject to the terms and conditions contained in this Franchise. Grantee is responsible for all provisions in this Franchise related to: 1) its offering of Cable Services in the City; and 2) the operation of the Cable System regardless of what entity owns or constructs the facilities used to provide the Cable Service. The City and Grantee agree that to the extent QC violates any applicable federal, state, or local laws, rules, and regulations, the City shall first seek compliance directly from QC. In the event the City cannot resolve these violations or disputes with QC, then the City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC’s or any other Affiliate’s compliance 8 3047027v1 with Applicable Laws, rules, and regulations, shall be deemed a material breach of this Franchise by Grantee. 2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between A) the lawful provisions of the City Code or applicable regulations of the City and B) this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in and to the Streets. 2.3 Franchise Term. This Franchise shall be in effect for a term of five (5) years from the date of acceptance by Grantee, unless terminated sooner as hereinafter provided. Six (6) months prior to the expiration of the initial five (5) year term, if City determines that Grantee is in compliance with all other material terms of this Franchise including the build out obligations set forth in this Franchise as required by Applicable Law, the City shall have the unilateral right to extend the Franchise for an additional term of no less than five (5) years and no more than ten (10) years. 2.4 Franchise Area. The Grantee is hereby authorized to provide Cable Services over a Cable System within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. The parties acknowledge that Grantee is not the first entrant into the wireline video market in the City. The Grantee acknowledges that the City desires wireline competition throughout the entire City so all residents may receive the benefits of competitive Cable Services. Grantee aspires to provide Cable Service to all households within the City by the end of the five year (5) term of this Franchise. Grantee agrees that its deployment of Cable Service in the City will be geographically dispersed throughout the City, and shall be made available to diverse residential neighborhoods of the City without discrimination. 9 3047027v1 2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 17.17. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minn. Stat. Section 238.08 and any other applicable federal level playing field requirements. 2.6 Build Out. (a) Initial build out. No later than the second anniversary of the Effective Date of this Franchise, Grantee shall be capable of serving a minimum of fifteen percent (15%) of the City’s households with Cable Service; provided, however, Grantee will make its best efforts to complete such deployment within a shorter period of time. Grantee agrees that this initial minimum build-out commitment shall include a significant number of households below the median income in the City. City shall, upon written request of Grantee, provide detailed maps of such areas. Nothing in this Franchise shall restrict Grantee from serving additional households in the City with Cable Service. (b) Quarterly Meetings. In order to permit the Commission to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, upon demand, promptly make available to the Commission maps and other documentation showing exactly where within the City the Grantee is currently providing Cable Service. Grantee shall meet with the Commission, not less than once quarterly, to demonstrate Grantee’s compliance with the provisions of this section concerning the deployment of Cable Services in the City including, by way of example, the provision of this section in which Grantee commits that a significant portion of its initial investment will be targeted to areas below the median income within the City, and the provisions of this section that prohibit discrimination in the deployment of Cable Services. In order to permit the Commission and the City to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, commencing April 15, 2016, and continuing throughout the term of this Franchise, meet quarterly with the Commission and make available to the Commission the following information: (i) The total number of Living Units throughout the City; 10 3047027v1 (ii) The geographic area within the City where the Grantee is capable of delivering Cable Service through either a FTTH or FTTN method of service delivery which shall include sufficient detail to allow the City to determine the availability of Cable Services at commercially-zoned parcels; (iii) The actual number of Qualified Living Units capable of receiving Cable Service from Grantee through FTTH and FTTN; and (iv) A list of the public buildings and educational institutions capable of receiving Cable Service from the Grantee (see list attached hereto as Exhibit A). (c) Additional build out based on Market Success. If, at any quarterly meeting, including any quarterly meeting prior to the second anniversary of the Effective Date of this Franchise as referenced in Section 2.6(a) herein, Grantee is actually serving twenty seven and one-half percent (27.5%) of the households capable of receiving Cable Service, then Grantee agrees the minimum build-out commitment shall increase to include all of the households then capable of receiving Cable Service plus an additional fifteen (15%) of the total households in the City, which Grantee agrees to serve within two (2) years from the quarterly meeting; provided, however, the Grantee shall make its best efforts to complete such deployment within a shorter period of time. For example, if, at a quarterly meeting with the Commission, Grantee shows that it is capable of serving sixty percent (60%) of the households in the City with Cable Service and is actually serving thirty percent (30%) of those households with Cable Service, then Grantee will agree to serve an additional fifteen percent (15%) of the total households in the City no later than two (2) years after that quarterly meeting (a total of seventy-five percent (75%) of the total households). This additional build-out based on market success shall continue until every household in the City is served. (d) Nondiscrimination. Grantee shall provide Cable Service under non- discriminatory rates and reasonable terms and conditions to all Subscribers who reside in Living Units in any location where the Grantee is capable of providing Cable Service. Grantee shall not arbitrarily refuse to provide Cable Services to any Person or in any location where the Grantee is capable of providing Cable Service. Any Qualified Living Unit should also include Commercially-Zoned Parcels. “Commercially-Zoned Parcels” mean any Street address or municipally identified lot or parcel of real estate with a building. Grantee shall not deny Cable Services to any group of Subscribers or potential residential Subscribers 11 3047027v1 based upon the income level of residents of the local area in which such group resides, nor shall Grantee base decisions about construction or maintenance of its Cable System or facilities based upon the income level of residents of the local area in which such group resides. Grantee shall provide such service at non- discriminatory monthly rates for residential Subscribers, consistent with Applicable Law. Grantee shall not discriminate between or among any individuals in the availability of Cable Service based upon income in accordance and consistent with 47 U.S.C. Section 541(a)(3), or based upon race or ethnicity. (e) Standard Installation. Grantee shall provide Cable Services at its standard installation within seven (7) days of a request by any Person in a Qualified Living Unit. A request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee or receipt by Grantee of a verified verbal or written request. (f) Multiple Dwelling Units. The Grantee shall offer the individual units of a multiple dwelling unit all Cable Services offered to other Dwelling Units in the City. Grantee shall, upon request, individually wire units upon request of the property owner or renter who has been given written authorization by the owner. Such offering is conditioned upon the Grantee having legal access to said unit and any payment (for Grantee’s reasonable costs of internal wiring) as applicable. The City acknowledges that the Grantee cannot control the dissemination of particular Cable Services beyond the point of demarcation at a multiple dwelling unit. 2.7 Periodic Public Review of Franchise. Within sixty (60) Days of the third anniversary of the Effective Date of this Franchise or third annual anniversary of any extension of the Franchise term, the City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in the light of new developments in cable law and regulation, cable technology, cable company performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and other such factors. Both the City and Grantee agree to make a full and good faith effort to participate in the review. So long as Grantee receives reasonable notice, Grantee shall participate in the review process and shall fully cooperate. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 17.6 of this Franchise. 2.8 Transfer of Ownership. 12 3047027v1 (a) No sale, transfer, assignment or “fundamental corporate change”, as defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request with City for its approval, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall have thirty (30) Days from the time of the request to reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse affect on Grantee’s Subscribers resulting from the sale or transfer. Such approval or determination shall be expressed in writing within thirty (30) Days of receipt of said request, or the request shall be deemed approved as a matter of law. (c) If a public hearing is deemed necessary pursuant to (b) above, such hearing shall be commenced within thirty (30) Days of such determination and notice of any such hearing shall be given in accordance with local law or fourteen (14) Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. (d) Within thirty (30) Days after the closing of the public hearing, City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. (e) The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. (f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.8. The term “controlling interest” as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (g) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and 13 3047027v1 assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. (h) In the event of any proposed sale or assignment pursuant to paragraph (a) of this section, City shall have the right of first refusal of any bona fide offer to purchase only the Cable System. Bona fide offer, as used in this section, means an offer received by the Grantee which it intends to accept subject to City’s rights under this section. This written offer must be conveyed to City along with the Grantee’s written acceptance of the offer contingent upon the rights of City provided for in this section. City shall be deemed to have waived its rights under this paragraph (h) in the following circumstances: (i) If it does not indicate to Grantee in writing, within thirty (30) Days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or (ii) It approves the assignment or sale of the Franchise as provided within this section (i) A transfer of the Franchise shall not include a transfer of ownership or other interest in Grantee to the parent of Grantee or to another Affiliate of Grantee; transfer of an interest in the Franchise or the rights held by Grantee under the Franchise to the parent of Grantee or to another Affiliate of Grantee; any action which is the result of a merger of the parent of Grantee; or any action which is the result of a merger of another Affiliate of Grantee. Nothing in this Section 2.8 (i) shall be read to serve as a waiver of Grantee’s obligation to obtain the City’s advance written consent to any proposed transfer that constitutes a change in the “controlling interest” of the Grantee as set forth in 2.8 (f) herein and Minn. Stat. Section 238.083. 2.9 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee’s rights under Section 626 of the Cable Act to: (a) extend the Franchise, though nothing in this provision shall be construed to require such extension; (b) renew the Franchise, in accordance with Applicable Laws; (c) invite additional franchise applications or proposals; (d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or 14 3047027v1 (e) take such other action as the City deems appropriate. 2.10 Right to Require Removal of Property. At the expiration of the term for which the Franchise is granted provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own expense all or any part of the Cable System, used exclusively to provide Cable Service, from all Streets and public ways within the Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. 2.11 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive all available services insofar as their financial and other obligations to Grantee are honored. In the event that Grantee elects to overbuild, rebuild, modify, or sell the system, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, during the lifetime of the Franchise. In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable communications franchise, the current Grantee shall cooperate fully to operate the system in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of service to all Subscribers. 15 3047027v1 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 3.1 Use of Streets. (a) Grantee may, subject to the terms of this Franchise, erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing and subject to Section 2.1(b) herein, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation, those requirements governing the placement of Grantee’s Cable System; and with other applicable City Codes, and will obtain and maintain all permits and bonds required by the City Code in addition to those required in this Franchise. (b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of, the Streets of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the City. (c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. 3.2 Construction or Alteration. Subject to Section 2.1(b) herein, Grantee shall in all cases comply with the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the Cable System. Grantee shall, upon request, provide information to the City regarding its progress in completing or altering the Cable System. 16 3047027v1 3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents. 3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used under Applicable Laws. 3.5 Undergrounding. Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Streets of the City in the following cases: (a) all other existing utilities are required to be placed underground by statute, resolution, policy or other Applicable Law; (b) Grantee is unable to get pole clearance; (c) underground easements are obtained from developers of new residential areas; or (d) utilities are overhead but residents prefer underground (service provided at cost). If an ordinance is passed which involves placing underground certain utilities including Grantee’s cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers’ homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for 17 3047027v1 electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available. 3.6 Maintenance and Restoration. (a) Restoration. In case of disturbance of any Street, public way, paved area or public improvement by Grantee, Grantee shall, at its own cost and expense and in accordance with the requirements of Applicable Law, restore such Street, public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All restoration occurring in private easements or on other private property shall be performed in accordance with the City Code. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses to make restorations as required under this section, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage. (b) Maintenance. Grantee shall maintain all above ground improvements that it places on City right-of-way pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City’s ability to maintain the right-of-way, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision and by its failure property is damaged, Grantee shall be responsible for all damages caused thereby. (c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Public Works and consistent with the City Code and any permit issued by the City. 3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee. 3.8 Relocation. 18 3047027v1 (a) City Property. If, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Street, public way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. (b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party’s facilities, or their more efficient use, or to “make ready” the requesting party’s facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs. (c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45) Days’ advance written notice to Grantee advising Grantee of the date or dates removal or relocation is to be undertaken; provided, that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered. (d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or 19 3047027v1 utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee. (e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Streets along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Streets which has been installed in such a manner that it can be removed without trenching or other opening of the Streets along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the Streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and conduit in the Streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City. (f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen (15) Days’ notice to the cable company to arrange for such temporary wire changes. SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable System has been installed in a Street without complying with the requirements of this Franchise, Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of the Cable System, used only to provide Cable Service, other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a condition as nearly as possible to its prior condition the Street or other public places in the City from which the System has been removed. 20 3047027v1 4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable System, used only to provide Cable Service, City shall have the right to require Grantee to conform to the state right-of-way rules, Minn. Rules, Chapter 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, used only to provide Cable Service, or such part thereof as was designated by City, within thirty (30) days after written notice of City’s demand for removal consistent with Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City’s demand for removal is given, City shall have the right to apply funds secured by the letter of credit and performance bond toward removal and/or declare all right, title, and interest to the Cable System to be in City with all rights of ownership including, but not limited to, the right to operate the Cable System or transfer the Cable System to another for operation by it. 4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City’s demand for removal is given, the City shall have the right to exercise one of the following options: (a) Declare all right, title and interest to the System, used only to provide Cable Service, to be in the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or (b) Declare the System abandoned and cause the System, if used only to provide Cable Service, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in this Franchise or from Grantee directly. (c) Upon termination of service to any Subscriber, Grantee shall promptly remove all its facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment. 21 3047027v1 4.5 System Construction and Equipment Standards. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s Rules and Regulations. 4.6 System Maps and Layout. To the extent not otherwise provided for in Section 2.6(b), Grantee, or an affiliate, shall maintain complete and accurate records, maps and diagrams of the location of all its facilities used to provide Cable Services and the Cable System maintained by QC in the Streets and make them available to the City upon request. SECTION 5 SYSTEM DESIGN AND CAPACITY 5.1 Availability of Signals and Equipment. (a) The Cable System shall have a bandwidth capable of providing the equivalent of a typical 750 MHz Cable System. Recognizing that the City has limited authority under federal law to designate the technical method by which Grantee provides Cable Service, as of the Effective Date of this Franchise, Grantee provides its Cable Service utilizing two (2) different methods. First, using a PON platform, the Grantee provides Cable Service to some Qualified Living Units by connecting fiber directly to the household ("FTTP"). Second, the Grantee provides Cable Service to some Qualified Living Units by deploying fiber further into the neighborhoods and using the existing copper infrastructure to increase broadband speeds ("FTTN"). Generally speaking, when Grantee deploys FTTN, households located within four thousand (4,000) cable feet of a remote terminal shall receive broadband speeds capable of providing Cable Service. In both the FTTP and FTTN footprint, a household receiving a minimum of 25 Mbps downstream will generally be capable of receiving Cable Service after Grantee performs certain network grooming and conditioning. (b) The Grantee shall comply with all FCC regulations regarding carriage of digital and HDTV transmissions. (c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and (b) throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this Franchise, including the exhibits hereto, and in a manner which meets or 22 3047027v1 exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. 5.2 Free Cable Service to Public Buildings. (a) As part of its support for PEG use of the System, the Grantee shall provide a free drop to the Subscriber network and free Basic Cable Service and Expanded Basic Cable Service to all of the sites listed on Exhibit A attached hereto, and to such other public institutions as the City may reasonably request from time to time provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Grantee to meet the free service obligation, as determined in City’s sole discretion. (b) The Grantee is only required to provide a single free drop to the Subscriber network, to a single outlet at a point within the location selected by that location. However, the location may extend the drop to multiple outlets and receive free Basic and Expanded Basic Cable Service at each outlet so long as such extension does not result in any violations of applicable leakage standards which the Grantee is obligated to meet. A location that wishes to install multiple outlets may do so itself, or may contract with the Grantee to do so. Grantee shall provide up to three (3) additional Set Top Boxes to each new location free of charge so that the services can be received and individually tuned by each receiver connected to the drop at a location. If an institution physically moves locations, such institution may move existing Set Top Boxes to the new locations with a free drop, and the moved Set Top Box will not count against the three (3) additional Set Top Boxes. Grantee will replace and maintain Set Top Boxes it provides or that it had provided as necessary so that locations may continue to view the free services Grantee is required to provide. Provided such location is a Qualified Living Unit and not currently receiving service from another provider. However, City may determine to disconnect the other cable provider and require Grantee to meet the free service obligation, as determined in City’s sole discretion. (c) Outlets of Basic and Expanded Basic Cable Service provided in accordance with this section may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Grantee agrees that if any broadband service is required in order to receive the free service obligation set 23 3047027v1 forth in this section, Grantee will provide such broadband service free of charge for the sole purpose of facilitating the provision of free Cable Service required by this section. Grantee agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to connections or services to public facilities. 5.3 System Specifications. (a) System Maintenance. In all its construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this Franchise. (b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System (EAS) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a local plan containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee’s obligations beyond that which is required by the EAS Plan and Applicable Law. (c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center. Grantee shall maintain standby power system supplies, rated at least at two (2) hours’ duration, throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the applicable technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System. 24 3047027v1 5.4 Performance Testing. Grantee shall perform all applicable system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests shall include, at a minimum: (a) Initial proof of performance for any construction; (b) Semi-annual compliance tests; (c) Tests in response to Subscriber complaints; (d) Tests requested by the City to demonstrate franchise compliance; and (e) Written records of all system test results performed by or for Grantee shall be maintained, and shall be available for City inspection upon request. 5.5 Special Testing. (a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to participate in such 25 3047027v1 testing by having an engineer of City’s choosing, and at City’s expense, observe and monitor said testing. SECTION 6 PROGRAMMING AND SERVICES 6.1 Categories of Programming Service. Grantee shall provide video programming services in at least the following broad categories: Local Broadcast (subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming Public, Educational and Governmental Access Programming (to the extent required by the Franchise) Movies Leased Access 6.2 Changes in Programming Services. Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the City’s consent. Further, Grantee shall provide at least thirty (30) Days’ prior written notice to Subscribers and to the City of Grantee’s request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes. 6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make available for sale or lease a parental control or lockout device that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device at the time of original subscription and annually thereafter. 6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests. 26 3047027v1 6.5 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City, the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Wireline MVPD franchised to provide multichannel video programming. 6.6 Line Extension. Grantee shall not have a line extension obligation until the first date by which Grantee is providing Cable Service to more than fifty percent (50%) of all Subscribers receiving facilities based Cable Service from both the Grantee and any other provider(s) of Cable Service within the City. At that time, the City, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe to complete deployment to the remaining households in the City, including a density requirement that is the same or similar to the requirement of the incumbent franchised cable operator. 6.7 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 7.1 Number of PEG Access Channels. Within one hundred eighty (180) days of the Effective Date, Grantee will make available three (3) PEG Access Channels. 7.2 Digital and High Definition PEG Carriage Requirements. While the parties recognize that while the primary signals of local broadcast stations are simulcast in standard definition (“SD”) and high definition (“HD”) formats, the Grantee’s obligation with respect to carriage of PEG in HD and SD formats shall be as follows: (a) Grantee agrees to carry all PEG Access Channels in HD provided the entity originating the signal provides the Grantee an HD signal. Further, Grantee will downconvert any such signal to an SD format so that Subscribers who choose not to subscribe to an HD package may receive said signal in an SD format. (b) Grantee is not required to convert a signal delivered in a lower quality format to a higher quality format. The City shall have no obligation to provide a signal to the Grantee in a HD format. 27 3047027v1 (c) All PEG Access Channels must be receivable by Subscribers without special expense in addition to the expense paid to receive commercial services the Subscriber receives. City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD- capable digital device/receiver), but any Subscriber who can view an HD signal delivered via the Cable System at a receiver shall also be able to view the HD Access Channels at that receiver, without additional charges or equipment. By agreeing to make PEG available in HD format, Grantee is not agreeing to provide free HD equipment to Subscribers including complimentary municipal and educational accounts, or to modify its equipment or pricing policies in any manner. City acknowledges that not every Subscriber may be able to view HD PEG programming (for example, because they do not have an HDTV in their home or have chosen not to take an HD-capable receiving device from Grantee or other equipment provider) or on every television in the home. (d) The Grantee, upon request of the City, will provide technical assistance or diagnostic services to determine whether or not the problem with the PEG signals is the result of matters for which the Grantee is responsible, and if so the Grantee will take prompt corrective actions. (e) The Grantee will provide any PEG Access Channels on the Basic Cable Service tier throughout the life of the Franchise, or if there is no Basic Cable Service tier, shall provide the PEG Access Channels to any Person who subscribes to any level of cable video programming service, and otherwise in accordance with Applicable Laws. To the extent technically feasible, Grantee shall, upon request from the City, provide City with quarterly viewership numbers for each of the PEG Access Channels carried on Grantee’s Cable System. (f) Grantee shall facilitate carriage of PEG Access Channel program listings on its interactive programming guide, at no cost to the City provided that the City shall hold Grantee harmless should the City or PEG providers fail to provide correct or timely information to the interactive guide programmers. (g) If Channels are selected through menu systems, the PEG Access Channels shall be displayed in the same manner as other Channels, and with equivalent information regarding the programming on the Channel. To the extent that any menu system is controlled by a third party, Grantee shall ensure that the Grantee will provide PEG listings on that menu system, if it is provided with the programming information by the City. 28 3047027v1 7.3 Control of PEG Channels. The control and administration of the Access Channels shall rest with the City and the City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City’s sole discretion. 7.4 Transmission of Access Channels. Access Channels may be used for transmission of non-video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities. 7.5 Access Channel Locations. (a) Grantee shall provide the City’s government access channel in both HD and SD. The government access channel will be located on Channel 236 and shall at all times be located in the Channel neighborhood offering news/public affairs programming on Grantee’s Cable System channel lineup. The government access channel shall have video and audio signal strength, signal quality, and functionality equivalent to the highest quality broadcast and commercial cable/satellite Channels carried by the Grantee on its Cable System. (i) Grantee shall carry the remaining public and educational Channels (PE Channels) on Channel 26 in its Channel lineup as a means to provide ease of access by Subscribers to the group of PE Channels placed consecutively on Channel numbers significantly higher in the Channel lineup. This use of one (1) Channel to access the group of PE Channels required under this Franchise shall be referred to as a “Mosaic Channel.” The Mosaic Channel shall display the group of PE Channels on a single Channel screen and serve as a navigation tool for Subscribers. The Mosaic Channel shall allow Subscribers to navigate directly from Channel 26 to any of the PE Channels requested in a single operation without any intermediate steps to a chosen PE Channel in the group. (ii) Grantee shall use Channel 26 as a Mosaic Channel to access the PE Channels required under this Franchise. The group of consecutive PE channels residing at higher Channel numbers will retain Channel names and identity for marketing purposes, unless approved by the City. Grantee shall not include any other programming or Channels on the Commission’s PE Mosaic Channel unless the City provides advance written consent. 29 3047027v1 (iii) When using the Mosaic Channel, Subscribers shall be directed to the requested PE Channel in an HD format if appropriate to the Subscriber’s level of service; otherwise, the Subscriber shall be directed to the SD PE Channel. The Mosaic Channel mechanism shall allow Subscribers to navigate directly from Channel 26 to the requested Commission Access Channels which shall be located on Channel numbers 8110 (educational access) and 8111 (public access). (iv) Grantee shall consult with the City (or City’s designee) to determine the PE Channel information displayed on the Mosaic Channel. However, the information shall have video and audio signal strength, signal quality, and functionality equivalent to the highest quality broadcast and commercial cable/satellite channels carried by the Grantee on its Cable System in a Mosaic format. (v) The Mosaic Channel assigned for use by the City shall be used to navigate to the group of City PE Channels and will be placed near other PEG Mosaic Channels (vi) If through technology changes or innovation in the future, the Grantee discontinues the use of Mosaic presentations, then Grantee shall provide the PE Channels to Subscribers at equivalent visual and audio quality and equivalent functionality as Grantee delivers the highest quality broadcast stations and highest quality commercial cable/satellite channels on its Cable System with no degradation. (b) The Grantee shall not charge for use of the PEG Access Channels, equipment, facilities or services. (c) In no event shall any Access Channel reallocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee’s reasonable control. The Access Channels will be located within reasonable proximity to other commercial video or broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. (d) Grantee agrees not to encrypt the Access Channels differently than other commercial Channels available on the Cable System. (e) In conjunction with any occurrence of any Access Channel(s) relocation, as may be permitted by this Franchise, Grantee shall provide a minimum of Nine Thousand Dollars ($9,000) of in-kind air time per event on 30 3047027v1 advertiser supported Channels (e.g. USA, TNT, TBS, Discovery Channel, or other comparable Channels) for the purpose of airing City’s, or its designees’, pre- produced thirty (30) second announcement explaining the change in location, or if Grantee does not have air time capabilities a mutually agreed equivalent shall be provided. 7.6 Navigation to Access Channels. Grantee agrees that if it utilizes a visual interface under its control on its Cable System for all Channels, the Access Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to Access Channels. This shall not be construed to require Grantee to pay any third party fees that may result from this obligation. 7.7 Ownership of Access Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user – whether an individual, educational or governmental user – acquires no property or other interest by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law. 7.8 Noncommercial Use of PEG. Permitted noncommercial uses of the Access Channels shall include by way of example and not limitation: (1) the identification of financial supporters similar to what is provided on public broadcasting stations; or (2) the solicitation of financial support for the provision of PEG programming by the City or third party users for charitable, educational or governmental purposes; or (3) programming offered by accredited, non-profit, educational institutions which may, for example, offer telecourses over a Access Channel. 7.9 Dedicated Fiber Return Lines. (a) Grantee shall provide and maintain, free of charge with no transport costs or other fees or costs imposed, a direct fiber connection and necessary equipment to transmit PEG programming from the City Hall control room racks to the Grantee headend (“PEG Origination Connection”). (b) In addition to the PEG Origination Connection, the Grantee shall, free of charge, construct a direct connection and necessary equipment to the programming origination site located at Edina City Hall where PEG programming is originated by the Commission. 31 3047027v1 (c) Grantee shall at all times provide and maintain, free of charge, a drop to the Cable System, required Set-Top Box and free Basic Cable Service and Expanded Basic Service to the City Hall and the location from which PEG programming is originated (currently the playback facility at the Edina City Hall), to allow these facilities to view (live) the downstream PEG programming Channels on Grantee’s Cable System so they can monitor the PEG signals and make certain that PEG programming is being properly received (picture and sound) by Subscribers. 7.10 Interconnection. To the extent technically feasible and permitted under Applicable Laws, Grantee will allow necessary interconnection with any newly constructed City and school fiber for noncommercial programming to be promoted and administered by the City as allowed under Applicable Laws and at no additional cost to the City or schools. This may be accomplished through a patch panel or other similar facility and each party will be responsible for the fiber on their respective sides of the demarcation point. Grantee reserves its right to review on a case-by-case basis the technical feasibility of the proposed interconnection. Based on this review Grantee may condition the interconnection on the reasonable reimbursement of Grantee’s incremental costs, with no markup for profit, to recoup Grantee’s construction costs only. In no event will Grantee impose any type of recurring fee for said interconnection. 7.11 Ancillary Equipment. Any ancillary equipment operated by Grantee for the benefit of PEG Access Channels on Grantee’s fiber paths or Cable System, whether referred to switchers, routers or other equipment, will be maintained by Grantee, at no cost to the City or schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its side of the demarcation point and the City or school is responsible for all other production/playback equipment. 7.12 Future Fiber Return Lines for PEG. At such time that the City determines: (a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated) which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in paragraph 10); or (b) that the City desires to establish or change a location from which PEG programming is originated; or (c) that the City desires to upgrade the Connection to Grantee from an existing signal point of origination, 32 3047027v1 the City will give Grantee written notice detailing the point of origination and the capability sought by the City. Grantee agrees to submit a cost estimate to implement the City’s plan within a reasonable period of time but not later than September 1st in the year preceding the request for any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate will be on a time and materials basis with no additional markup. After an agreement to reimburse Grantee for Grantee’s out of pocket time and material costs, Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said return fiber. 7.13 Access Channel Carriage. (a) Any and all costs associated with any modification of the Access Channels or signals after the Access Channels/signals leave the City’s designated playback facilities, or any designated playback center authorized by the City shall be borne entirely by Grantee. Grantee shall not cause any programming to override PEG programming on any Access Channel, except by oral or written permission from the City, with the exception of emergency alert signals. (b) The City may request and Grantee shall provide an additional Access Channel when the cumulative time on all the existing Access Channels combined meets the following standard: whenever one of the Access Channels in use during eighty percent (80%) of the weekdays, Monday through Friday, for eighty percent (80%) of the time during a consecutive three (3) hour period for six (6) weeks running, and there is a demand for use of an additional Channel for the same purpose, the Grantee has six (6) months in which to provide a new, Access Channel for the same purpose; provided that, the provision of the additional Channel or Channels does not require the Cable System to install Converters. (c) The VHF spectrum shall be used for one (1) of the public, educational, or governmental specially designated Access Channels. (d) Subject to the terms of this Franchise, the City or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use. (e) The Grantee shall monitor the Access Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of Access Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The 33 3047027v1 City, or its designee, shall be responsible for the production and quality of all PEG access programming. Grantee shall carry all components of the standard definition of Access Channel including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. 7.14 Access Channel Support. (a) Upon the Effective Date of this Franchise, Grantee shall collect and remit to the City Sixty cents (60¢) per Subscriber per month in support of PEG capital (“PEG Fee”). (b) On August 1, 2017, the City, at its discretion, and upon ninety (90) Days advance written notice to Grantee, may require Grantee to increase the PEG Fee to Sixty-five cents (65¢) per Subscriber per month for the remaining term of the Franchise. The PEG Fee shall be used by City in its sole discretion to fund PEG access capital expenditures. In no event shall the PEG Fee be assessed in an amount different from that imposed upon the incumbent cable provider. In the event the incumbent cable provider agrees to a higher or lower PEG Fee, Grantee will increase or decrease its PEG Fee upon ninety (90) Days written notice from the City. (c) The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 16.1 of the Franchise. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to remit the PEG Fee. (d) Any PEG Fee amounts owing pursuant to this Franchise which remain unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate published by the Wall Street Journal on the Day the payment was due plus two percent (2%), whichever is greater. 7.15 PEG Technical Quality. (a) Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel Signal delivered to Grantee, but Grantee shall not implement a change in the method of delivery of Access 34 3047027v1 Channels that results in a material degradation of signal quality or impairment of viewer reception of Access Channels, provided that this requirement shall not prohibit Grantee from implementing new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering Access Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in an Access Channels signal from the point of origination upstream to the point of reception downstream on the Cable System. (b) Within twenty-four (24) hours of a written request from City to the Grantee identifying a technical problem with a Access Channel and requesting assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. 7.16 Access Channel Promotion. Grantee shall allow the City to print and mail a post card for promoting a designated entity’s service or generally promoting community programming to households in the City subscribing to Grantee’s Cable Service at a cost to the City not to exceed Grantee’s out of pocket cost, no less frequently than twice per year, or at such time as a Access Channel is moved or relocated, upon the written request of the City. The post card shall be designed by the City and shall conform to the Grantee’s standards and policies for size and weight. Any post card denigrating the Grantee, its service or its programming is not permitted. The City agrees to pay Grantee in advance for the actual cost of such post card. 7.17 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels, Grantee shall, at its own expense and free of charge to City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise. 7.18 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee’s cost so that all the functions and capacity remain 35 3047027v1 available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 7.19 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by the State of Minnesota. 7.20 Government Access Channel Functionality. Grantee agrees to provide the capability such that the City, from its City Hall, can switch its government Access Channel in the following ways: (a) Insert live Council meetings from City Hall; (b) Replay government access programming from City Hall; and (c) Transmit character generated programming. (d) Schedule for Grantee to replay City-provided tapes in pre-arranged time slot on the government Access Channel; and (e) Switch to other available programming where the City has legal authority. 7.21 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minn. Stat. 238.084. SECTION 8 REGULATORY PROVISIONS. 8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise up to the full extent permitted by Applicable Law. 8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its regulatory authority wholly or in part to agents of the City, including, but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. This may include but shall not be limited to the Commission or other entity as City may determine in its sole discretion. Any existing delegation in place at the time of the grant of this Franchise shall remain intact unless expressly modified by City. 36 3047027v1 8.3 Areas of Administrative Authority. In addition to any other regulatory authority granted to the City by law or franchise, the City shall have administrative authority in the following areas: (a) Administering and enforcing the provisions of this Franchise, including the adoption of administrative rules and regulations to carry out this responsibility. (b) Coordinating the operation of Access Channels. (c) Formulating and recommending long-range cable communications policy for the Franchise Area. (d) Disbursing and utilizing Franchise revenues paid to the City. (e) Administering the regulation of rates, to the extent permitted by Applicable Law. (f) All other regulatory authority permitted under Applicable Law. The City or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee’s operations under the Franchise to the extent allowed by Applicable Law. 8.4 Regulation of Rates and Charges. (a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement. (b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days’ notice of any intended modifications or additions to Subscriber rates or charges. Nothing in this Subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users. (c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or (except as 37 3047027v1 allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1) discounted rates and charges for providing Cable Service to low-income, handicapped, or low-income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package discount pricing. SECTION 9 BOND. 9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by City and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City or any, public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. The City shall provide Grantee reasonable advanced notice of not less than ten (10) Days prior to any draw by the City on the performance bond required under this Section 9. 9.2 Rights. The rights reserved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. 9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond. SECTION 10 SECURITY FUND 10.1 Security Fund. If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful performance by Grantee of all of the provisions of this Franchise, 38 3047027v1 a letter of credit from a financial institution satisfactory to the City in the amount of Twenty Thousand and No/100 Dollars ($20,000.00). In no event shall Grantee fail to post a Twenty Thousand and No/100 Dollar ($20,000.00) letter of credit within thirty (30) days receipt of a notice of franchise violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a separate material violation of this Franchise, unless the breach is cured within such thirty (30) Day period or longer period allowed under the Franchise. The letter of credit shall serve as a common security fund for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon the resolution of the alleged noncompliance. The obligation to establish the security fund required by this paragraph is unconditional. The fund must be established in those circumstances where Grantee disputes the allegation that it is not in compliance, and maintained for the duration of the dispute. If Grantee fails to establish the security fund as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs, reasonable attorneys’ fees, and an additional penalty of Two Thousand Dollars ($2,000) in that action. 10.2 Withdrawal of Funds. Provision shall be made to permit the City to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. 10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to 10.4 of this section, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount. 10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the security fund the following liquidated damages: (a) For failure to provide data, documents, reports or information or to cooperate with City during an application process or System review, the liquidated damage shall be One Hundred Dollars ($100.00) per Day for each Day, or part thereof, such failure occurs or continues. 39 3047027v1 (b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4, the liquidated damage shall be One Hundred Fifty Dollars ($150.00) per Day for each Day, or part thereof, such failure occurs or continues. (c) For failure to test, analyze and report on the performance of the System following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure occurs or continues. (d) Forty-five Days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Two Hundred Dollars ($200.00) per Day for each Day, or part thereof, such failure occurs or continues. (e) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the Access Channels the liquidated damage shall be One Hundred Fifty ($150.00) per Day for each Day, or part thereof, such failure occurs or continues. 10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. 10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of one hundred twenty (120) Days. If after that amount of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies. 10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) Days notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then withdraw such funds from the security fund. Payments are not Franchise Fees as defined in Section 16 of this Franchise. 10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in 40 3047027v1 reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the security fund. Grantee may, within ten (10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. (a) City shall hear Grantee’s dispute at the next regularly scheduled or specially scheduled Council meeting. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty (30) Days within which to remedy the violation before the City may require payment of all liquidated damages due it. 10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to collect the alleged violation is of such a nature or character as to require more than thirty (30) Days within which to perform provided Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 10.10 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City, the City may resort to a draw from the security fund in accordance with the terms of this Section 10 of the Franchise. 10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the City in so performing and paying. The failure to so replace any security fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the security fund by City, and use of the money so obtained for payment or performance of the obligations, duties 41 3047027v1 and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages that remedy shall remain the City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6. SECTION 11 DEFAULT 11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its sole discretion, determines that Grantee has: (a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise; (b) Attempted to evade any provision of this Franchise or the acceptance hereof; (c) Practiced any fraud or deceit upon City or Subscribers; or (d) Made a material misrepresentation of fact in the application for or negotiation of this Franchise. 11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the giving of such notice (or if such default is of such a character as to require more than thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the governing body of City at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed: (a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty (30) Days subsequent to receipt of the notice in which to correct the default. 42 3047027v1 (b) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise. (c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty (30) Days provided no opportunity for compliance need be granted for fraud or misrepresentation. 11.3 Mediation. If the Grantee and City are unable to resolve a dispute through informal negotiations during the period of thirty (30) Days following the submission of the claim giving rise to the dispute by one (1) party to the other, then unless that claim has been waived as provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in accordance with the rules of the American Arbitration Association currently in effect at the time of the mediation. A party seeking mediation shall file a request for mediation with the other party to the Franchise and with the American Arbitration Association. The request may be made simultaneously with the filing of a complaint, but, in such event, mediation shall proceed in advance of legal proceedings only if the other party agrees to participate in mediation. Mutually agreed upon Mediation shall stay other enforcement remedies of the parties for a period of ninety (90) days from the date of filing, unless stayed for a longer period by agreement of the Grantee and City. The Grantee and City shall each pay one-half of the mediator’s fee and any filing fees. The mediation shall be held in the City unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the franchise enforcement process set forth in Section 10 of this Franchise. 11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee’s conduct. 11.5 Compliance with the Laws. (a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this 43 3047027v1 Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective. (b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. SECTION 12 FORECLOSURE AND RECEIVERSHIP 12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) Days, or unless: (a) Within one hundred twenty (120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and, 44 3047027v1 (b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. SECTION 13 REPORTING REQUIREMENTS 13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report showing the basis for computation of such fees prepared by an officer, or designee of Grantee showing the basis for the computation of the Franchise Fees paid during that period in a form and substance substantially equivalent to Exhibit B attached hereto. This report shall separately indicate revenues received by Grantee within the City including, but not limited to such items as listed in the definition of “Gross Revenues” at Section 1 of this Franchise. 13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year, Grantee shall provide a written report of any and all applicable FCC technical performance tests for the residential network required in FCC Rules and Regulations as now or hereinafter constituted. In addition, Grantee shall provide City with copies of reports of the semi-annual test and compliance procedures applicable to Grantee and established by this Franchise no later than thirty (30) Days after the completion of each series of tests. 13.3 Reports. Upon request of the City and in no event later than thirty (30) Days from the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the City, at the times and in the form prescribed that Grantee is technically capable of producing, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise. 13.4 Communications with Regulatory Agencies. (a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications and documents of any kind, submitted by Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other government bodies if such documents directly 45 3047027v1 relate to the operations of Grantee ‘s Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty (30) Days after receipt of City’s request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating Grantee ‘s Cable System within the Franchise Area, Grantee shall make such documents available to City upon City’s written request. (b) In addition, Grantee and its Affiliates shall within ten (10) Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not. SECTION 14 CUSTOMER SERVICE POLICIES 14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service, repair, installation and information from Subscribers. Grantee acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. 14.2 Definition of “Complaint.” For the purposes of Section 14, with the exception of Subsection 14.5, a “complaint” shall mean any communication to Grantee or to the City by a Subscriber or a Person who has requested Cable Service; a Person expressing dissatisfaction with any service, performance, or lack thereof, by Grantee under the obligations of this Franchise. 14.3 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following information: (a) Services to be provided and rates for such services. (b) Billing procedures. (c) Service termination procedure. 46 3047027v1 (d) Change in service notifications. (e) Liability specifications. (f) Set Top Boxes/Subscriber terminal equipment policy. (g) How complaints are handled including Grantee’s procedure for investigation and resolution of Subscriber complaints. (h) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. (i) A copy of the written information shall be provided to each Subscriber at the time of initial Connection and any subsequent reconnection. 14.4 Reporting Complaints. (a) The requirements of this Section 14.4 shall be subject to federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for City inspection. Subscriber data shall include the date, name, address, telephone number of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The data shall be maintained in a way that allows for simplified access of the data by the City. (b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time, provide City with such Subscriber data for its review. 14.5 Customer Service Standards. The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC’s rules and regulations, as amended. Grantee shall, upon request, which request shall include the reason for the request (such as complaints received or other reasonable evidence of concern), provide City with information which shall describe in detail Grantee’s compliance with each and every term and provision of this Section 14.5. Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. To the extent that this Franchise imposes requirements greater than those established by the FCC, Grantee reserves whatever rights it may have to recover the costs associated with compliance in any manner consistent with Applicable Law. 47 3047027v1 14.6 Local Office. During the term of the Franchise the Grantee shall comply with one of the following requirements: (a) Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this Franchise. (b) Grantee shall maintain convenient local Subscriber service and bill payment locations for the purpose of receiving Subscriber payments or equipment returns. Unless otherwise requested by the Subscriber, Grantee shall deliver replacement equipment directly to the Subscriber at no cost to the Subscriber. The Grantee shall maintain a business office or offices for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, billings disputes and similar matters. The office must be reachable by a local, toll-free telephone call, and Grantee shall provide the City with the name, address and telephone number of an office that will act as the Grantee’s agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. At a minimum Grantee shall also provide the following: (i) Subscribers can remit payments at multiple third party commercial locations within the City (such as grocery stores or the Western Union). (ii) Grantee will provide a service technician to any Qualified Living Unit in the City, free of charge to the Subscriber, where necessary to install, replace or troubleshoot equipment issues. (iii) Subscribers shall be able to return and receive equipment, free of charge, via national overnight courier service (such as Fed Ex or UPS) if a service technician is not required to visit the Subscriber’s Qualified Living Unit. (iv) In the event Grantee provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers in the City served by cable operators franchised by the City, the Grantee shall then be required to also comply with the requirements of Section 14.6 (a) above. 48 3047027v1 14.7 Cable System office hours and telephone availability. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a Day, seven (7) Days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business Day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (d) Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. (e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. 14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: (a) Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those to a Qualified Living Unit. (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on “Service Interruptions” promptly and in no event later than 49 3047027v1 twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business Day after notification of the Service problem. (c) The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) (d) Grantee may not cancel an appointment with a customer after the close of business on the business Day prior to the scheduled appointment. (e) If Grantee’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 14.9 Communications between Grantee and Subscribers. (a) Refunds. Refund checks will be issued promptly, but no later than either: (i) The customer’s next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. (b) Credits. Credits for Cable Service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. 14.10 Billing. (a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 50 3047027v1 (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days. 14.11 Subscriber Information. Grantee will provide written information on each of the following areas at the time of Installation of Service, at least annually to all Subscribers, and at any time upon request: (a) Products and Services offered; (b) Prices and options for programming services and conditions of subscription to programming and other services; (c) Installation and Service maintenance policies; (d) Instructions on how to use the Cable Service; (e) Channel positions of programming carried on the System; and (f) Billing and complaint procedures, including the address and telephone number of the City’s cable office. Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the change is within the control of Grantee. In addition, Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the information required by this Section 14.11. 14.12 Notice or Rate Programming Change. In addition to the requirement of this Section 14.12 regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Grantee shall give thirty (30) Days written notice to both Subscribers and the City before implementing any rate or Service change. If required by Applicable Law, such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. 51 3047027v1 14.13 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. 14.14 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty (30) Days. 14.15 Late Fees. Grantee shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally permissible. 14.16 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or Commission of the City. 14.17 Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (A) is not misleading and (B) does not omit material information. Notwithstanding anything to the contrary in Section 14.10, above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). 14.18 Failure to Resolve Complaints. Grantee must investigate and act upon any service complaint promptly and in no event later than twenty-four (24) hours after the problem becomes known. Grantee must address, and if feasible, resolve service complaints within three (3) calendar days. 14.19 Maintain a Complaint Phone Line. Grantee shall maintain a local or toll- free telephone Subscriber complaint line, available to its Subscribers twenty-four (24) hours per Day, seven (7) Days a week. 52 3047027v1 14.20 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.3, the twenty-four (24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, where possible Grantee shall state that complaints should be made to Grantee prior to contacting the City. 14.21 Subscriber Privacy. (a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following: No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (b) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee’s business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 53 3047027v1 (c) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this section. 14.22 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 15 SUBSCRIBER PRACTICES 15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided, however, that such disconnection shall not be effected until after the later of: (i) forty-five (45) Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s Cable Service. 15.2 Refunds to Subscribers shall be made or determined in the following manner: (a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee’s responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability. (b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. 54 3047027v1 (c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the number of days as a basis, shall be refunded to the Subscriber by Grantee. SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS. 16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay to the City a Franchise Fee of five percent (5%) of Gross Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. (a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following the end of a given quarter. In accordance with Section 16 of this Franchise, Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit B, signed by an authorized representative of Grantee, which identifies Gross Revenues earned by Grantee during the period for which payment is made. No acceptance of any payment shall be construed as an accord that the amount paid is in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section. (b) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law. (c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) Days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 55 3047027v1 (d) In no event shall the Grantee be required to pay a Franchise Fee percentage in excess of that paid by incumbent cable provider. 16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City, upon reasonable prior written notice of not less than twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than thirty (30) Days after the notice unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City access to any of the Grantee’s records on the basis that the Grantee’s records are under the control of any parent corporation, Affiliated entity or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee. 16.3 Review of Record Keeping Methodology. Grantee agrees to meet with representative of the City upon request to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records related to the Franchise. 16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees paid to the City. Grantee shall cooperate 56 3047027v1 fully in the conduct of such audit and shall produce all necessary records related to the provision of Cable Services regardless of which corporate entity controls such records. In the event it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more than was due the City, then Grantee shall reimburse the City for the entire reasonable cost of the audit within thirty (30) days of the completion and acceptance of the audit by the City. 16.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise. 16.6 Indemnification by Grantee. (a) Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of. or alleged to arise out of any claim for damages for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees. (b) Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in a form acceptable to the City attached hereto as Exhibit C, which shall indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs 57 3047027v1 and reasonable attorneys’ fees or reasonable expenses arising out of the actions of the City in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City that the terms and conditions of this Franchise are less burdensome than another franchise granted by the City or that this Franchise does not satisfy the requirements of Applicable Law(s). 16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the state of Minnesota with a rating by A.M. Best & Co. of not less than “A-” that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee’s vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000). The liability policy shall include: (a) The policy shall provide coverage on an “occurrence” basis. (b) The policy shall cover personal injury as well as bodily injury. (c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier’s standard endorsement as to bodily injuries, personal injuries and property damage. (d) Broad form property damage liability shall be afforded. (e) City shall be named as an additional insured on the policy. (f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee’s operations under this Franchise and that no other insurance maintained by the Grantor will be called upon to contribute to a loss under this coverage. (g) Standard form of cross-liability shall be afforded. (h) An endorsement stating that the policy shall not be canceled without thirty (30) Days notice of such cancellation given to City 58 3047027v1 (i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City will be no greater than the increase in the State of Minnesota Consumer Price Index (all consumers) for such three (3) year period. (j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee’s insurance coverage. SECTION 17 MISCELLANEOUS PROVISIONS. 17.1 Posting and Publication. Grantee shall assume the cost of posting and publication of this Franchise as such posting and publication is required by law and such is payable upon Grantee’s filing of acceptance of this Franchise. 17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a five (5) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee. 17.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and is intended to comply with all requirements set forth therein. 17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 59 3047027v1 17.5 Franchise Acceptance. No later than forty-five (45) Days following City Council approval of this Franchise, Grantee shall execute and return to the City three (3) original franchise agreements. The executed agreements shall be returned to the City accompanied by performance bonds, and evidence of insurance, all as provided in this Franchise. The City’s “Notice of Intent to Consider an Application for a Franchise” (“Notice”) provided, consistent with Minn. Stat. 238.081 subd. 8, that applicants would be required to reimburse the City for all necessary costs of processing a cable communications franchise. Grantee submitted an application fee with its application to the City. The Notice further provided that any unused portion of the application fee would be returned and any additional fees required to process the application and franchise, beyond the application fee, would be assessed to the successful applicant. The Grantee shall therefore submit to the City at the time of acceptance of this Franchise, a check made payable to the City of Edina, Minnesota for all additional fees and costs incurred by the City. Within thirty (30) days of City Council approval, the City shall provide Grantee with a letter specifying such additional costs following approval of this Franchise by the City Council. In the event Grantee fails to accept this Franchise, or fails to provide the required documents and payments, this Franchise shall be null and void. The Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on the Effective Date. 17.6 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 2.7 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City’s exercise of its police powers. 17.7 Notice. Any notification that requires a response or action from a party to this Franchise, within a specific time-frame or would trigger a timeline that would affect one or both parties’ rights under this Franchise, shall be made in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: To the City: City Manager, City of Edina 4801 West 50th Street Edina, MN 55424 60 3047027v1 Courtesy Copy to: Southwest Suburban Cable Commission c/o Moss & Barnett (BTG) 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 To the Grantee: CenturyLink Attn: Public Policy 1801 California Street, 10th Floor Denver, Colorado 80202 Courtesy Copy to: Qwest Broadband Services, Inc. Attn: Public Policy 200 South Fifth Street, 21st Floor Minneapolis, MN 55402 Recognizing the widespread usage and acceptance of electronic forms of communication, emails will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above. 17.8 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 17.9 Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee’s behalf are familiar with the requirements of this 61 3047027v1 Franchise, the City Code and other Applicable Laws governing the work performed by them. 17.10 Abandonment of System. Grantee may not abandon the System or any portion thereof used exclusively for Cable Services, without having first given three (3) months written notice to City and conforming to the City Code, as well as the state right-of-way rules, Minn. Rules, Chapter 7819. To the extent required by Minn. Stat. §238.084 Subd. 1 (w), Grantee shall compensate City for damages resulting from the abandonment. 17.11 Removal After Abandonment. In the event of Grantee’s abandonment of the System used exclusively for Cable Services, City shall have the right to require Grantee to conform to the City Code, as well as the state right-of-way rules, Minn. Rules, Chapter 7819. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) Days after written notice of City’s demand for removal consistent with City Code and Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City’s demand for removal is given City shall have the right to apply funds secured by the performance bond toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 17.12 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the State. 17.13 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. 17.14 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 17.15 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday that 62 3047027v1 Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 17.16 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Streets for the purpose of providing Cable Service. However, Grantee’s obligations to the City (other than the obligation to provide service to Subscribers) shall survive according to their terms. 17.17 Competitive Equity. If any other Wireline MVPD enters into any agreement with the City to provide multi channel video programming or its equivalent to residents in the City, the City, upon written request of the Grantee, shall permit the Grantee to construct and/or operate its Cable System and provide multi channel video programming or its equivalent to Subscribers in the City under the same agreement as applicable to the new MVPD. Within one hundred twenty (120) Days after the Grantee submits a written request to the City, the Grantee and the City shall enter into an agreement or other appropriate authorization (if necessary) containing the same terms and conditions as are applicable to the new Wireline MVPD. Passed and adopted this _____ day of _________201__. ATTEST CITY OF EDINA, MINNESOTA By: By: Its: City Clerk Its: Mayor ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK Date: By: Its: 63 3047027v1 SWORN TO BEFORE ME this ___ day of ___________, 201__. NOTARY PUBLIC A-1 3047027v1 Exhibit A Free Cable Service to Public Buildings 1. SCHOOL,ST PETER 5421 FRANCE AVE S 2. JUNIOR HIGH,SOUTHVIEW 4725 S VIEW LN 3. CITY HALL,EDINA 4801 W 50TH ST 4. COMM CENTER,EDINA 5701 NORMANDALE RD 5. ELEMENTARY,CONCORD 5900 CONCORD AVE 6. EDINBOROUG PARK,* 7700 YORK AVE S 7. ELEM,CREEK VALLEY 6401 GLEASON RD 8. MIDDLE SCHOOL,VALLEY V 6750 VALLEY VIEW RD 9. HIGH SCHOOL,EDINA 6754 VALLEY VIEW RD 10. ELEMENTARY,CORNELIA 7000 CORNELIA DR 11. LIBRARY,SOUTHDALE 7001 YORK AVE S 12. ELEMENTARY,HIGHLAND 5505 DONCASTER WAY 13. ELEMENTARY,COUNTRYSIDE 5701 BENTON AVE 14. GOLF COURSE,BRAEMAR 6364 JOHN HARRIS DR STE 2 15. STATION,EDINA FIRE 7335 YORK AVE S 16. ICE ARENA,BREMER 7501 IKOLA WAY 17. MAINT SHED,BRAEMAR 7401 BRAEMAR BLVD 18. LIBRARY, EDINA 5280 GRANDVIEW SQ 19. FIRE STATION,EDINA 6250 TRACY AVE 20. PUBLIC WORKS,EDINA 7450 METRO BLVD 21. ELEMENTARY,NORMANDALE 5701 NORMANDALE RD 22. SENIOR CENTER,EDINA 5280 GRANDVIEW SQ 23. GOLF COURSE,FRED RICHARDS 7640 PARKLAWN AVE C-1 3047027v1 Exhibit B Franchise Fee Payment Worksheet TRADE SECRET – CONFIDENTIAL Month/Year Month/Year Month/Year Total A la Carte Video Services Audio Services Basic Cable Service Installation Charge Bulk Revenue Expanded Basic Cable Service Pay Service Pay-per-view Guide Revenue Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Digital Services Inside Wiring Other Revenue Equipment Rental Processing Fees PEG Fee FCC Fees Bad Debt Late Fees REVENUE Fee Calculated Fee Factor: 5% C-1 3047027v1 Exhibit C Indemnity Agreement INDEMNITY AGREEMENT made this ____ day of _____________________, 201__, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called “CenturyLink,” and the City of Edina, a Minnesota Municipal Corporation, party of the second part, hereinafter called “City.” WITNESSETH: WHEREAS, the City of Edina has awarded to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the City of Edina; and WHEREAS, the City has required, as a condition of its award of a cable communications franchise, that it be indemnified with respect to all claims and actions arising from the award of said franchise, NOW THEREFORE, in consideration of the foregoing promises and the mutual promises contained in this agreement and in consideration of entering into a cable television franchise agreement and other good and valuable consideration, receipt of which is hereby acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify, defend and hold harmless the City, its officers, boards, commissions, employees and agents against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense (including, but not limited to, court and appeal costs and reasonable attorneys’ fees and disbursements assumed or incurred by the City in connection therewith) arising out of the actions of the City in granting a franchise to CenturyLink. This includes any claims by another franchised cable operator against the City that the terms and conditions of the CenturyLink franchise are less burdensome than another franchise granted by the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The indemnification provided for herein shall not extend or apply to any acts of the City constituting a violation or breach by the City of the contractual provisions of the franchise ordinance, unless such acts are the result of a change in applicable law, the order of a court or administrative agency, or are caused by the acts of CenturyLink. The City shall give CenturyLink reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by this agreement. The City shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The City may participate in the defense of a claim, but if CenturyLink provides a defense at CenturyLink’s expense then CenturyLink shall not be liable for any attorneys’ fees, expenses or other costs that City may incur if it C-2 3047027v1 chooses to participate in the defense of a claim, unless and until separate representation is required. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota Rules of Professional Conduct, between the City and the counsel selected by CenturyLink to represent the City, CenturyLink shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. Provided, however, that in the event that such separate representation is or becomes necessary, and City desires to hire counsel or any other outside experts or consultants and desires CenturyLink to pay those expenses, then City shall be required to obtain CenturyLink’s consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the parties agree that the City may utilize at any time, at its own cost and expense, its own City Attorney or outside counsel with respect to any claim brought by another franchised cable operator as described in this agreement. The provisions of this agreement shall not be construed to constitute an amendment of the cable communications franchise ordinance or any portion thereof, but shall be in addition to and independent of any other similar provisions contained in the cable communications franchise ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not be dependent or conditioned upon the validity of the cable communications franchise ordinance or the validity of any of the procedures or agreements involved in the award or acceptance of the franchise, but shall be and remain a binding obligation of the parties hereto even if the cable communications franchise ordinance or the grant of the franchise is declared null and void in a legal or administrative proceeding. It is the purpose of this agreement to provide maximum indemnification to City under the terms set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of the City by CenturyLink. This agreement shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their successor's and assigns, if any. QWEST BROADBAND SERVICES, INC. Dated: , 201__ By: Its: STATE OF LOUISIANA ) ) SS C-3 3047027v1 ) The foregoing instrument was acknowledged before me this day of 201__, by , the of Qwest Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation. Notary Public Commission Expires CITY OF EDINA, MINNESOTA By Its CenturyLink Competitive Cable Franchise Public Hearing - City of Edina, MN December 15, 2015 1 Federal Cable Act One of the stated purposes of the Cable Act is to: “promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems.” See 47 U.S.C. § 521 (6) – emphasis added 2 Federal Cable Act A franchising authority may award one or more franchises within its jurisdiction: “except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise.” See 47 U.S.C. § 541 (a)(1) - emphasis added - codified in the Cable Act as Section 621 3 Franchise Negotiations CenturyLink (CTL) Franchise negotiations Commission/City Goal •Substantially the same franchise terms for CTL as currently in place for Comcast. •CTL provided markup of Comcast franchise to City ‒June 18, 2015 •Commission and CTL held face-to-face negotiations ‒July through September •Final franchise terms – October •Commission unanimously approved CTL model franchise October 28, 2015 CTL Franchise terms are very similar to Comcast franchise 4 QBSI v. QC Qwest Broadband Services, Inc. •DBA CenturyLink (CTL) •Content provider •Sells and provides “Cable Service” Qwest Corporation •Owns the facilities in the ROW •Owns, maintains the “Cable System” QBSI to ensure QC compliance •See Section 28-1-5 5 Franchise Term 5 year franchise term City has unilateral right to •5 year extension of term ‒If triggered – 10 year term ‒Comcast =10 year term granted in 2015 Term tied to system build out •Allows the City to consider whether Cable System “substantially constructed” ‒During initial 5 year term ‒If not, franchise may be terminated 6 Living Units Franchise references “Living Units” •Households = Living units ‒a distinct address in the QC network •single family homes •multi-dwelling units apartment buildings and condominiums •business locations •Qualified Living Units ‒meets minimum technical qualifications ‒Generally a minimum of 25 Mbps downstream 7 System Build Out CTL authorized to provide cable service •Throughout entire City •Within 2 years CTL will serve minimum of ‒15% of Living Units in City •A significant portion of CTL investment ‒will be targeted to US Census areas with the highest percentage of households below the City’s median household income. ‒Nondiscrimination mandate Market success requirement •27.5% of the households capable of receiving Cable Service •Additional fifteen (15%) requirement Quarterly meetings •Verify compliance with build obligations •Confidential Maps provided by CTL 8 System Build Out •Quarterly meeting – Example: CTL shows If CTL is capable of serving 60% of households Actually serving 30% of those households •CTL will agree to serve an 15% of the total households in the City •No later than 2 years after quarterly meeting •Under above Example A total of 75% of the total households •This additional build-out based on market success continues until every household in the City is served 9 Mosaic Channel Displays miniaturized media screens •Related information For PEG channels •Navigation tool for subscribers ‒Displays PEG Channels on a single channel ‒Navigation to a higher channel numbers CTL will provide all metro PEG channels •To every Member City cable subscriber ‒Over 150 PEG channels 10 Mosaic Channel Public and Educational Channels •Mosaic Channel #26 Select Channel # 8110 - educational Select Channel # 8111 - public Government channel •Each member city has its own channel# Edina Channel # 236 11 12 PEG Channels CTL direct connection to Edina City Hall HD and SD for all PEG channels •Based on subscriber equipment in home PEG fee of $.60 per subscriber •Matches Comcast •City has right to increase PEG fee •Same increase applicable to both operators 13 Free Service to Public Buildings CTL to provide free service •Basic and expanded basic service ‒Up to 3 set-top boxes •Buildings must be Qualified Living Units •CTL won’t duplicate Comcast served buildings ‒City can mandate change from Comcast to CTL 14 Indemnification CTL to indemnify the City •Same indemnification obligations as Comcast •Added agreement to indemnify City ‒If Comcast challenges City franchise award to CTL 15 Recommendation Southwest Commission recommends grant of cable franchise to CenturyLink •Commission Resolution 2015-1 16 17 Brian T. Grogan, Esq. Moss & Barnett, A Professional Association 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (612) 877-5340 phone / (612) 877-5031 facsimile E-mail: Brian.Grogan@lawmoss.com Web site: www.lawmoss.com Questions Date: December 15, 2015 Agenda Item #: VI.B. To:Mayor and City Council Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Public Hearing: Consider Vacation of Public Right-of- Way, 3460 & 3501 Galleria - Continue To January 20, 2016 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Continue this item until January 20, 2016. INTRODUCTION: The property owner has requested that an existing easement be vacated. Since the initial application, the owner has requested that the Public Hearing be continued to provide additional time to design alternative locations for the easement. ATTACHMENTS: Description Staff Report December 15, 2015 Mayor and City Council Bill Neuendorf, Economic Development Manager 3501-3510 Galleria - Request to Vacate Easement Information / Background: The owner of the Edina Galleria has requested that the City Council consider vacating an existing easement that is located on the property. New easements would be created elsewhere on the property to accommodate pedestrians and bicyclists. Although the Public Hearing for this request has been scheduled for December 15th, 2015, the owner/applicant has contacted staff and requested that this Public Hearing be continued until January 20th, 2016. This continuance will allow the applicant to finalize the location and design of the new easements. Date: December 15, 2015 Agenda Item #: VIII.A. To:Mayor and City Council Item Type: Report / Recommendation From:Eric Roggeman, Finance Director Item Activity: Subject:Resolution No. 2015-121: Setting 2016 Tax Levy and Adopting 2016 Operating Budget Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2015-121 Setting 2016 Tax Levy and Adopting 2016 Operating Budget. INTRODUCTION: The City started the 2016-2017 Budget development process early in the year. Department heads finalized their budget requests in May, taking into consideration the 2016-2017 City-Wide work plan themes that were initially developed by the City Council at a February retreat. City Manager Scott Neal introduced the proposed City-Wide Work Plan and Budget to the City Council at a July work session. The City Council reviewed the proposed Budget at an August work session, and on September 1, 2015 the City staff and City Manager Scott Neal recommended a preliminary levy for taxes payable in 2016 based on the input received throughout the year. City Council adopted the recommended preliminary levy, which would increase the total of all levies by $2,099,113 or 7.07%. Staff recommends the preliminary levy be approved as final by adopting the attached Resolution No. 2015-121 at the December 15, 2015 Council meeting. ATTACHMENTS: Description Staff Report: Resolution 2015-121 Setting 2016 Tax Levy and Adopting 2016 Operating Budget Updated 2016 levy options Alternative Resolution 2015-121 Setting 2016 Tax Levy and Adopting 2016 Operating Budget for Option B1 December 15, 2015 Mayor and Council Eric Roggeman, Finance Director Resolution No. 2015-121: Setting 2016 Tax Levy and Adopting 2016 Operating Budget Information / Background: The City started the 2016-2017 Budget development process early in 2015. The rationale behind a two- year budget is to spend more time in the first year working on the budget, and the second year spending more time on the Capital Improvement Plan (CIP) and less time making changes to the operating budget. The City followed that plan in 2015, with the focus being the 2016-2017 operating budgets. Important dates for the 2016-2017 Budget process were:  May 15, 2015, Department Heads finalize 2016-2017 budget requests.  July 8, 2015, City’s Executive Leadership Team (ELT) reviews the 2016-2017 draft budget.  July 21, 2015, Council work session to introduce City Manager Scott Neal’s proposed 2016-2017 City Wide Work Plan and Budget  August 18, 2015, Council work session to review proposed 2016-2017 Budgets.  September 1, 2015, Council adopts a formal resolution to set the 2016 preliminary levy and budget.  November 4, 2015, Council work session to review final proposed 2016-2017 Budgets and Work Plans.  December 1, 2015, Public Hearing on the 2016 operating budget and levy.  December 15, 2015, Council adopts a final levy and budget resolution for 2016 that staff will use to certify taxes to the County Auditor. The City is required to certify our final property tax levy to the County Auditor by December 28, 2015. The final levy may be less than or equal to, but not higher than the preliminary levy. STAFF REPORT Page 2 The attached Resolution No. 2015-121 will set the final 2016 tax levies of $25,023,952 for the General Fund, $20,000 for the Arts and Culture Fund, $1,680,000 for the Construction Fund to be used for equipment replacement, $946,000 for city hall debt (levy through 2020), $385,901 for gymnasium debt (levy through 2025), $443,000 for fire station debt (levy through 2027), $1,561,000 for public works facility debt (levy through 2029), and $1,167,620 for sports dome project debt (levy through 2034). The total market value based referendum levy would be set at $571,650 for park referendum debt service (levy through 2016). These 2016 tax levies are equal to the preliminary levies set by the City Council on September 1, 2015. The County used these tax levies to calculate and mail parcel-specific notices to property owners. The attached resolution reflects the 2016 budget and levies presented for the December 1, 2015 Truth in Taxation hearing. Staff has prepared an updates to the December 1 presentation based on feedback received and new developments. The feedback staff received on December 1 was to include estimated levies for 2017-2021. A new development was that staff received good news about the future of park maintenance fees at Edinborough and Centennial Lakes Park that means it is less likely the City will have to levy in the future to replace this revenue. Levies previously estimated for this purpose have been removed. The updated budget options for Council to consider are:  Option A2 Staff Recommendation: 7.07% levy increase for 2016 with estimates for 2017-2021. The Council can approve this option by adopting the attached Resolution 2015-121.  Option B1: 6.12% levy increase for 2016 with permanent General Fund service cuts equivalent to $180K in expenditures, permanent fee increases equivalent to $30K in revenue, and one-time shifts of $70K. The Council can approve this option by adopting an alternative resolution and directing staff to prepare a full budget with expenditure reductions based on the reduced levy. The Council will likely want to adopt a budget amendment resolution in early 2016 so that the budget will be balanced, with revenues equaling expenditures. According to MN State Statute 412.731, statutory Plan B city budget amendments require a 4/5 majority vote. Staff continue to recommend the first option, approve the September 1 preliminary budget as proposed. STAFF REPORT Page 3 RESOLUTION NO. 2015-121 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF EDINA FOR THE YEAR 2016, AND ESTABLISHING TAX LEVY FOR YEAR 2016, PAYABLE IN 2016 THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS FOLLOWS: Section 1: The Budgets for all Governmental Funds for the City of Edina for the calendar year 2016 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: Braemar Arts & Debt Environmental General HRA PACS CAS CDBG Police SR Memorial Culture Service Efficiency Construction Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Total REVENUES AND OTHER FINANCING SOURCES Property tax levy 25,023,952$ -$ -$ -$ -$ -$ -$ 20,000$ 5,075,171$ -$ 1,680,000$ 31,799,123$ Reductions - - - - - - - - - - - - Net tax revenue 25,023,952 - - - - - - 20,000 5,075,171 - 1,680,000 31,799,123 Tax increments - 2,500,000 - - - - - - - - - 2,500,000 Franchise fees & other taxes 810,000 - 1,200,000 200,000 - - - - - - 105,000 2,315,000 Special assessments - - - - - - - - - - 4,127,890 4,127,890 Licenses and permits 4,023,160 - - - - - - - - - 90,000 4,113,160 Intergovernmental 1,191,550 - - - 125,000 36,000 - - - - 3,090,000 4,442,550 Charges for services 3,940,310 50,000 - - - - - - - - 35,000 4,025,310 Fines and forfeitures 975,000 - - - - - - - - - - 975,000 Investment income 120,000 77,000 - - - 300 200 - 10,000 - 70,000 277,500 Other revenue 477,900 - - - - 134,061 5,000 4,850 - - 100,000 721,811 Transfers 100,000 - - - - - - - 2,630,628 - 200,000 2,930,628 Debt issued - - - - - - - - - - 3,852,396 3,852,396 Other financing sources - - - - - - - - - - - - TOTAL REVENUES AND OTHER FINANCING SOURCES 36,661,872 2,627,000 1,200,000 200,000 125,000 170,361 5,200 24,850 7,715,799 - 13,350,286 62,080,368 EXPENDITURES AND OTHER FINANCING USES - BY DEPARTMENT Administration 1,896,810 4,780,835 - - - - - - - - 25,000 6,702,645 Communication & tech. 1,104,618 - - - - - - - - - 749,129 1,853,747 Human resources 790,345 - - - - - - - - - - 790,345 Finance 833,624 - - - - - - - - - 50,000 883,624 Public works 8,926,600 - - - - - - - - 104,000 1,251,836 10,282,436 Engineering 1,585,209 - 1,252,566 153,126 - - - - - - 8,251,528 11,242,429 Police 11,045,546 - - - - 174,000 - - - - 732,650 11,952,196 Fire 7,457,253 - - - - - - - - - 695,000 8,152,253 Parks & recreation 1,374,922 - - - - - - 22,425 - - 323,100 1,720,447 Community development 1,646,945 - - - 125,000 - - - - - - 1,771,945 Debt service - - - - - - - - 7,552,545 - - 7,552,545 Transfers - - - - - - - - - - 2,630,628 2,630,628 TOTAL EXPENDITURES AND OTHER FINANCING USES 36,661,872 4,780,835 1,252,566 153,126 125,000 174,000 - 22,425 7,552,545 104,000 14,708,871 65,535,240 EXPENDITURES AND OTHER FINANCING USES - BY TYPE Personal services 25,797,378 123,970 112,566 103,126 - - - - - - 102,803 26,239,843 Contractual services 4,858,026 655,865 20,000 35,000 125,000 104,000 - 20,400 - - 214,760 6,033,051 Commodities 2,082,840 1,000 20,000 15,000 - 15,000 - 2,025 - - 26,149 2,162,014 Central services 3,923,628 - - - - - - - - - 1,968 3,925,596 Equipment - - - - - 55,000 - - - - 2,058,177 2,113,177 Capital outlay - 4,000,000 1,100,000 - - - - - - 104,000 9,674,386 14,878,386 Debt service - - - - - - - - 7,552,545 - - 7,552,545 Transfers - - - - - - - - - - 2,630,628 2,630,628 TOTAL EXPENDITURES AND OTHER FINANCING USES 36,661,872 4,780,835 1,252,566 153,126 125,000 174,000 - 22,425 7,552,545 104,000 14,708,871 65,535,240 CHANGE IN FUND BALANCE -$ (2,153,835)$ (52,566)$ 46,874$ -$ (3,639)$ 5,200$ 2,425$ 163,254$ (104,000)$ (1,358,585)$ (3,454,872)$ 2016 GOVERNMENTAL FUND BUDGETS STAFF REPORT Page 4 Section 2: The Budgets for all Enterprise Funds for the City of Edina for the calendar year 2016 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: Aquatic Golf Sports Art Risk Utilities Liquor Center Course Arena Dome Center Edinborough Centennial Management Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Total REVENUES AND TRANSFERS IN Operating revenues 19,704,773$ 12,414,257$ 975,477$ 2,955,168$ 2,230,250$ 396,310$ 453,350$ 1,350,800$ 779,000$ 731,508$ 41,990,893$ Intergovernmental 297,000 - - - - - - - - - 297,000 Investment income 74,237 - 7,000 8,000 2,000 3,000 2,000 14,000 3,000 - 113,237 Other revenue 10,000 10,000 - - - - 1,500 - - - 21,500 Transfers - - - 150,000 200,000 - 100,000 - 50,000 - 500,000 TOTAL REVENUES AND TRANSFERS IN 20,086,010 12,424,257 982,477 3,113,168 2,432,250 399,310 556,850 1,364,800 832,000 731,508 42,922,630 EXPENSES AND TRANSFERS OUT - BY DEPARTMENT Administration - 11,762,118 - - - - - - - - 11,762,118 Human resources - - - - - - - - - 665,000 665,000 Finance 298,393 - - - - - - - - - 298,393 Public works 14,783,880 - - - - - - - - - 14,783,880 Engineering 239,096 - - - - - - - - - 239,096 Police 496,970 - - - - - - - - - 496,970 Parks and recreation - - 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 - 10,829,288 Transfers 100,000 700,000 - - - - - - - - 800,000 TOTAL EXPENSES AND TRANSFERS OUT 15,918,339 12,462,118 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 665,000 39,874,745 EXPENSES AND TRANSFERS OUT - BY TYPE COGS - 9,326,730 42,000 185,599 105,500 - 2,750 85,000 14,000 - 9,761,579 Personal services 2,055,038 1,492,365 331,305 1,356,923 871,133 58,272 439,729 774,962 635,066 60,000 8,074,793 Contractual services 7,312,068 517,906 179,200 490,794 729,950 148,180 106,350 352,250 183,925 605,000 10,625,623 Commodities 1,065,750 74,009 89,150 313,990 104,250 3,277 71,250 169,800 135,800 - 2,027,276 Central services 682,320 256,608 33,228 130,404 68,676 11,712 40,368 68,940 60,696 - 1,352,952 Depreciation 4,227,000 94,500 241,500 640,000 600,000 500,000 24,000 171,750 40,000 - 6,538,750 Interest 476,163 - 2,023 84,404 131,182 - - - - - 693,772 Transfers 100,000 700,000 - - - - - - - - 800,000 TOTAL EXPENSES AND TRANSFERS OUT 15,918,339 12,462,118 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 665,000 39,874,745 CHANGE IN NET POSITION 4,167,671$ (37,861)$ 64,071$ (88,946)$ (178,441)$ (322,131)$ (127,597)$ (257,902)$ (237,487)$ 66,508$ 3,047,885$ 2016 ENTERPRISE FUND BUDGETS STAFF REPORT Page 5 Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amounts hereinafter set forth: GENERAL FUND $ 25,023,952 ARTS & CULTURE FUND $ 20,000 CONSTRUCTION FUND –EQUIPMENT LEVY $ 1,680,000LEVY FOR PAYMENT OF CIP BONDS – SERIES 2010A (City Hall) $ 946,000 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS - SERIES 2015A (Gym) $ 385,901 LEVY FOR PAYMENT OF CIP BONDS - SERIES 2007A (Fire) $ 443,000 LEVY FOR PAYMENT OF PUBLIC WORKS FACILITY DEBT $ 1,561,000LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS – SERIES 2014 (Sports Dome) $ 1,167,620 TOTAL TAX CAPACITY LEVY $ 31,227,473 Section 6. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount below for the debt levy of the market value based referendum levy and canceling the portion of the levy not required to produce the following amount: GO PARK AND RECREATION BONDS SERIES 1996B/2005A/2014B $ 571,650 Passed and adopted by the City Council on December 15, 2015. ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 15, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 20___. _________________________________ City Clerk 2015 2016 2017 2018 2019 2020 2021 Option A2 (preliminary levy for 2016 with estimates for 2017 and beyond similar to Option E) General Operating Levy 22,933,958$ 25,023,952$ 26,360,319$ 27,680,000$ 29,060,000$ 30,510,000$ 32,040,000$ Arts and Culture 20,000 20,000 20,000 20,000 20,000 20,000 20,000 City Hall Debt Service 944,400 946,000 946,000 950,000 952,000 952,000 - Gymnasium Debt Service 409,440 385,901 388,000 420,000 424,000 422,000 424,000 Fire Station Debt Service 441,940 443,000 443,000 441,000 445,000 443,000 440,000 Public Works Facility Debt Service 1,546,600 1,561,000 1,696,000 1,694,000 1,695,000 1,688,000 1,695,000 Park Bond Market Value Levy 618,600 571,650 - - - - - Sports Dome 1,168,000 1,167,620 1,162,500 1,168,700 1,168,900 1,163,300 1,163,300 Weber Woods - - 400,000 400,000 400,000 Grandview Community Center Capital - - 2,400,000 2,400,000 Fred Richards, Weber Woods & Braemar Park Capital - 1,200,000 1,200,000 1,200,000 Deferred Street Maintenance - - 200,000 210,000 220,000 230,000 CIP Levy - - 100,000 200,000 300,000 400,000 500,000 Centennial Reserve Replacement - - 200,000 210,000 220,000 230,000 Equipment Levy 1,617,072 1,680,000 1,750,000 1,840,000 1,930,000 2,030,000 2,130,000 HRA Operating Levy - - 95,000 98,800 102,800 106,900 111,200 Total Property Tax Levy 29,700,010$ 31,799,123$ 33,360,819$ 35,312,500$ 38,117,700$ 41,775,200$ 42,583,500$ Increase From Prior Year (%)7.07% 4.91% 5.85% 7.94% 9.60% 1.93% Major levy drivers by year: 2016 No funding for new FT staff and GIS improvements as requested by staff. 2017 Convert debt retirement in 2017 into Weber Woods purchase with interfund loan over 3 years Create new CIP levy of $100K and increase by $100K/year after 2017 2018 Increased funding to address deferred street maintenance Levy to replace Centennial Lakes annual use of reserves 2019 Fred Richards, Weber Woods & Braemar Park capital costs 2020 Grandview Community Center capital costs Assumptions: Many estimates here, including 5% annual General Fund expenditure increases. These projections do not include contingencies for unexpected negative budget impacts, like decreases in liquor or building permit revenue. Actual costs will depend on project timing, scope, other funding, financing costs, etc. Future levies, nontax revenues and expenditures may also be impacted by future state legislative decisions. Examples include levy limits or unfunded mandates. 2015 2016 2017 2018 2019 2020 2021 Option B1 (2016 levy target = 6.12% with estimates for 2017 and beyond similar to Option E) General Operating Levy 22,933,958$ 24,743,952$ 26,150,319$ 27,460,000$ 28,830,000$ 30,270,000$ 31,780,000$ Arts and Culture 20,000 20,000 20,000 20,000 20,000 20,000 20,000 City Hall Debt Service 944,400 946,000 946,000 950,000 952,000 952,000 - Gymnasium Debt Service 409,440 385,901 388,000 420,000 424,000 422,000 424,000 Fire Station Debt Service 441,940 443,000 443,000 441,000 445,000 443,000 440,000 Public Works Facility Debt Service 1,546,600 1,561,000 1,696,000 1,694,000 1,695,000 1,688,000 1,695,000 Park Bond Market Value Levy 618,600 571,650 - - - - - Sports Dome 1,168,000 1,167,620 1,162,500 1,168,700 1,168,900 1,163,300 1,163,300 Weber Woods - - 400,000 400,000 400,000 Grandview Community Center Cap - - 2,400,000 2,400,000 Fred Richards, Weber Woods & Bra - - 1,200,000 1,200,000 1,200,000 Deferred Street Maintenance - - 200,000 210,000 220,000 230,000 CIP Levy - - 100,000 200,000 300,000 400,000 500,000 Centennial Reserve Replacement - - 200,000 210,000 220,000 230,000 Equipment Levy 1,617,072 1,680,000 1,750,000 1,840,000 1,930,000 2,030,000 2,130,000 HRA Operating Levy - - 95,000 98,800 102,800 106,900 111,200 Total Property Tax Levy 29,700,010$ 31,519,123$ 33,150,819$ 35,092,500$ 37,887,700$ 41,535,200$ 42,323,500$ 6.12% 5.18% 5.86% 7.97% 9.63% 1.90% Major levy drivers by year: 2016 No funding for new FT staff and GIS improvements as requested by staff. Permanent General Fund service cuts equivalent to $180,000 in expenditures. Permanent increase in Park & Rec program fees equivalent to $30,000 in revenues. One-year vacancy placement savings assumed to be $40,000. Return to normal practices in 2017. One-year use of $30,000 in General Fund reserves. Return to normal practices in 2017. 2017 Convert debt retirement in 2017 into Weber Woods purchase with interfund loan over 3 years Create new CIP levy of $100K and increase by $100K/year after 2017 2018 Increased funding to address deferred street maintenance Levy to replace Centennial Lakes annual use of reserves 2019 Fred Richards, Weber Woods & Braemar Park capital costs 2020 Grandview Community Center capital costs Assumptions: Many estimates here, including 5% annual General Fund expenditure increases. These projections do not include contingencies for unexpected negative budget impacts, like decreases in liquor or building permit revenue. Actual costs will depend on project timing, scope, other funding, financing costs, etc. Future levies, nontax revenues and expenditures may also be impacted by future state legislative decisions. Examples include levy limits or unfunded mandates. RESOLUTION NO. 2015-121 RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF EDINA FOR THE YEAR 2016, AND ESTABLISHING TAX LEVY FOR YEAR 2016, PAYABLE IN 2016 THE CITY COUNCIL OF THE CITY OF EDINA MINNESOTA DOES RESOLVE AS FOLLOWS: Section 1: The Budgets for all Governmental Funds for the City of Edina for the calendar year 2016 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: Braemar Arts & Debt Environmental General HRA PACS CAS CDBG Police SR Memorial Culture Service Efficiency Construction Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Total REVENUES AND OTHER FINANCING SOURCES Property tax levy 24,743,952$ -$ -$ -$ -$ -$ -$ 20,000$ 5,075,171$ -$ 1,680,000$ 31,519,123$ Reductions - - - - - - - - - - - - Net tax revenue 24,743,952 - - - - - - 20,000 5,075,171 - 1,680,000 31,519,123 Tax increments - 2,500,000 - - - - - - - - - 2,500,000 Franchise fees & other taxes 810,000 - 1,200,000 200,000 - - - - - - 105,000 2,315,000 Special assessments - - - - - - - - - - 4,127,890 4,127,890 Licenses and permits 4,023,160 - - - - - - - - - 90,000 4,113,160 Intergovernmental 1,191,550 - - - 125,000 36,000 - - - - 3,090,000 4,442,550 Charges for services 3,970,310 50,000 - - - - - - - - 35,000 4,055,310 Fines and forfeitures 975,000 - - - - - - - - - - 975,000 Investment income 120,000 77,000 - - - 300 200 - 10,000 - 70,000 277,500 Other revenue 477,900 - - - - 134,061 5,000 4,850 - - 100,000 721,811 Transfers 100,000 - - - - - - - 2,630,628 - 200,000 2,930,628 Debt issued - - - - - - - - - - 3,852,396 3,852,396 Use of reserves 30,000 30,000 Other financing sources - - - - - - - - - - - - TOTAL REVENUES AND OTHER FINANCING SOURCES 36,441,872 2,627,000 1,200,000 200,000 125,000 170,361 5,200 24,850 7,715,799 - 13,350,286 61,860,368 EXPENDITURES AND OTHER FINANCING USES - BY DEPARTMENT Administration 1,896,810 4,780,835 - - - - - - - - 25,000 6,702,645 Communication & tech. 1,104,618 - - - - - - - - - 749,129 1,853,747 Human resources 790,345 - - - - - - - - - - 790,345 Finance 833,624 - - - - - - - - - 50,000 883,624 Public works 8,926,600 - - - - - - - - 104,000 1,251,836 10,282,436 Engineering 1,585,209 - 1,252,566 153,126 - - - - - - 8,251,528 11,242,429 Police 11,045,546 - - - - 174,000 - - - - 732,650 11,952,196 Fire 7,457,253 - - - - - - - - - 695,000 8,152,253 Parks & recreation 1,374,922 - - - - - - 22,425 - - 323,100 1,720,447 Community development 1,646,945 - - - 125,000 - - - - - - 1,771,945 Debt service - - - - - - - - 7,552,545 - - 7,552,545 Expenditure cuts (220,000) (220,000) Transfers - - - - - - - - - - 2,630,628 2,630,628 TOTAL EXPENDITURES AND OTHER FINANCING USES 36,441,872 4,780,835 1,252,566 153,126 125,000 174,000 - 22,425 7,552,545 104,000 14,708,871 65,315,240 EXPENDITURES AND OTHER FINANCING USES - BY TYPE Personal services 25,797,378 123,970 112,566 103,126 - - - - - - 102,803 26,239,843 Contractual services 4,858,026 655,865 20,000 35,000 125,000 104,000 - 20,400 - - 214,760 6,033,051 Commodities 2,082,840 1,000 20,000 15,000 - 15,000 - 2,025 - - 26,149 2,162,014 Central services 3,923,628 - - - - - - - - - 1,968 3,925,596 Equipment - - - - - 55,000 - - - - 2,058,177 2,113,177 Capital outlay - 4,000,000 1,100,000 - - - - - - 104,000 9,674,386 14,878,386 Debt service - - - - - - - - 7,552,545 - - 7,552,545 Expenditure cuts (220,000) (220,000) Transfers - - - - - - - - - - 2,630,628 2,630,628 TOTAL EXPENDITURES AND OTHER FINANCING USES 36,441,872 4,780,835 1,252,566 153,126 125,000 174,000 - 22,425 7,552,545 104,000 14,708,871 65,315,240 CHANGE IN FUND BALANCE -$ (2,153,835)$ (52,566)$ 46,874$ -$ (3,639)$ 5,200$ 2,425$ 163,254$ (104,000)$ (1,358,585)$ (3,454,872)$ 2016 GOVERNMENTAL FUND BUDGETS Section 2: The Budgets for all Enterprise Funds for the City of Edina for the calendar year 2016 is hereby adopted as after this set forth, and funds are hereby appropriated therefore: Aquatic Golf Sports Art Risk Utilities Liquor Center Course Arena Dome Center Edinborough Centennial Management Fund Fund Fund Fund Fund Fund Fund Fund Fund Fund Total REVENUES AND TRANSFERS IN Operating revenues 19,704,773$ 12,414,257$ 975,477$ 2,955,168$ 2,230,250$ 396,310$ 453,350$ 1,350,800$ 779,000$ 731,508$ 41,990,893$ Intergovernmental 297,000 - - - - - - - - - 297,000 Investment income 74,237 - 7,000 8,000 2,000 3,000 2,000 14,000 3,000 - 113,237 Other revenue 10,000 10,000 - - - - 1,500 - - - 21,500 Transfers - - - 150,000 200,000 - 100,000 - 50,000 - 500,000 TOTAL REVENUES AND TRANSFERS IN 20,086,010 12,424,257 982,477 3,113,168 2,432,250 399,310 556,850 1,364,800 832,000 731,508 42,922,630 EXPENSES AND TRANSFERS OUT - BY DEPARTMENT Administration - 11,762,118 - - - - - - - - 11,762,118 Human resources - - - - - - - - - 665,000 665,000 Finance 298,393 - - - - - - - - - 298,393 Public works 14,783,880 - - - - - - - - - 14,783,880 Engineering 239,096 - - - - - - - - - 239,096 Police 496,970 - - - - - - - - - 496,970 Parks and recreation - - 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 - 10,829,288 Transfers 100,000 700,000 - - - - - - - - 800,000 TOTAL EXPENSES AND TRANSFERS OUT 15,918,339 12,462,118 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 665,000 39,874,745 EXPENSES AND TRANSFERS OUT - BY TYPE COGS - 9,326,730 42,000 185,599 105,500 - 2,750 85,000 14,000 - 9,761,579 Personal services 2,055,038 1,492,365 331,305 1,356,923 871,133 58,272 439,729 774,962 635,066 60,000 8,074,793 Contractual services 7,312,068 517,906 179,200 490,794 729,950 148,180 106,350 352,250 183,925 605,000 10,625,623 Commodities 1,065,750 74,009 89,150 313,990 104,250 3,277 71,250 169,800 135,800 - 2,027,276 Central services 682,320 256,608 33,228 130,404 68,676 11,712 40,368 68,940 60,696 - 1,352,952 Depreciation 4,227,000 94,500 241,500 640,000 600,000 500,000 24,000 171,750 40,000 - 6,538,750 Interest 476,163 - 2,023 84,404 131,182 - - - - - 693,772 Transfers 100,000 700,000 - - - - - - - - 800,000 TOTAL EXPENSES AND TRANSFERS OUT 15,918,339 12,462,118 918,406 3,202,114 2,610,691 721,441 684,447 1,622,702 1,069,487 665,000 39,874,745 CHANGE IN NET POSITION 4,167,671$ (37,861)$ 64,071$ (88,946)$ (178,441)$ (322,131)$ (127,597)$ (257,902)$ (237,487)$ 66,508$ 3,047,885$ 2016 ENTERPRISE FUND BUDGETS Section 3. That there is proposed to be levied upon all taxable real and personal property in the City of Edina a tax rate sufficient to produce the amounts hereinafter set forth: GENERAL FUND $ 24,743,952 ARTS & CULTURE FUND $ 20,000 CONSTRUCTION FUND –EQUIPMENT LEVY $ 1,680,000LEVY FOR PAYMENT OF CIP BONDS – SERIES 2010A (City Hall) $ 946,000 LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS - SERIES 2015A (Gym) $ 385,901 LEVY FOR PAYMENT OF CIP BONDS - SERIES 2007A (Fire) $ 443,000 LEVY FOR PAYMENT OF PUBLIC WORKS FACILITY DEBT $ 1,561,000LEVY FOR PAYMENT OF HRA PUBLIC PROJECT BONDS – SERIES 2014 (Sports Dome) $ 1,167,620 TOTAL TAX CAPACITY LEVY $ 30,947,473 Section 6. That there is proposed to be levied upon all taxable real and personal property in the City of Edina, a tax rate sufficient to produce the amount below for the debt levy of the market value based referendum levy and canceling the portion of the levy not required to produce the following amount: GO PARK AND RECREATION BONDS SERIES 1996B/2005A/2014B $ 571,650 Passed and adopted by the City Council on December 1, 2015. ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 1, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 20___. _________________________________ City Clerk Date: December 15, 2015 Agenda Item #: VIII.B. To:Mayor and City Council Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Resolution 2015-131 Calling for Public Hearing for 66 West Tax Increment Financing District Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution INTRODUCTION: This Resolution calls for a public hearing on February 16, 2016 to consider a new Tax Increment Financing District and related changes to the Redevelopment Plan for the Southeast Edina Project Area. ATTACHMENTS: Description Staff Report proposed Resolution 2015-131 Resolution 2015-48 December 15, 2015 Mayor and City Council Bill Neuendorf, Economic Development Manager Resolution 2015-131 Calling for Public Hearing for 66 West Tax Increment Financing District Information / Background: In November 2014, the City Council granted final approvals for the proposed 66 West Apartments. Located at 3330 W. 66th Street, this redevelopment and expansion of an aging professional building will create 39-units of affordably-priced housing for young adults who were formerly homeless. Subsequently, the City Council approved Resolution 2015-48 and the Edina Housing and Redevelopment Authority approved HRA Resolution 2015-01 to show full support for the proposed project, including a potential grant for $550,000. The grant funds will come from the Southdale 2 TIF District using special state legislation for affordable-housing projects in Edina. Commitments from all funding sources have recently been secured. The City of Edina and Edina HRA will need to consider the creation of a new Tax Increment Financing District to enable the financial grant. This Resolution acts on the request of the Edina Housing and Redevelopment Authority and calls for a Public Hearing on February 16, 2016 so that this proposal can be fully considered. The costs associated with the related studies will be borne by the developer (Beacon Interfaith Housing). CITY OF EDINA COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2015-131 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE 66 WEST TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council for the City of Edina, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on February 16, 2016, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area, the proposed establishment of the 66 West Tax Increment Financing District (a housing district), and the proposed adoption of a Tax increment Financing Plan therefor (together the “Plans”), all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.174 to 469.1794, and Laws of Minnesota 2014, Chapter 308, Article 6, Section 8 in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to February 16, 2016, and to place a copy of the Plans on file in the Executive Director's office at City Hall and to make such copy available for inspection by the public. Adopted by the Edina City Council this 15th day of December, 2015. Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing City Council Minutes is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of December 15, 2015, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this ______ day of________________________, ___________. _______________________________ Debra A. Mangen, City Clerk RESOLUTION NO. 2015-48 SUPPORTING AFFORDABLY-PRICED HOUSING AT 3330 WEST 66TH STREET BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: WHEREAS, the project being developed by the Beacon Interfaith Housing Collaborative (the "Developer") consists of 39 efficiency apartment units targeted as affordably-priced housing for teenagers and young adults who were formerly homeless (the "Project"); and WHEREAS, the City Council approved the re-zoning of the property in October 2014 and modified the Comprehensive Plan to allow this type of use in the developers preferred location in November 2014 after concurrence by the Metropolitan Council; and WHEREAS, the Developer acquired the property in October 2014 and is currently seeking funding from several sources to construct the project in 2016; and WHEREAS, a variety of grants or other public financial assistance will be required to build the Project including housing tax credits from the Minnesota Housing Finance Agency (the "MH FA"); and WHEREAS, the Project will be designed to encourage increased walkability in the Southdale district; and WHEREAS, the Project will be developed with the requirements of Minnesota Statutes Section 469.174 to 469.1794 (the "TIF Act"); and WHEREAS, the Project will be developed consistent with Resolution 2014-139 and Ordinance 2014-17 allowing affordable housing with supportive service in the Regional Medical District; and WHEREAS, the Project is estimated to cost approximately $10,505,000 and the Developer is requesting $550,000 in tax increment from the City; and WHEREAS, the City and Developer will negotiate and enter into a Redevelopment Agreement governing the Project and will satisfy all requirements of the TIF Act; and CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 Attest: ko,c,(4 Dated: May 6,20l5 ames B. Hovland, Mayor Debra A. Mangen, City Clerk WHEREAS, the City will establish a new housing TIF district pursuant to the TIF Act and 2014 Minnesota Session Laws, Chapter 308, Article 6, Section 8 (the "Edina Legislation") that will include the Property (the "Housing TIF District"). The tax increment within the Housing TIF District for the Project will be generated from the City of Edina, Southdale 2 tax increment district (the "Southdale 2 district") in reliance on the Edina Legislation; and WHEREAS, the establishment of a tax increment financing district for the Project and the pledging of the tax increment to secure a loan for the project is a local contribution and will assist the Developer in securing the approvals from the MHFA for housing tax credits. NOW THEREFORE, BE IT RESOLVED, the City of Edina endorses the Developer's application for housing tax credits as administered by MHFA; and BE IT FURTHER RESOLVED, the City shall provide, in accordance with the requirements of this Resolution, a total of $550,000 in order to facilitate the financing of the Project. If MHFA funding is not approved by December I, 2016, the City may rescind its financing commitment to the Project in order to fund another affordable housing project. STATE OF MINNESOTA) COUNTY OF HENNEPIN ) SS CITY OF EDINA CERTIFICATE OF CITY CLERK 1, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of May 6, 2015, and as recorded in the Minutes of said Regular Meeting. / - WITNESS my hand and seal of the City this day of , 2015. City Clerk Date: December 15, 2015 Agenda Item #: VIII.C. To:Mayor and City Council Item Type: Report / Recommendation From:Debra A. Mangen Item Activity: Subject:Resolution No. 2015-130: Accepting Various Grants & Donations Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion adopting resolution INTRODUCTION: In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the departments receiving donations for your consideration. ATTACHMENTS: Description Res 2015-130 Accepting Various Grants & Donations RESOLUTION NO. 2015-130 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed grants and donations on behalf of its citizens. Edina Administration Mounty Olivet Rolling Acres $100.00 Payment in lieu of taxes Edina Parks & Recreation Art Center: Fred Senn Painting Books & CD of Hand-Painted Birds Edina Parks & Recreation Edina Acquatic Center: Aquajets Swim Club $30,000.00 Donation Towards Filter Replacement Edina Police Department: Vested Interest In Canines $1,050.00 Armored Vest For K9 Blitz Dated: December 15, 2015 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 15, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______________ day of ___________________, ____________. City Clerk Date: December 15, 2015 Agenda Item #: VIII.D. To:Mayor and City Council Item Type: Report / Recommendation From:Ross Bintner P.E. – Environmental Engineer Item Activity: Subject:Approve Lease Agreement with Cooperative Energy Futures for Community Solar Garden on Public Works Building. Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Authorize Mayor to Sign Lease Agreement with Cooperative Energy Futures for a Community Solar Garden on the Public Works Building. INTRODUCTION: On December 1, Council reviewed a report and recommendation from staff and a draft lease agreement and asked for additional information. Attached is a memo from Jeffrey C. Paulson, the consulting legal counsel for this matter addressing limited restrictions on the promotion of environmental benefits by the City. Mr. Paulson will also be in attendance to answer any remaining questions on the lease agreement. ATTACHMENTS: Description Paulson Memo Lease TO: Ross Bintner Scott Neal Kevin Staunton FROM: Jeff Paulson RE: Public Statements Regarding CSG Project DATE: December 5, 2015 I understand there has been some concern raised about the provision in the proposed lease for the community solar garden facility which references REC ownership by Xcel and limitations on the ability of Edina to make statements that may adversely affect Xcel’s rights in that respect. This memo is intended to explain those limitations, which are fairly narrow, and to allay any concern. Renewable energy credits and similar carbon offset products (RECs) arise with and from the generation of electricity from eligible renewable energy sources, including solar. They are, however, severable from the electricity from which they arise and can be sold, transferred, and used separately by buyers to meet legal requirements for renewable generation or to claim they are offsetting their non-renewable electric usage. Xcel is subject to a Minnesota statutory mandate that it utilize or acquire a percentage of its overall generation from renewable resources and a specific requirement for solar. To meet this requirement, it can own and operate solar generation, or buy solar power from third parties, but the solar power purchased must include the RECs to meet Xcel’s mandate. Otherwise they are just buying electricity without the associated attribute that allows them to call it “green” or “renewable” energy. In its community solar garden (CSG) program, Xcel pays residential subscribers $0.03/kWh and commercial subscribers $0.02/kWh for RECs associated with the energy of their subscription, well above market. While selling their RECs to Xcel is not required of subscribers, that payment is often the difference between making the subscription a positive economic experience or a loss. The agencies which monitor RECs are largely concerned with possible double-counting of RECs; the use by multiple parties of the same RECs to meet obligations or make public claims about their use of green energy. Since RECs are a tool to promote renewable generation, preventing this double-counting promotes more renewable generation. To preserve the sanctity of REC ownership and limit double-counting, only one person can claim and own a REC; to preserve their ownership and right to exclusive REC use and credit, owners and registries prohibit non-owners from also claiming ownership of the RECS or similar claims. At the heart of this prohibition is not allowing a second person to claim that they are receiving or using “renewable” energy with respect to the electricity from a generation source if they do not also own the associated RECs. In the case of Edina’s proposed CSG, those prohibited statements would include (i) any claim that the City is acquiring or using “green” or “renewable” energy from the CSG at its Public Works Building or to meet its City electric load, or (ii) that the City is offsetting its non-green electrical usage with the solar or green energy from the CSG. The same is true for subscribers: they cannot claim they are directly offsetting their 2 electrical usage with green energy. These statements would only be true if the City ro subscriber owned the RECs. This does not prevent Edina from making all sorts of other accurate and general statements about its efforts to promote solar energy in the City through the CSG, and the results of that effort. For example, it is acceptable to say: 1) The city is supporting the development of the solar array/CSG to promote increased use of solar/renewable energy in Edina, and to provide opportunities for local subscribers to participate in, and benefit from, that effort; 2) The CSG will increase the presence of local renewable generation in Edina and assist Xcel in its efforts to increase its renewable energy generation portfolio and reduce Xcel’s overall carbon footprint; 3) City and resident subscribers will benefit from the CSG through receipt of bill credits directly associated with the electricity produced by the CSG. You can take credit for almost everything about the development and effect of the CSG, except that you cannot claim to be directly offsetting your electrical usage or subscribers’ electrical usage with the solar or renewable energy from the array. This should leave plenty of room for public statements explaining the City’s leadership role in promoting the growth of locally-sited renewables. 1 LEASE AND SOLAR EASEMENT This Lease and Solar Easement (“Lease”) is entered into and effective on November 16, 2015 (“Effective Date”) between the City of Edina, a Minnesota municipal corporation (with its successors and assignees, “Lessor”), and CEF Edina Community Solar, LLC, a Minnesota limited liability company (with its permitted successors and assignees, “Lessee”). Lessor and Lessee may be referred to individually as a “Party” and collectively as “Parties.” RECITALS 1. Lessor is the owner of real property located in Hennepin County, Minnesota and more specifically described in Exhibit A (the “Lessor Property”). Lessor owns and operates a public works building on part of the Lessor Property as described in Exhibit A (the “PW Building”). 2. Lessee is engaged in the business of developing, constructing, owning and operating solar energy conversion facilities for the production of electricity and sale of such electricity at wholesale, including community solar gardens pursuant to Minn. Stat. Section 216B.1641 (2013). 3. Lessee wishes to lease a portion of the Lessor Property to install and operate a solar photovoltaic energy conversion facility on the roof of the PW Building, together with a related solar easement, and Lessor is willing to grant Lessee a lease and easement in accordance with the terms of this Lease. NOW, THEREFORE, in consideration of the above premises and the mutual promises and other consideration set forth below, the adequacy and receipt of which is acknowledged, Lessor and Lessee agree as follows: ARTICLE I. Premises Section 1.1 General (a) Lessor leases to Lessee and Lessee leases from Lessor the real property legally described in Exhibit A attached hereto (the “Premises”) for the purposes of (i) monitoring, testing and assessing the Premises for solar photovoltaic energy generation, and (ii) developing, constructing, installing, operating and maintaining photovoltaic electric energy generating equipment, supporting structures and ballasts, inverters, electrical transformers, fixtures, electric distribution and transmission lines, communication lines, metering equipment, interconnection facilities and related facilities and equipment (collectively, the “Facility”) on the Premises and Transmission Premises. Lessee’s rights under this Lease with respect to the Premises shall be exclusive and Lessor acknowledges that Lessor may not grant any other person or entity any such rights. (b) Lessee shall use the Premises only for the evaluation, development, construction, installation, maintenance, and operation of the Facility. Any improvements, fixtures or structures other than the Facility shall not be installed without the express written consent of Lessor. Subject to Section 4.6, Lessee shall also be entitled to ingress and egress to and from its Facility and appurtenant equipment and electrical power lines and Lessor grants Lessee an access easement (“Access Easement”) through that portion of the Lessor Property identified on Exhibit A as the “Access Premises” for purposes of Lessee’s access to the Facility on the Premises. (c) Lessor grants Lessee an easement on and through that portion of the Lessor Property described in Exhibit A (the “Transmission Premises”) for the purpose of installing, operating and maintaining an electric distribution line and related communication lines between the Facility and electrical facilities owned by NSP at the NSP Interconnection Point. Lessor shall not plant trees, excavate, install improvements, or otherwise undertake activities within the Transmission Premises which will interfere with Lessee’s electric or distribution facilities. (d) Prior to construction of the Facility, subject to Section 4.6, Lessee may engage in assessment, development and design activities on the Premises, including, but not limited to (i) feasibility studies, including measurement of sunlight or solar energy potential and other meteorological data; (ii) design, siting and analysis of proposed Facility; and (iii) such other tests, analysis or studies as may be required by permitting agencies or as Lessee deems advisable including analysis of Lessee’s electrical system. Lessee may install one or more measuring devices on the Premises as necessary to measure its solar characteristics. (e) Lessee reserves the right to relocate or reconfigure the Facility upon the PW Building during the term of this Lease, subject to Lessor’s approval if relocation or reconfiguration materially affects the PW Building or its use by Lessor or continuing compliance of the Facility with all requirements of this Lease. Lessor shall retain the right to use that portion of the Premises, PW Building, and Lessor Property not occupied by the Facility to the extent its use is consistent with Sections 1.2 and 5.2, for all purposes. Lessee agrees to cooperate with Lessor to locate the Facility on the Premises in a manner that minimizes interference with the activities of Lessor and the operation of the PW Building. In this respect, Lessor agrees to provide Lessee with any information needed to locate the Facility to reduce the effect on Lessor and the PW Building, including electrical plans, plot layouts, and similar data. (f) Lessor shall provide Lessee with copies of the plans and specifications in its possession for the roof and related structural components of the PW Building necessary for Lessee to design its Facility. Lessor shall not be obligated to create any new plans or specifications. The Facility shall be designed so as to not overload or unduly stress the structural or roof components, or otherwise adversely affect the functionality, of the PW Building and shall comply with all Applicable Laws. Lessor shall have the right to review Lessee’s proposed design and specifications in order to identify any potential adverse effects on the PW Building or costs to Lessor and to suggest modifications which will reduce or eliminate such costs or effects. Section 1.2 Solar Easement (a) Lessor hereby grants Lessee an exclusive easement to use all sunlight which naturally arrives at the Premises, including an exclusive easement prohibiting any obstruction to the free flow of sunlight to the Premises throughout the entire area of the Lessor Property described on Exhibit B (the “Easement Premises”), which shall consist horizontally three hundred and sixty degrees (360º) from any point where any photovoltaic generating facility is or may be located at any time from time to time (each such location referred to as a “Solar Site”) and for a distance from each Solar Site to the boundaries of the Easement Premises, together vertically through all space located above the surface of the Easement Premises, that is, one hundred eighty degrees (180º) or such greater number or numbers of degrees as may be necessary to extend from each point on and along a line drawn along the plane from each point along the exterior boundary of the Easement Premises through each Solar Site to each point and on and along such line to the opposite exterior boundary of the Easement Premises. Trees, structures and improvements located on the Easement Premises as of the date of this Lease shall be allowed to remain and Lessee may not require their removal. Lessor may not place or plant any trees, structures or improvements on the Easement Premises after the date of this Lease which may, in Lessee’s reasonable judgment, impede, diminish or interfere with the receipt of sunlight at any Solar Site, unless Lessor has received approval from Lessee for installation of any such trees, structure or improvement. In the event Lessor places or plants trees, structures or improvements on the Easement Premises which violate the provisions of this Section 1.2, Lessee may notify Lessor and request removal of the applicable tree, structure or improvement, or modification thereof to comply with this Section 1.2, within thirty (30) days. (b) Lessor further grants to Lessee an easement and license for the Facility to create, cause, increase, accentuate, or otherwise contribute to the occurrence of light, shadows, shadow and light flickering, glare and reflection, on and across the Premises and Lessor Property, and Lessor waives and releases any claims or causes of action arising from or related to the occurrence of any such events. ARTICLE II. Lease Term Section 2.1 Lease Term. The term of this Lease shall commence upon the date it is executed and delivered by both Parties and continue until the date that is twenty-five (25) years from the Commencement Date (as defined below) unless terminated earlier in accordance with its terms (“Term”). Section 2.2 Termination of Lease The occurrence of any of the following events shall terminate this Lease: (a) The expiration of the Term as set forth in Section 2.1; or (b) The written agreement of the Parties to terminate this Lease; or (c) An uncured material breach of this Lease by either Party and the election of the non-breaching Party to terminate the Lease pursuant to Article IX; or (d) Either Lessee or Lessor terminates the Lease pursuant to Section 3.1(a), or Lessee terminates the Lease pursuant to Section 8.1. ARTICLE III. Rent and Taxes Section 3.1 Rent (a) Lessee shall pay Lessor an amount annually as Rent for the period of time between the date of this Lease and the Commencement Date as set forth in Exhibit C. The “Commencement Date” shall be the first day of the first full month after the Facility commences commercial production and sale of electricity on the Premises under the PPA. The Commencement Date shall occur prior to December 31, 2016. If the Commencement Date does not occur by that date, except as such period may be extended by Force Majeure or agreement of the Parties, either Lessee or Lessor shall have the option to terminate the Lease, in which case neither Lessee nor Lessor shall have any further obligations under this Lease and Lessee shall have no further obligation to pay Rent to Lessor. All Rent obligations arising under this Lease shall be prorated for any partial year. (b) The twelve (12) month periods beginning with the Commencement Date and each anniversary of the Commencement Date shall each be a Lease Year. Beginning with the Commencement Date, Lessee shall pay to Lessor an annual rental payment as set forth in Exhibit D (together with payments due prior to the Commencement Date, “Rent”). Section 3.2 Payments Lessee shall make the initial payment of Rent for the first year as set forth in Section 3.1(a) within ten (10) days of the Effective Date and on the anniversary date of the Effective Date of the Lease thereafter until the Commencement Date. Lessee shall pay Lessor Rent for the first full Lease Year no later than ten (10) days after the Commencement Date. On each anniversary of the Commencement Date, Lessee shall pay Lessor the annual Rent due in advance for the following Lease Year. Section 3.3 Taxes, Assessments and Utilities (a) Lessor shall pay, when due, all real property taxes and assessments levied against the Lessor Property and Premises and all personal property taxes and assessments levied against the PW Building or any other personal property on the Lessor Property. Subject to Section 3.3 (c), if Lessor shall fail to pay any such taxes or assessments when due, Lessee may, at its option, pay those taxes and assessments and any accrued interest and penalties, and deduct the amount of its payment from any Rent otherwise due to Lessor from Lessee. (b) Lessee shall pay all personal property and other taxes and assessments levied against the Facility when due including any equipment or property within the Access Premises or Transmission Premises. If the Lessor Property or Premises experiences any increase in the amount of real property taxes assessed against it as a result of the installation of the Facility on the Premises, including any reclassification of the Lessor Property or Premises pursuant to Minn. Stat. Section 272.02, subd. 24 (2013) or otherwise, Lessee shall pay or reimburse Lessor an amount equal to the increase caused by the Facility no later than ten (10) days prior to the date each year on which the applicable real estate taxes are due to be paid by Lessor, provided that not less than thirty (30) days prior to such due date Lessor provides Lessee with copies of the applicable current and past statements of real estate taxes payable for the Lessor Property or Premises and any related information demonstrating the increase was caused by the Facility and the amount of the increase. (c) Either Party may contest the validity or amount of any levied taxes, assessments or other charges for which each is responsible under this Lease as long as such contest is pursued in good faith and with due diligence and the Party contesting the tax, assessment or charge has paid the obligation in question or established adequate reserves to pay the obligation in the event of an adverse determination. (d) Lessee shall pay for all water, electric, telecommunications and any other utility services used by the Facility or Lessee on the Premises. Section 3.4 Interconnection of Electrical Facilities Lessee shall interconnect the Facility with NSP at the location and in the manner described in Exhibit B (“NSP Interconnection Point”) unless otherwise required by NSP. Lessee will not be allowed to interconnect with the electrical system of the PW Building or of Lessor on the Lessor Property. As between Lessor and Lessee, Lessee shall be responsible for all costs of designing, procuring, installing, maintaining and operating any equipment or facilities necessary to interconnect the Facility at the NSP Interconnection Point, and to permit the receipt, transmission, and delivery of the electricity produced by the Facility to NSP. Lessee shall design, install, operate and maintain all interconnection facilities and equipment, meters and other electrical equipment so as to prevent any adverse effect on Lessor, the PW Building or Lessor’s operations and activities on the Lessor Property. Section 3.5 Disclaimer of Title to Environmental Attributes (a) Lessor agrees that all Environmental Attributes, as defined in Exhibit E, remain the property of Lessee irrespective of whether Lessor consumes or uses any of the electricity generated by the Facility, and Lessor has no title or right to any such Environmental Attributes related to, arising from or associated with the Facility or any electrical capacity or energy created by the Facility. (b) As between the Parties, any grant, rebate, incentive payment, bill credit, tax credit or any other cash or tax benefit arising from or associated with the installation or ownership of the Facility or the production of energy and capacity by the Facility, shall enure to the exclusive benefit of Lessee, including, but not limited to, any production tax credit or investment tax credit pursuant to 26 U.S.C. Sections 45 and 48 or similar state tax law provisions; the made-in- Minnesota rebates pursuant to Minn. Stat. Section 116C.7791 (2013); the rebates available through NSP’s “Solar Rewards” program and bill credits arising under NSP’s community solar garden tariffs or program. Lessor shall cooperate with Lessee in any applications for such benefits or credits to the extent Lessor’s participation is necessary for eligibility, and if any such program or benefit requires the Lessor to be the recipient, Lessor agrees to assign or reimburse any such amounts received to Lessee. Section 3.7 Community Solar Garden. (a) The Parties agree that the Facility is intended to qualify as a community solar garden (“CSG”) pursuant to Minn. Stat. Section 216B.1641 (2013), orders of the Minnesota Public Utilities Commission in Docket No. E-002/M-13-867 or related dockets, applicable NSP tariffs, and all related orders, regulations and interpretations, in each case as modified and amended (“CSG Laws”). As a condition precedent to Lessor’s obligation to allow commencement of construction of the Facility under this Lease, Lessee shall submit an application to NSP pursuant to the CSG Laws, within 10 days after execution and delivery of this Lease and completion of the necessary structural engineering and sizing design for the Facility, for approval of the Facility as a CSG in accordance with the CSG Laws and for interconnection, and shall receive such approval from NSP, including approval of interconnection of the Facility with NSP at the NSP Point of Interconnection, prior to September 15, 2016. (b) Lessor agrees to cooperate with any application by Lessor for approval of the Facility as a CSG or for interconnection of the Facility by providing information within its possession, custody and control. (c) Lessee shall seek subscribers to participate in the Facility as a CSG from residential NSP customers residing in Edina, and shall provide a preference for such residents to become subscribers conditioned on the potential subscriber’s eligibility under the CSG Laws and execution and delivery of a subscription agreement with Lessee. Subscription agreements with Edina residents shall not require the subscriber to pay the entire cost of the subscription in advance, but shall provide for subscribers to pay for their allocation of bill credits on a monthly basis as such credits are received and in proportion to the amount of credits created and received. Subscription agreements shall also provide for a minimum annual production guarantee and other terms consistent with Lessee’s proposal submitted to and selected by Lessor, and Lessor shall be entitled to review proposed or executed subscription agreements to ascertain such consistency. Lessee shall provide a mechanism for substitute or replacement subscribers to minimize any difference between the capacity of the Facility and the subscribed capacity upon the departure of any subscribers, including, but not limited to, a subscription agreement with one or more subscribers who can absorb such available subscription capacity. Lessee and Lessor shall agree on a form for a subscription agreement within 30 days of execution of this Lease. Lessee’s subscription agreements with Edina residents shall not be amended or modified after execution and delivery in a manner inconsistent with such proposed terms. (d) In the event Lessee is unable to fully subscribe the Facility with Edina residents within six months after commencing its subscription marketing, Lessee shall be entitled to accept subscribers from NSP commercial customers located in Edina for another three months and then, if subscription capacity remains unfilled, any other eligible NSP customers. ARTICLE IV. Lessee’s Covenants Lessee covenants, represents and warrants to Lessor as follows: Section 4.1 Liens Lessee shall keep the Premises and Lessor Property free and clear of all liens and claims of liens for labor, materials, services, supplies and equipment performed on or furnished to Lessee or the Facility on the Premises, Access Premises, or Transmission Premises, or in connection with Lessee’s use of the Premises, Access Premises, or Transmission Premises. Lessee may contest any such lien, but shall post a bond or utilize other available means to remove any lien that is created during the contested proceeding. Lessee agrees to otherwise remove any lien or encumbrance for which it is responsible pursuant to this paragraph within ninety (90) days of the creation of any such lien or encumbrance. Section 4.2 Permits and Laws (a) Lessee and its subcontractors, agents and designees shall at all times comply with all Applicable Laws with respect to Lessee’s activities pursuant to this Lease and shall obtain all permits, licenses and authorizations required to conduct any and all such activities. (b) Lessee shall design, construct, install and operate the Facility and any related equipment in accordance with Prudent Electric Industry Practice, all Requirements of Law, any local electrical code, and the requirements of NSP. In particular, Lessee shall comply with all Environmental Laws. Section 4.3 Lessee’s Improvements (a) The Facility and related equipment constructed, installed or placed on the Premises and within the Transmission Premises by Lessee pursuant to this Lease shall be the sole property of Lessee, and Lessor shall have no ownership or other interest in the Facility and related equipment owned by Lessee on the Premises or within the Transmission Premises. The Facility is and shall remain personalty of the Lessee, notwithstanding any present or future common ownership of the Facility and the Premises, and irrespective of whether any of the Facility is deemed to be a fixture or otherwise part of the Lessor Property or PW Building, and Lessor acknowledges that the Facility is and shall remain personal property of Lessee irrespective of the manner of its attachment or connection to the Lessor Improvements. Lessor acknowledges that Lenders may request a first priority security interest in the Facility as collateral for financing of the Facility, and Lessor consents to the grant by Lessee of such a security interest, and the filing of instruments necessary to perfect such a security interest under the Uniform Commercial Code in the Facility as personal property of the Lessee. (b) Throughout the Term Lessee shall, at its sole cost and expense, maintain Lessee’s Facility in good condition and repair, ordinary wear and tear excepted. Any portion of the Facility constructed, installed or placed on the Premises or Transmission Premises by Lessee pursuant to this Lease may be replaced, repaired or refurbished by Lessee at any time. At the end of the Term, including any termination of the Lease, Lessee shall remove the Facility within three (3) months from the date the Term expires or the Lease terminates. If Lessee fails to remove any portion of the Facility within the required time period, that portion of the Facility shall be considered abandoned by Lessee and Lessor may remove that portion of the Facility from the Premises and dispose of it in its sole discretion without notice or liability to Lessee. In the event Lessee fails to remove any of the Facility as required, and Lessor removes any portion of the Facility at Lessor’s expense, Lessee shall reimburse Lessor for all reasonable costs of removing that portion of the Facility as required by the Lease, less any salvage or resale value received by Lessor, within thirty days after receipt of an invoice from Lessor. (c) Lessee shall use reasonable care in the installation and construction of the Facility so as to avoid damage to the PW Building and Lessor Property and risk of injury to Lessor’s employees, customers, tenants, guests and invitees. Lessee shall secure its equipment, interests and supplies during construction, and remove any construction debris on a regular basis. Section 4.4 Hazardous Wastes Lessee shall not use, store, dispose of or release on the Premises or Lessor Property or cause or permit to exist or be used, stored, disposed of or released on the Premises as a result of Lessee’s activities, any Hazardous Substances, except in such quantities as may be required in its normal business operations and only if such use is not harmful to Lessor and is in full compliance with all Environmental Laws. Section 4.5 Insurance (a) Lessee shall obtain and maintain in force the policies of insurance covering the Facility and Lessee’s activities on the Premises and Lessor Property at all times during the Term as described in Exhibit D. Such insurance coverage for the Facility, Premises, Access Premises and Transmission Premises may be provided as part of a blanket policy that covers other facilities or properties as well. (b) Lessor shall procure and maintain comprehensive general liability insurance or self-insure with respect to the Lessor Property and PW Building, including coverage for property damage and bodily injury or death to any person. Section 4.6 Notice of Access Without limiting or reducing the rights of access granted to Lessee pursuant to the Access Easement and this Lease, to the extent Lessee’s access to the Facility can only be accomplished by entry to, on, or through or over the Lessor Property and PW Building, Lessee agrees to give Lessor reasonable notice before any entry in, through or over the Lessor Property or PW Building by Lessee or its agents, employees and contractors. Lessee and its agents, employees and contractors shall comply with any reasonable safety and security instructions of Lessor while present on the Premises, the Access Premises or the Transmission Premises. The Parties will agree on mutually acceptable locations and means by which Lessee may access the Facility and Premises. Section 4.7 PW Building Roof With respect to the roof of the PW Building on which any portion of the Facility is located, Lessee shall be responsible for the costs to repair or replace any roof membrane or other components damaged or adversely affected by installation of the Facility at Lessee’s expense. Lessor represents that the roof was installed in 2010 and that the expected life of the current roof is 30 years. In the event that any portion of the roof requires repair or replacement during the Term and the repair or replacement will require the movement or disconnection of any portion of the Facility, Lessor and Lessee agree to cooperate to minimize the dislocation or disconnection of the affected Facility and the duration of any such relocation or disconnection and to use commercially reasonable efforts to schedule such work for periods when solar energy production is lowest. Rent shall be abated for the period, and to the extent of, any such relocation or disconnection. ARTICLE V. Lessor Covenants Lessor covenants, represents and warrants to Lessee as follows: Section 5.1 Title and Authority Lessor is the sole owner of the Lessor Property, PW Building, Easement Premises and Premises in fee simple and each person or entity signing the Lease on behalf of Lessor has the full and unrestricted authority to execute and deliver this Lease and to grant the easements and rights granted herein. All persons having any ownership interest in the Lessor Property, PW Building, Easement Premises and Premises are signing this Lease as Lessor. When signed by Lessor, this Lease constitutes a valid and binding agreement enforceable against Lessor in accordance with its terms. There are no encumbrances or liens against the Lessor Property or Premises except as recorded with the County Recorder for Hennepin County. Lessor agrees to deliver any documents necessary to correct any title defects which would, if not corrected, adversely affect Lessee’s rights hereunder or its ability to obtain and maintain financing of the Facility. Section 5.2 Quiet Enjoyment Lessee shall have the quiet use and enjoyment of the Premises, Easement Premises, Access Premises and Transmission Premises in accordance with the terms of this Lease without any interference of any kind by Lessor or any person claiming through Lessor. Lessor and its activities on the Premises, Access Premises and Transmission Premises and any grant of rights Lessor makes to any other person shall not interfere with any of Lessee’s activities pursuant to this Lease, and Lessor shall not interfere with any of Lessee’s activities pursuant to this Lease, and Lessor shall not interfere or allow interference with the receipt of sunlight over the Easement Premises or otherwise engage in activities which might impede or decrease the output or efficiency of the Facility, except as otherwise permitted pursuant to this Lease. Section 5.3 Cooperation Lessor shall cooperate with Lessee to obtain and maintain any approvals, authorization and permits needed in connection with the analysis, development, construction, maintenance, and operation of the Facility. Lessor shall also provide Lessee with such further assurances and shall execute any estoppels, certificates, consents to assignments or additional documents that may be reasonably necessary for recording purposes or requested by Lessee or any of its Lenders. Section 5.4 No Marketing of Environmental Attributes Lessor acknowledges that Lessee retains all rights to any Environment Attributes arising from the Facility and the electricity produced by the Facility and that Lessor is not acquiring any rights or interests in any Environmental Attributes pursuant to this Lease. Lessee’s Environmental Attributes include all rights to report, market and otherwise receive credit for the creation of electricity using the Facility. Lessor agrees not to publicize, report, market or otherwise take credit for the creation or use of the Environmental Attributes or electricity from the Facility in any manner which would interfere with the Lessee’s rights to such Environmental Attributes or diminish the value of Lessee’s Environmental Attributes. Lessor and Lessee shall cooperate to identify appropriate public statements which Lessor may use regarding the Facility that will not interfere with Lessee’s Environmental Attributes. ARTICLE VI. Indemnification Section 6.1 Indemnification (a) Each Party (the “Indemnifying Party”) agrees to defend, indemnify and hold harmless the other Party and the other Party’s elected and appointed officials, officers, directors, employees, representatives, and agents (collectively the “Indemnified Party”) against any and all losses, damages, claims, expenses and liabilities for physical damage to property and for physical injury to any person, including, without limitation, reasonable attorneys’ fees (“Damages”), to the extent resulting from or arising out of (i) any operations or activities of the Indemnifying Party on the Lessor Property or Premises; (ii) any negligent or intentional act or omission on the part of the Indemnifying Party; or (iii) any breach of this Lease by the Indemnifying Party. Nothing in this Section shall relieve Lessor or Lessee of any liability to the other for any breach of the Lease. This indemnification obligation shall apply notwithstanding any negligent or intentional acts, errors or omissions of the indemnities but the Indemnifying Party’s liability to pay damages to the Indemnified Party shall be reduced in proportion to the percentage by which the indemnities negligent or intentional acts, errors or omissions caused the Damages. Neither Party shall be indemnified for its Damages resulting from its sole negligence or intentional wrongful acts. These indemnity provisions shall not be construed to relieve any insurer of its obligations to pay claims consistent with the provisions of a valid insurance policy. This indemnification provision shall survive the expiration or termination of this Lease. (b) Lessee shall indemnify, defend and hold harmless Lessor and its elected and appointed officials, officers, employees and agents against any and all suits, actions, response actions, orders, losses, damages, civil or criminal penalties, fees, costs, expenses, claims or liabilities (including without limitation, attorneys’ fees and expenses) arising out of, or in connection with, the release (or alleged release) of any Hazardous Substances introduced to or handled on the Lessor Property by Lessee or its contractors, suppliers, or agents, or violations (or alleged violations) of any Environmental Laws by the Lessee or its officers, employees, agents, contractors or suppliers, including without limitation, with respect to damage to property, including the costs of investigation, cleanup, removal, remedial, corrective or response action. Notwithstanding the foregoing provisions, Lessee shall not be responsible for any Damages to the extent attributable to Hazardous Substances present on the Lessor Property prior to the Effective Date or introduced or handled by Lessor or its agents, contractors and representatives. Section 6.2 Damage to Lessor Improvements In the event Lessor suffers damage to the Lessor Property or any improvements on the Lessor Property during Lessee’s construction, installation, operation and maintenance of the Facility on the Premises, Access Premises, and Transmission Premises. Lessee shall reimburse Lessor for the costs to repair or replace any such damage or pay Lessor fair compensation for any such losses or damage. ARTICLE VII. Assignment; Encumbrance of Lease Section 7.1 Right to Encumber (a) Lessee may at any time mortgage or encumber all or any part of its interest in the Lease and rights under this Lease and/or enter into a collateral assignment of all or any part of its interest in the Lease or rights under this Lease to any entity providing equity or debt financing for the Facility (“Lender”) without the consent of Lessor. Any Lender shall have no obligations under this Lease until such time as it exercises its rights to acquire Lessee’s interests subject to the lien of Lender’s mortgage by foreclosure or otherwise assumes the obligations of Lessee directly. Lessee shall notify Lessor of the identity and notice address for any Lender. (b) Lessor and Lessee agree that, once all or any part of Lessee’s interests in the Lease are mortgaged or assigned to a Lender, they will not modify or terminate this Lease without the prior written consent of the Lender. Lessee agrees to cooperate with any Lender and agrees to negotiate in good faith with respect to any modifications to this Lease which may be requested by any Lender. (c) Lessor agrees that any Lender shall have the right to make any payment and to do any other act or thing required to be performed by Lessee under this Lease, and any such payment, act or thing performed by Lender shall be as effective to prevent a default under this Lease and any forfeiture of any of Lessee’s rights under this Lease as if done by Lessee itself. (d) During the time all or any part of Lessee’s interests in the Lease are mortgaged or assigned to any Lender, if Lessee defaults under any of its obligations and Lessor is required to give Lessee notice of the default Lessor shall also be required to give Lender notice of the default at the address provided by Lessor pursuant to Section 7.1(a). If Lessor becomes entitled to terminate this Lease due to an uncured default by Lessee, Lessor will not terminate this Lease unless it has first given written notice of the uncured default and of its intent to terminate this Lease to the Lender and has given the Lender at least thirty (30) days to cure the default to prevent termination of this Lease. If within such thirty (30) day period the Lender notifies the Lessor that it must foreclose on Lessee’s interest or otherwise take possession of Lessee’s interest under this Lease in order to cure the default, Lessor shall not terminate this Lease and shall permit the Lender a reasonable period of time necessary for the Lender, with the exercise of due diligence, to foreclose or acquire Lessee’s interest under this Lease and to perform or cause to be performed all of the covenants and agreements to be performed and observed by Lessee. The time within which Lender must foreclose or acquire Lessee’s interest shall be extended to the extent Lender is prohibited by an order or injunction issued by a court or the operation of any bankruptcy or insolvency law from commencing or prosecuting the necessary foreclosure or acquisition. The extension of time provided for foreclosure shall not apply to defaults consisting solely of a failure to pay Rent or other amounts due Lessor. (e) The acquisition of all or any part of Lessee’s interests in the Lease by any Lender through foreclosure or other judicial or non-judicial proceedings in the nature of foreclosure, or by any conveyance in lieu of foreclosure, shall not require the consent of Lessor nor constitute a breach or default of this Lease by Lessee, and upon the completion of the acquisition or conveyance Lessor shall acknowledge and recognize Lender as Lessee’s proper successor under this Lease upon Lender’s cure of any existing Lessee defaults and assumption of the obligations of Lessee under this Lease prospectively. (f) In the event this Lease is rejected by a trustee or a debtor-in-possession in any bankruptcy or insolvency proceeding Lessor agrees, upon request by any Lender within thirty (30) days after the rejection or termination and subject to the continuing qualification of the Facility as a CSG under the CSG Laws, to execute and deliver to Lessee or Lender a new Lease for the Premises which (i) shall be effective as of the date of the rejection or termination of this Lease, (ii) shall be for a term equal to the remainder of the term of the Lease before giving effect to such rejection or termination, and (iii) shall contain the same terms, covenants, agreements, provisions, conditions and limitations as are contained in this Lease (except for any obligations or requirements which have been fulfilled by Lessee or Lender prior to rejection or termination). Prior to the execution and delivery of any such new lease Lessee, or Lender shall (i) pay Lessor any amounts which are due Lessor from Lessee, (ii) pay Lessor any and all amounts which would have been due under this Lease but for the rejection or termination from the date of the rejection or termination to the date of the new lease, (iii) agree in writing to perform or cause to be performed all of the other covenants and agreements to be performed by Lessee under this Lease to the extent Lessee failed to perform them prior to the execution and delivery of the new lease; and (iv) confirm or reestablish eligibility of the Facility as a CSG under the CSG Laws then in effect. Section 7.2 Assignment Lessee may not assign, sublease, transfer or convey any portion of its interests in this Lease without the prior written consent of Lessor, which shall not be unreasonably withheld, conditioned or delayed, except for (i) assignment of its rights in their entirety to an entity created to own and operate the Facility and which is owned by Lessee, and (ii) any collateral assignment to a Lender as set forth in Section 7.1(a). Lessor shall notify Lessee of any such assignment. Any other such purported assignment, sublease, transfer or conveyance without the required consent from Lessor shall be void. Section 7.3 Continuing Nature of Obligations (a) The solar easement and related rights granted by Lessor in this Lease to Lessee are an easement in gross, representing interests personal to and for the benefit of Lessee, its successors and assigns, as owner of the rights created by the easement. The easement and other rights granted by Lessor in this Lease are independent of any lands or estates or interest in lands, there is no other real property benefiting from the solar easement and related rights granted in this Lease and, as between the Premises and other tracts of property, no tract is considered dominant or servient as to the other. (b) The burdens of the solar easement and all other rights granted to Lessee in this Lease shall run with and against the Premises and the Easement Premises and shall be a charge and burden on the Premises and the Easement Premises and shall be binding upon and against Lessor and its successors, assigns, permittees, licensees, lessees, employees and agents. The Lease, including the solar easement, shall inure to the benefit of Lessee and its permitted successors, assigns, permittees, licensees and lessees. Lessor acknowledges that any sale or conveyance of the Lessor Property or PW Building shall be subject to the leasehold and easement interests of Lessee in this Lease. ARTICLE VIII. Condemnation/Force Majeure Section 8.1 Condemnation If eminent domain proceedings are commenced against all or any portion of the Premises, and the taking and proposed use of such property would prevent or adversely affect Lessee’s construction, installation or operation of the Facility on the Premises or related facilities, the Parties shall either amend this Lease to reflect any necessary relocation of the Facility which will preserve the value and benefit of the Lease to Lessee, together with any corresponding payments, or, at Lessee’s option, this Lease may be terminated, provided that any such termination shall not terminate Lessee’s rights to participate in any condemnation proceedings or to any award in its favor as set forth in Section 8.2. Section 8.2 Proceeds All payments made by a condemnor on account of a taking by eminent domain shall be the property of the Lessor, except that Lessee shall be entitled to any award or amount paid for the reasonable costs of removing or relocating any of the Facility or the loss of any of the Facility or the loss of use of the Premises pursuant to the Lease. Lessee shall have the right to participate in any condemnation proceedings to this extent. Lessee’s right to compensation as set forth in this Section 8.2 shall survive the termination of this Lease or the taking by the condemnor of possession of the Premises, Access Premises, Transmission Premises, or Lessor Property. Section 8.3 Force Majeure Neither Lessor nor Lessee shall be liable to each other, or be permitted to terminate this Lease, for any failure to perform an obligation of this Lease to the extent such performance is prevented by a Force Majeure, which shall mean an event beyond the control of the Party affected and which, by exercise of due diligence and foresight, could not reasonably have been avoided, and includes, but is not limited to, fire, earthquake, flood, hurricane, tornado, war, epidemics, riot or civil strife, strikes or labor disputes, or the action by any governmental authority to prohibit the performance of the applicable obligation for reasons not attributable to the affected Party. The affected Party shall notify the other Party of the occurrence of the Force Majeure and its effect on performance of the Lease and shall take all reasonable efforts to remove or overcome the effects of the Force Majeure preventing performance of its obligations under this Lease. ARTICLE IX. Default/Termination Section 9.1 Events of Default (a) Subject to Section 7.1, each of the following shall constitute an event of default that shall permit the non-defaulting Party to terminate this Lease or pursue other remedies available at law or equity. (i) any failure by Lessee to pay Rent if the failure to pay continues for thirty (30) days after written notice from Lessor to Lessee and any Lender; (ii) any failure by Lessee to obtain CSG approval from NSP for the Facility by August 15, 2016 or to maintain the Facility’s eligibility under the CSG Laws; or (iii) any other material breach of this Lease by either Party which continues for thirty (30) days after written notice of default from the non- defaulting Party or, if the cure will take longer than thirty (30) days, the length of time necessary to effect cure as long as the defaulting Party is making diligent efforts to cure during that time. (b) For all claims, causes of action and damages the Parties shall be entitled to the recovery of actual damages allowed by law unless otherwise limited by the Lease. Neither the enumeration of events of default in Section 9.1 nor the termination of this Lease by a non-defaulting Party shall limit the right of a non-defaulting Party to rights and remedies available at law, including, but not limited to, claims for breach of contract or failure to perform by the other Party and for direct damages incurred by the non-defaulting Party as a result of the termination of this Lease. Section 9.2 Surrender Upon the termination or expiration of this Lease, Lessee shall peaceably surrender the Premises to Lessor and remove the Facility from the Premises at Lessee’s expense as required under Section 4.3 of this Lease. Section 9.3 Specific Performance Lessor acknowledges and agrees that should Lessor breach any of its obligations hereunder or otherwise fail to permit Lessee to exercise any of the rights and privileges granted herein, damages would be difficult to calculate and money damages would not be sufficient to compensate Lessee for such breach. As a result, Lessee shall have the right to seek specific enforcement of this Lease. In that event, Lessor agrees that Lessee has no adequate remedy at law. Section 9.4 No Consequential Damages Notwithstanding anything to the contrary in this Lease, neither Lessee nor Lessor shall be entitled to, and each of them expressly waives, any and all rights to recover consequential, incidental, punitive, indirect or exemplary damages, including, but not limited to, loss of use, loss of revenues, loss of profit, interest charges, or cost of capital, however arising, whether in contract, tort, equity or otherwise, with respect to any claim, action or damages arising from or in connection with this Lease. ARTICLE X. Miscellaneous Section 10.1 Notice Notices, consents or other documents required or permitted by this Lease must be given by personal delivery, reputable overnight courier, telecopier or U.S. certified mail postage prepaid and shall be sent to the respective parties as follows: To Lessor: City of Edina Attn: City Manager 4801 West 50th Street Edina, MN 55424 To Lessee: CEF Edina Community Solar, LLC C/o Cooperative Energy Futures 3500 Bloomington Avenue South Minneapolis, MN 55407 (612) 568-2479 Notice shall be deemed delivered upon receipt or refusal, if personally delivered, upon the date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier, and on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any Party may change the address for notice by notice to the other Party. Section 10.2 No Third Party Beneficiaries Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. Except for the rights of Lenders set forth above, no provision of this Lease is intended to nor shall it in any way inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Lease, or of any one or more of the terms of this Lease, or otherwise give rise to any cause of action in any person not a Party to this Lease. Section 10.3 Entire Agreement It is mutually understood and agreed that this Lease constitutes the entire agreement between Lessor and Lessee and supersedes any and all prior oral or written understandings, representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify, amend, qualify or affect the terms of this Lease except for the provisions of Lessee’s proposal, dated October 7, 2015, with which Lessee must comply in accordance with the terms of the Lease. This Lease may not be amended except in a writing executed by both Parties. Section 10.4 Governing Law This Lease is made in Minnesota and shall be governed by the laws of the State of Minnesota. This instrument is exempt from Minnesota deed tax. Section 10.5 Cooperation Each of the Parties, without further consideration, agrees to execute and deliver such additional documents and take such action as may be reasonably necessary to carry out the purposes and intent of this Lease and to fulfill the obligations of the respective Parties. Section 10.6 Waiver Neither Party shall be deemed to have waived any provision of this Lease or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any rights arising in connection with this Lease shall not be deemed a waiver with respect to any subsequent or other matter. Section 10.7 Relationship of Parties The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Lease shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between Lessor and Lessee or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. Lessor and Lessee shall not have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to otherwise bind, the other Party. Section 10.8 Severability Should any provision of this Lease be or become void, illegal or unenforceable, the validity or enforceability of the other provisions of the Lease shall not be affected and shall continue in full force. The Parties will, however, use their best efforts to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Lease as a whole. Section 10.9 Counterparts This Lease may be executed in two or more counterparts and by different parties on separate counterparts, all of which shall be considered one and the same agreement and each of which shall be deemed an original. [Signature pages to follow] CITY OF EDINA, a Minnesota municipal corporation By: Its: ________________________________ STATE OF ______________ ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of ____________, 2015 by _________________, the _________________ of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. ________________________________ Notary Public CEF Edina Community Solar, LLC, a Minnesota limited liability company By: Its: STATE OF ______________ ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this __ day of ________________, 2015 by ________________________, the _________________________ of CEF Edina Community Solar, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public EXHIBIT A Description of Lessor Property, Premises, and Access and Transmission Premises 1. Lessor Property The Easterly 55 feet of Lot 3, and all of Lots 4, 5 and 6, Block 5, Edina Interchange Center, according to the recorded plat thereof, Hennepin County, Minnesota. 2. Premises Those portions of the existing roof of the PW Building on which Lessee actually installs the Facility, as shown in the attached drawings, and which will be amended by as-built drawings upon completion of installation. 3. Access Premises Access to the Lessor Property will be through a gate at the entrance from Metro Boulevard during normal business hours or by appointment. Lessor will provide up to three double depth parking spaces for staging and laydown during construction, and temporary locations adjacent to the PW Building (to be determined by the parties) for use of a crane to lift materials to the roof. Access to the roof by Lessee’s personnel, unless otherwise agreed, shall be through the PW Building at stairwells near the northeast corner from ground level through the mezzanine to the roof. 4. Transmission Premises The Transmission Premises shall include that part of the Lessor Property on the southeast side of the central PW Building necessary to locate and install a production meter and disconnection switch and related equipment, a strip of land from that point east in which underground electrical and fiberoptic lines shall be located, and a small area near Metro Boulevard on which a transformer will be placed and interconnection facilities with NSP. A drawing is attached showing the expected locations, and as-built drawings will be provided upon completion of construction. 5. Easement Premises The Easterly 55 feet of Lot 3, and all of Lots 4, 5, and 6, Block 5, Edina Interchange Center, according to the recorded plat thereof, Hennepin County, Minnesota. 22 23 EXHIBIT B NSP Interconnection Point Interconnection of the Facility with NSP will be at or near the southwest corner of the PW Building as shown on the drawing attached to Exhibit A unless otherwise required by NSP. EXHIBIT C RENT Rent shall equal $2500 per year for the period prior to the Commencement Date and $7500 for the first Lease Year. For subsequent Lease Years, Rent shall be escalated at the rate of 3% per year as shown below: Lease Year Rent ($) 1 7,500 2 7,725 3 7,957 4 8,195 5 8,441 6 8,695 7 8,955 8 9,224 9 9,501 10 9,786 11 10,079 12 10,382 13 10,693 14 11,014 15 11,344 16 11,685 17 12,035 18 12,396 19 12,768 20 13,151 21 13,546 22 13,952 23 14,371 24 14,802 25 15,246 Total: 273,443 EXHIBIT D INSURANCE 1. Lessee shall procure and maintain throughout the Term, at its own expense, the following policies of insurance: (a) Workers' Compensation and Employer's Liability insurance that complies with the laws of Minnesota to the extent of statutory limits, if applicable including a waiver of subrogation to Lessor; (b) Comprehensive or Commercial General Liability insurance with bodily injury and property damage combined single limits of at least $2,000,000 per occurrence. Such insurance shall include, but not necessarily be limited to, specific coverage for contractual liability encompassing the indemnification provisions in this Lease, broad form property damage liability, personal injury liability, explosion and collapse hazard coverage, and products/completed operations liability coverage; (c) Comprehensive automobile liability insurance to the extent applicable with bodily injury and property damage combined single limits of at least $1,000,000 per occurrence covering vehicles owned, hired, or non-owned; and (d) All other insurance required by Applicable Laws as deemed appropriate by Lessee. 2. All policies of insurance required hereunder shall be with an insurer authorized by law to do business in Minnesota. All insurers shall be issued from companies satisfactory to Lessor and have a rating of A- or better in the current A.M. Best Rating Guide. 3. The amounts of insurance required above may be satisfied by Lessee buying primary coverage in the amounts specified or by buying a separate excess umbrella liability policy together with the lower limit primary underlying coverage. The structure of the coverage is Lessee’s option, as long as the total amount of insurance meets the requirements of this Lease. 4. The policies required of Lessee shall be "occurrence" form policies. Lessee may not use "claims-made" form coverage to meet its obligations without the prior written consent of each such policy from Lessor. 5. Lessee’s Commercial General Liability policy and Umbrella or Excess Liability policies shall include each of the following endorsements, and its workers' compensation and automobile liability policies shall include endorsement (d) listed below: a. The City of Edina and its elected and appointed officials, directors, officers, employees and agents shall be additional insureds under all policies including ongoing operations and completed operations. b. The policies are to be primary with respect to the interest of the City of Edina, and its elected and appointed officials, directors, officers, employees and agents, and any other insurance maintained by any of them shall be excess and not contributory with Lessee’s insurance. c. Each insurer shall waive all rights of subrogation against the City of Edina and its elected and appointed officials, directors, officers, employees, and agents. d. Notwithstanding any other provision of a policy, no policy shall be cancelled or changed in a material way by the insurer or expire without thirty (30) days prior written notice to Lessor. e. Each insurer shall expressly agree that (i) the procurement of the applicable policy and the inclusion of the City of Edina and other persons listed in Section 5(a) as additional insureds does not waive any of the defenses of governmental immunity available under Minnesota law as it now exists and as it may be amended in the future; (ii) the City of Edina shall be responsible for asserting any defense of governmental immunity and may do so at any time, including upon the timely request of the applicable carrier; and (iii) the insurance carrier shall not deny coverage under any policy nor deny any of the rights and benefits accruing to the City of Edina and other additional insureds under the applicable policy due to the availability of a governmental immunity defense unless and until a court of competent jurisdiction has confirmed the applicability of governmental immunity asserted by the City of Edina in a non-applicable final order or judgment. 6. Lessee or its insurers or agents shall provide Lessor with certificates of insurance evidencing the policies and endorsements described prior to commencing any physical activities on the Lessor Property. Failure to obtain the insurance coverage required shall in no way relieve or limit Lessee’s obligations and liabilities under other provisions of this Agreement. 7. If the Facility is destroyed or materially damaged, and there are sufficient insurance proceeds available to repair or replace the Facility, Lessee shall use such proceeds to cause the Facility to be rebuilt and placed in commercial operation as soon as practicable. EXHIBIT E Defined Terms The terms defined below, when capitalized and used in the Lease, shall have the meanings given to them in this Exhibit E. 1. Applicable Laws: All applicable laws, statutes, treaties, codes, ordinances, regulations, orders, licenses, permits, and rules of any governmental authority, now in effect or enacted in the future, as amended, and as interpreted and applied, and all applicable judicial, administrative, arbitration and regulatory decrees, judgments, injunctions, writs, orders, and awards. 2. Environmental Attributes: All attributes of an environmental or other nature that are created or otherwise arise from the Facility, generation of electricity using sunlight as a source of energy, either in its own right or in contrast to the generation of electricity using nuclear or fossil fuels or resources, including, but not limited to, tags, certificates or similar products or rights associated with solar energy as a “green” or “renewable” energy resource, including any and all environmental air quality credits, emissions reductions, allowances, offsets or other benefits related to the use of solar energy at the Lessor Property in a manner which reduces, displaces or offsets emissions resulting from fuel combustion pursuant to any existing or future international, federal, regional, state or local legislation, regulation or agreement or voluntary agreement, and the aggregate amount of credits, offsets or other benefits related to any environmental or renewable energy credit trading program, information system or tracking system associated with the energy generated from the Facility, and any credits, allowances, offsets, or emission or pollution reductions for substances such as mercury, nitrogen oxide, sulfur dioxide, carbon dioxide, carbon monoxide, particulate matter, or other contaminants or air, water or soil under federal, state, regional or local law or any international regulatory or voluntary program, including the United Nations Framework Convention on Climate Change and related Kyoto Protocol and similar or successor programs, agreements, laws and regulations. “Environmental Attributes” does not include investment tax credits, or any similar tax credits, or cash grants, production incentives or similar tax or cash benefits, whether or not such tax credits or cash benefits arise from or are related to the Facility’s use or generation of solar energy. 3. Environmental Law: Any federal, state and local laws, including statutes, regulations, rulings, orders, administrative interpretations and other governmental restrictions and requirements, relating to the production, handing, release, discharge, treatment or disposal of air pollutants, water pollutants, process waste water, Hazardous Substances, toxic substances or otherwise relating to the natural environment or natural resources, each as amended from time to time, including, but not limited to (i) the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; (ii) the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.; (iii) the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et. seq.; (iv) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq.; (v) the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601 et seq.; (vi) Occupational Safety and Health Act of 1970; (vii) the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 11001 et seq.; and (viii) any other similar applicable federal, state or local law. 4. Hazardous Substance: (A) Any substance which is listed, defined, designated or classified under any Environmental Law as a (i) hazardous material, substance, constituent or waste, (ii) toxic material, substance, constituent or waste, (iii) radioactive material, substance, constituent or waste, (iv) dangerous material, substance, constituent or waste, (v) pollutant, (vi) contaminant, or (vii) special waste; (B) any material, substance, constituent or waste regulated under any Environmental Laws; or (C) petroleum, petroleum products, radioactive materials, polychlorinated biphenyl, pesticides, asbestos, or asbestos-containing materials. 5. NSP: Northern States Power Company, a Minnesota corporation, and its successors and assignees. 6. PPA: Any contract or agreement or other arrangement pursuant to which Lessee sells the electricity and related capacity to NSP or any other purchaser. 7. Prudent Electric Industry Practice: Those methods and that equipment, as changed from time to time, that are commonly used and accepted in electrical engineering and operations to operate electrical equipment lawfully and with safety, dependability and efficiency, including, but not limited to, the requirements of the National Electric Safety Code, the National Electrical Code, NSP, and any Requirement of Law. Date: December 15, 2015 Agenda Item #: IX.A. To:Mayor and City Council Item Type: Report / Recommendation From:Heather Branigin, Executive Assistant Item Activity: Subject:Correspondence Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action is necessary. INTRODUCTION: Attached is correspondence received since the last Council meeting. ATTACHMENTS: Description Correspondence One 12.15.2015 Happy Holiday! Hammer Residences 1909 East Wayzata Blvd. Wayzata, MN 55391 May the spirit of love fill your hearts and homes this holiday season. (41 Mu) From all of us at Hammer Maug hind Company 0 EGGC/18152, Heather Branigin From: stephen.ashley8@bigpond.com Sent: Wednesday, December 02, 2015 3:04 AM To: stephen.ashley8@bigpond.com Subject: ASI and DAS Letter to the Mayor Racial tension has been building and all American cities are now 'time bombs' waiting to explode. American Slave Inc. and DAS (Descendants of American Slaves) have, over the past 6 years, formulated a solid plan to solve the very real problems facing American Cities. Talk to us....today. Greetings Mayor Would you support unique ethnicity for Descendants of American Slaves (DAS)? How? DAS as an option on the 2020 Census Descendants of American Slaves Racial Uniqueness — Born and bred exclusively in America to serve white Americans. This is unique and a simple truth that cannot be disputed. We cannot act like Descendants of American Slaves do not exist. We cannot forever turn our back on the history of Slavery in the US. To heal we must all face the truth so we can move forward, together, in unity, for a better America. Descendants of American Slaves have made slow progress in the economic arena compared to other minority groups in the US. The after effects of slavery is a residual disorder that is growing, unstable and is seemingly encouraged to fester unimpeded. Because of misplaced shame, openly discussing slavery is painful to many and a taboo topic even in circles where this type of dialogue in necessary to ensure the stability of our country. 1 If allowed to worsen unchecked, simmering racial discontentment could turn into a racial crisis, if it has not already done so. Being of recent origin, Descendants of Slaves understanding and perception is different from that of ethnic groups that have thousands of years of development. Given the fact that our tribe was only recently initiated into the human race during the period of American Slavery, we have an immature understanding in regards to civilised evolution. We haven't learned how to compile a history that's stable enough to build our nation's future upon. We should hate to think that the suffering our fore parents went through was for nought. Descendants of Slaves are not foreigners or Africans who have been certified as African Americans through the immigration department. We are a group of confused, unaware people who have been left alone to fend for ourselves with no social order in place to guide us internally Please contact us ASAP so we can talk Dr. Gerald Higginbotham American Slaves Nation Sr. Vice President, Spiritual Adviser and Spokesperson for the Descendant of American Slaves 314 581-0009 Cel www.descendantsofamericanslaves.com www.siaves-usa.com httos://www.facebook.com/American-Slaverv-286122991504731/ Norris Shelton (502) 939-6688 President, American Slaves, Inc. President, Descendants of American Slaves, Inc. http:llwww.DescendantsofAmericanSlaves.com httpliwww.slave-usa.comj Support Descendants of American Slaves (DAS) and help make the American Slave Nation a reality MISSION STATEMENT To educate, empower, and enlighten America on the plight and promise of descendants of American Slaves while creating strategies to identify true emancipation from government dependency. 2 VISION To create a society which honors the accomplishments, recognizes the spirit, and uplifts the images of American Slaves; a society that will explain to the Descendants of American Slaves the advantages of them accepting their true identity, and then releasing them to truly seek economic emancipation into the mainstream of America. EDUCATION American Slaves, Inc. will be a key leader in supporting American Slave History as a core curriculum in K-12 public school education, as well as encouraging the development of private schools with a core history on slavery in America and leadership development. EMPOWERMENT American Slaves, Inc. will be a local and national leader in motivational and strategic development for communities to empower citizens and leadership to challenge established systems and programs with the accountability to serve descendents of American slaves. ECONOMIC FREEDOM American Slaves, Inc. will be a leader for descendants of slaves in developing a global economic system of finance and business development, increasing the number of small business owners and transitioning start-up businesses to major corporations on the stock market. ENTERTAINMENT American Slaves, Inc. will be a national facilitator of Black Actors, Directors, Producers and Entertainers that will create the necessary media outlets to portray, to illustrate, and to motivate Descendents of American Slaves in a positive and encouraging light. This effort will include Music, Movies, Educational Television, and other main stream media that reaches a diverse audience. EMANCIPATION American Slaves, Inc. will be the leader in legislative consciousness among federal and national leaders to recognize the history of American slavery and the contributions of millions of slaves ENCOURAGEMENT American Slaves, Inc. will be a positive organization that will raise the level of expectation and application of equitable resources for Descendents of American Slaves in and throughout the country. Providing resources and funding to youth and adults to encourage the core competencies of the American spirit, family unity, community engagement, and economic development. 3 From: Paul Thompson [mailto:paulftcoolplanetmn.org] Sent: Wednesday, December 02, 2015 7:46 AM To: Ross Bintner; Sarah Zarrin; Keith Kostuch (kostuch.eec@gmail.com) (kostuch.eec@gmail.com); Bob Stewart; Kevin Staunton; Mary Brindle (Comcast); Ann Swenson; James Hovland Subject: COP21 - Side-Event - BUILDING THE URBAN FUTURE: CLIMATE-FRIENDLY, ENERGY-SMART AND LIVEABLE - on 10 December from 2pm - 3:30pm @ German Pavilion Edina Leaders, At the Paris climate talks and thought that this workshop might provide good insights on sustainable development for Edina. It's in the COP21 blue zone for credentialed folks only (I don't have that access) but perhaps we can gain a video or transcript, I will work on this over here but there are links and info below that we can follow as well. Hope all is well in Edina and that snow awaits our return... ,report to the community on Friday January 8, 6:30 at Linden Hills Park (43rd and Xerxes). Thanks for greening our city. Paul and Mindy follow us at www.citizensvoice.tv and our fb page and see the workshop description below Paul Thompson Cool Planet—Neighborhood FUN-Action for Our Planet Citizens' Climate Lobby- Political Will for a Livable World 952-920-1547-h 612-810-4664-c Begin forwarded message: From: "Marschel, Cornelia" <Comelia.Marschel@bmub.bund.de> Date: November 30, 2015 at 3:32:32 PM GMT+1 To: "Energy-1" <energy-I !,lists.iisd.ca> Subject: COP21 - Side-Event - BUILDING THE URBAN FUTURE: CLIMATE- FRIENDLY, ENERGY-SMART AND LIVEABLE - on 10 December from 2pm - 3:30pm @ German Pavilion Dear colleagues, German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) and GIZ kindly invite you to join us at German Pavilion for the Side Event BUILDING TI 1! . UTUR LTL-FRIENDLY, EIERGY-SMART AND LrkrAAL7fili Venue: German Pavilion: Hall 2B, No. 51 (Blue Zone) Date and time: 10 December, 14:00 — 15:30 Consuming nearly 80% of overall energy and responsible for up to 70% of global energy-related GHG emissions, cities are major contributors to climate change. At the same time, cities offer enormous potential for emission reductions; making them vital actors in addressing climate change. This side event highlights options for climate-friendly, resource-efficient urban development solutions, focusing especially — yet not exclusively — on the housing and energy sector. It aims at presenting and discussing policies and practices which provide for decoupling urban growth from energy use and GHG emissions. Speakers and panelists: Rita Schwarzeluhr-Sutter, Parliamentary State Secretary, Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB), Germany Alejandro Nieto, International Delegate and former Undersecretary for Urban Development and Housing, Ministry of Agrarian, Territorial and Urban Development (SEDATU), Mexico Boris Palmer, Mayor of the City of Tubingen (DE) and Climate Alliance COP21 Ambassador Stephan Brandligt, Deputy Mayor of the City of Delft (NL) and Vice-President Energy Cities Benoit Lefevre, Director Energy and Climate, WRI Ross Center for Sustainable Cities Boping Chen, China Director, World Future Council Curt Garrigan, Manager Cities and Buildings Programme, UNEP-DTIE Peta Wolpe, Managing Director, Sustainable Energy Africa For further information please see the programme attached. For the overall programme of the German Pavilion, please visit: http://wvvvv.bmub.bund.de/cop-events Kind regards, Lisa Lebershausen Section Climate Change and Climate Policy Climate Change, Environment and Infrastructure Division Sectoral and Global Programmes Department Deutsche Gesellschaft fOr Internationale Zusammenarbeit (GIZ) GmbH Kethener Str. 2-3 10963 Berlin Germany T + 49 30 338424-546 E lisa.lebershausengiz.de I www.giz.de Deutsche Gesellschaft fuer Internationale Zusammenarbeit (GIZ) GmbH; Sitz der Gesellschaft Bonn und Eschborn/Registered offices Bonn and Eschborn, Germany; Registergericht/Registered at Amtsgericht Bonn, Germany; Eintragungs-Nr./Registration no. HRB 18384 und/and Amtsgericht Frankfurt am Main, Germany; Eintragungs-Nr./Registration no. HRB 12394; USt-IdNr.NAT ID no. DE 113891176; Vorsitzender des Aufsichtsrats/Chairman of the Supervisory Board: Dr. Friedrich Kitschelt, Staatssekretaer/State Secretary; Vorstand/Management Board: Tanja Goenner (Vorstandssprecherin/Chair of the Management Board), Dr. Christoph Beier (SteIlv. VorstandssprecherNice-Chair of the Management Board), Dr. Hans-Joachim Preuss, Cornelia Richter Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety BUILDING THE URLIAN FUTURE: CLIMATE-FRIENDLY, ENERGY-SMART AND LIVEABLE German Pavilion: Hall 2B, No. 51 (Blue Zone) 10 December, 14:00 — 15:30 Consuming nearly 80% of overall energy and responsible for up to 70% of global energy-related GHG emissions, cities are major contributors to climate change. At the same time, cities offer enormous potential for emission reductions; making them vital actors in addressing climate change. The way energy is produced and used in cities substantially influences cities' climate footprint. With half of cities' energy consumption occurring in the building sector, increasing energy efficiency in public and private buildings and using renewable energies are key factors for climate friendly and sustainable urban development. Yet, energy-smart urban development goes further: Efficient and sustainable urban infrastructures and services as well as urban design also influence the local energy demand, help to limit global warming and, furthermore, contribute to the creation of liveable cities. This side event highlights options for climate-friendly, resource-efficient urban development solutions, focussing especially — yet not exclusively — on the housing and energy sector. It aims at presenting and discussing policies and practices which provide for decoupling urban growth from energy use and GHG emissions. Key Notes Rita Schwarzeluehr-Sutter, Parliamentary State Secretary, Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB), Germany Alejandro Nieto, International Delegate and former Undersecretary for Urban Development and Housing, Ministry of Agrarian, Territorial and Urban Development (SEDATU), Mexico Panel Discussion • Boris Palmer, Mayor of the City of TObingen (DE) and Climate Alliance COP21 Ambassador • Stephan Brandligt, Deputy Mayor of the City of Delft (NL) and Vice-President Energy Cities Benoit Lefevre, Director Energy and Climate, WRI Ross Center for Sustainable Cities • Boping Chen, China Director, World Future Council • Curt Garrigan, Manager Cities and Buildings Programme, UNEP-DTIE • Peta Wolpe, Managing Director, Sustainable Energy Africa Moderation: Anja Wucke, Deutsche Gesellschaft kir Internationale Zusammenarbeit (GIZ) We look forward to meeting you at the event. Coffee, refreshments and snacks will be served! MAMICE W. DIAO 6515 Gleason Court Edina, Minnesota 5506 66er (952) 933-1115 November 30, 2015 To; Mayor Lames Hovland and Edina City Council---Also sent to Hennepin County. From; Maurice Dixon Subject; Proposed Property Taxes for 2016 The proposed taxes on our home for 2016 are going up $1,049.96 which is 26% This is way out of line. Our government tells us the rate of inflation is very low. So low in fact, that people on Social Security will not get an increase in their amount for 2016 because the inflation is so low. The interest rate paid by banks is near zero--- Our property taxes are going up 26%---this has to be stopped. I live in a block of "Twin Homes" and have talked to some of our homer owners' association members, and they are also very up set with this increase. Please work with us and get this—"Way out of line increase" stopped. Please contact me with your thoughts on this subject. Maurice Dixon ---952-933-1665 I have enclosed a copy of our Proposed 2016 taxes. Minn. budget surplus projected at $1.87B - StarTribune.com Page 1 of 1 BLOG Hot Dish Politics (http://www.startribune.com/politics/blogs/hot dish_politicsi) Minnesota's projected budget surplus grows to $1.87 billion By Ricardo Lopez DECEMBER 3, 2015 — 9:25AM The states projected budget surplus grew to $1.87 billion, the Minnesota Management and Budget Office reported Thursday Minnesota budget officials issued a brief summary of the state budget and economic forecast, a twice-yearly snapshot of the state's budget, factoring in the latest trends in the state and local economy. Legislators will have $1.2 billion available, after $665 million is automatically diverted to the state's rainy day fund, under current law. Since February, when the state budget agency released its most recent forecast, the state's economy has performed well and mostly met expectations. There are signs of weakness, however; the pace of hiring has slowed in recent months, the housing market has been stymied by a significant share of underwater mortgage loans and the state's manufacturing sector has softened. Minnesota has added nearly 24,000 jobs in the past year, a growth rate of 0.8 percent —well below the U.S. growth rate of 1.9 percent over the same period. The states jobless rate in October was 3.7 percent the same as the previous October— but it remains well below the national average. Budget officials will provide an overview of the forecast at 11:15 Thursday morning, followed by reaction to the report by Gov. Mark Dayton and legislative leaders. OLDER POST (TTTP://WWW.STARTRIBUNE.COM/SEN- KLOBUCHAR-AMONS-BIPARTISAN-GROUP- SUPPORTIND-VISA-PROGRAM-OVERHAU1J360158701/) Sen. Klobuchar among bipartisan group supporting visa program overhaul (http://www.startribune.com/sen- Idobuchar-arnong-bipartisan-group-supporting-visa- program-overhau1/360158701/) (http://www.startribune.com/politicsistatelocal/hot_dish politics/) With an insider's eye, Hot Dish tracks the tastiest bits of Minnesota's political scene and keep you up-to-date on those elected to serve you. Contributors in Minnesota: Patrick Condon, (http://www.startribune.comiblos/250305341.html) J. Patrick Coolican, (http:thvww.startribune.cornibios/275328091.html) Patricia Lopez (http://www.startribune.corntios/10645321.html) , Ricardo Lopez (http://www.startribune.cornibios/268715812.html) , Abby Simons, (http://www.startribune.com/biostI9363479.html) and Glen Stubbe (http://www.startribune.comibios/10646061.html) Contributors in D.C.: Allison Sherry (http://www.startribune.com/blos/253398141.html) , Jim Spencer (http://www.startribune.corn/bios/81726757.html) and intern Beene Raghavendran. Maurice Dixon NIAWICE W. DIXON 6515 Gleason Court Edina, Minnesota 55436 (952) 933-1115 December 4, 2015 To; Mayor James Hovland and the Edina City Council. From: Maurice Dixon This is a follow up to my letter dated Nov. 30, 2015 regarding the $1, 049, 96 (26%) increase in our home taxes.( copy enclosed) In addition to the 2, points I made regarding no Social Security increase due to no/ low inflation and zero percent interest rates from our banks—we are not told that our state will have a 1.87 BILLOIN dollar surplus. I did get a call as a follow up from Hennepin Co.( Not from anyone from Edina I might add).—They told me the reason for the increase may be because our home Market Value went up $60.000 and our Homestead Exclusion, went down $5,400. This will affect our entire block and I would like to ask –Who sets these prices and how do they arrive at them79977 I would like to ask you –our mayor and our city council to put a stop to these increases. I will call Mr. Hovland to discuss this matter. Thank you. ? .5--J67‘ Heather Branigin From: Will Schwinghammer <will@theschwings.com> Sent: Friday, December 04, 2015 9:22 AM To: James Hovland Subject: School Paper Article on New Liquor Laws Hello Mayor Hovland, My name is Will Schwinghammer. I'm a sophomore at Edina High School, and I'm a student reporter for our school paper, Zephyrus. I'm currently writing an article about the new liquor laws in Edina, specifically about the 60/40 ratio and how removing it will affect our community. I was wondering if it would be possible for me to get a direct quote or statement from you on the matter. Thank you, Will Schwinghammer will@theschwings.com 952-769-7856 1 Heather Branigin From: Becky S. Westergren <Beclv.Westergren@hennepin.us> Sent: Friday, December 04, 2015 1:59 PM To: Marion Greene; khalverson@hopkinsmn.com; 'Anne@AnneMavity.org'; James Hovland; DickRMiller@gmail.com; duane.spiegle@parknicollet.com Cc: Allyson Lueneburg; Catherine M. Walker; Kerni Pearce Ruch; Pamela Fahlstrom Subject: Reminder: Blake Station Area Subcommittee Meeting - Monday, December 7th Attachments: Agenda_07Dec2015_DRAFT.DOC Sent on behalf of Commissioner Jan Callison: Reminder — The first meeting of the Blake Station Area Subcommittee will be held on Monday, December 7, 2015 from 8:00 to 9:00 AM at the Hopkins City Hall (1010 1st St S, Hopkins, MN 55343). Please find attached, the agenda for the first meeting. Have a good weekend. Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 community works swirtcommunityworks.org Southwest LIZT Community Works Blake Station Area Subcommittee Monday, December 7, 2015 8:00 - 9:00 AM Hopkins City Hall Agenda 1. Welcome and Introductions 8:0010 8:10 AM Jan Callison, Hennepin County Board Chair 2. Subcommittee Role & Responsibilities 8:10 to 8:25 AM 3. Blake Station Area Activities 8:25 to 8:55 AM • City Vision • Southwest Corridor Investment Framework • Blake Road Corridor Study • Knollwood Mall Redevelopment • Cottageville Park • Blake Station Corridor Development Initiative (CDI) • Blake Station TOD Implementation Strategy • ULI-MN Technical Assistance Panel (TAP) • Other 4. Next Meeting & Adjournment 8:55 to 9:00 AM EDEN PRAIRIE MINNETONKA EDINA El HOPKINS ST LOUIS PARK I MINNEAPOLIS METROPOLITAN COUNCIL Heather Branigin From: Heather Edelson <hmedelson@gmail.com> Sent: Saturday, December 05, 2015 8:13 AM To: Edina Mail Subject: Coffee? Hello Major Hovland, My name is Heather Edelson and I am running for the DFL endorsement for the House of Representatives seat currently held by incumbant Ron Erhadrt. My family and I live in Country Club and we have three boys, two of which attend Concord Elementary! I would love to have coffee if you would be free in the next week or two? I would also like to say, I've truly admired and commend the great work you are doing for Edina as major and was so happy to hear you were running again! You have my vote 100 percent! Sincerely, Heather Edelson (651) 785-8696 www.heatheredelson.com 1 Heather Branigin From: Pat Arseneault <arseneault.westchester@gmail.com> Sent: Monday, December 07, 2015 7:24 AM To: James Hovland Cc: MJ Lamon; Devin Massopust; Ellen Kennedy Subject: Edina HRRC Dec 10 Meeting Special Guest Sarah Walker on Race Relations Dear Mayor Hovland, On behalf of the Human Rights and Relations Commission (HRRC), I am writing to advise you that the HRRC will have as our special guest Government Affairs Consultant Sarah Walker at our December 10 (annual televised meeting), and to invite you to attend the presentation, beginning at about 7:05 p.m. in the Council Chambers, Currently, Ms. Walker is a consultant with Hill Capital Strategies, a twin cities based government affairs firm. Sarah Walker is a graduate of Carleton College and is completing her doctorate in Department of Sociology at the University of Minnesota. Ms. Walker's prior positions include Research Consultant at the Council on Crime and Justice, Director of Workforce Development at the Center for Court Innovation, Executive Director of the Youth Justice Funding Collaborative, and Chief Operating Officer for 180 Degrees, a multi-cultural 501(c)(3) organization that provides comprehensive, culturally specific services including residential programs, life skills enrichment, educational engagement, and therapeutic mental health services for youth, adults and families in Minnesota. Ms. Walker has a wealth of experience in social movements and media framing of unpopular political issues (including her recent successful advocacy for "ban the box" legislation) and has been asked to address the commission on the issue of race relations and having difficult community conversations around race. If you are interested in hearing Ms. Walker and not able to attend on December 10, you will be able to view Ms. Walker's presentation during one of the HRRC meeting rebroadcasts on Channel 16. Sincerely, Pat Arseneault HRRC 1 Heather Branigin From: ggriff3rd@gmail.com on behalf of George Griffiths <gbgriffiths@mac.com> Sent: Monday, December 07, 2015 12:58 PM To: Edina Mail Cc: sean.plemmons@ecm-inc.com Subject: Affordable Housing The November 2015 Edition:Edina discussed the Affordable Housing Policy adopted in October by the Edina City Council. The policy standard is that 10% of new rental and for-sale multi-unit developments that are the result of rezoning must be "affordable". "Affordable" housing is identified as that which can be paid for by a person whose income is 60 per cent or less of the area's median gross income. For Edina the median gross income is stated as being $51,960/year for a family of four. $31,176, or 60 per cent, is the maximum yearly gross a person could earn and still qualify for "affordable" housing. Of note is that a person earning $15.59/hour, working 40 hours/week and 50 weeks/year would have a gross income of "$31,180/year. The Home Section of the 6 December 2015 Star Tribune listed the 3rd quarter 2015 summary for rental properties in the Twin Cities and surrounding area. For the northwest, west and southwest suburbs, which includes Edina, the average rent for a three bedroom was $1,450/month. The average rent for a three bedroom in Edina was quoted in the Edition:Edina as $2,280/month. "Affordable" housing is identified as that where a person would pay 60% of the average market rental rate. At $2,280/month the yearly rent would be $16,416 or 52.7% of the qualifying gross income. Yes, Edina is an expensive city for rental housing. A serious discussion is felt necessary to re-evaluate the Affordable Housing Policy to determine if, and how, a family of four could afford to live in the non "subsidized" housing in Edina after the myriad of non-rent expenses are deducted form the qualifying gross income. More than just those working in the service industry or those who are in the beginnings of their careers are involved and may be looking for "affordable" housing in Edina in the future. George Griffiths 4444 Dunham Drive Edina, MN 55435 952-922-2744 1 Heather Branigin From: Paul and Deb Hanson <paulanddeb@me.com> Sent: Tuesday, December 08, 2015 10:33 AM To: Common Sense Edina Cc: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1 @gmail.com; Scott H. Neal; Kay McAloney Subject: Re: Common Sense for Edina - The Minnesota Veterans Preference Act (VPA) I have to agree with David. As a veteran, I find it very interesting that when it comes to making political hay, elected officials are quick to jump on the bandwagon with the slogan "Support our troops" and now people are saying "thanks for your service". However, in reality, it's just words unless there are actions to support that sentiment. We are already seeing a high unemployment rate for returning veterans and if veterans are not provided any preferences for putting their lives on the line for this nation and our own local governments do not walk the talk, then these are truly empty words. When we as Viet Nam veterans returned home we were treated with less than respect. It was a different time but I was hopeful that with the current sentiment of supporting our veterans for their service that we had turned the corner on the respect that should be given for those that have served their country. I would hope that the city government of Edina would give this issue some additional thought and do the right thing in generating a policy that provides a hiring preference to veterans. As a city, it will say a lot about being "thankful for our service". Thank you for your consideration. On Dec 7, 2015, at 5:57 PM, Common Sense Edina <commonsenseforedina@gmail.com> wrote: The city of Edina has no formal veterans hiring preference which may be in violation of State law i.e. the VPA (see below). Regardless of state law the City of Edina should do the right thing and have a veterans hiring preference similar to other communities like Minneapolis, St Paul, Richfield, Bloomington, Eden Prairie, Minnetonka and a list of other communities. Today marks the anniversary of the attack on Pearl Harbor on Dec 7, 1941. To honor veterans I would again suggest the City of Edina take action to further honor the sacrifice of veterans and have a veterans hiring preference. David Frenkel The Minnesota Veterans Preference Act (VPA) http://mn.gov/indva/resources/employment/statelaws.is_p Veterans Get Edge in Hiring for Civil Service Jobs http://kstp.com/article/stories/s3661465.shtml How the point system works: If someone has served active duty for 180 days with an honorable or general discharge, you take the civil service test. If you get a passing grade and you're a vet, you get 10 points. If you're a disabled vet you get an extra 5 points, so a total of 15 points. The civil service test is based on 100 points. For city, county, state and federal agencies, the law isn't optional. At least one city, St. Paul, has been sued for misinterpreting the law. 2 Heather Branigin From: Kochevar, Barbara J <BKocheva@tcfbank.com> Sent: Tuesday, December 08, 2015 2:51 PM To: Edina Mail Subject: December 8 City Council Meeting Attachments: City Engineers letter 09.22.15.docx Attached please find the letter I wrote to the City Engineer on September 22, 2015. As a resident on Sunnyside, I do not support the narrowing of the streets or narrowing of the intersection at Sunnyside and Grimes. I am not in favor of paying for changes to the street that are not tested and I believe are not warranted or practical. Replace the pipes, but leave the street as it is. Please see that the City Council sees this letter prior to the meeting tonight. Thank you, Barbara J. Kochevar Disclaimer This email may contain privileged and/or confidential information that is intended solely for the use of the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or using any of the information contained in the transmission. If you received this communication in error, please contact the sender ("Company") immediately and destroy the material in its entirety, including all electronic and hard copies. 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Unless expressly stated herein to the contrary, only agreements in writing signed by an authorized officer of the Company may be enforced against it. 1 September 22, 2015 Mr. Chad Milner Engineering Department City of Edina 7450 Metro Boulevard Edina, MN 55439 Re: Street project Morningside Neighborhood Dear Mr. Milner: Thank you for the presentation and update about the street project in and around my home at 4064 Sunnyside Rd, Edina. I was the resident that suggested a trial of the bump-outs proposed to narrow the street at the corner of Grimes and Sunnyside Rd. Another suggestion that came up while speaking with residents in the back of the room was a trial of stop signs at this same corner and losing the stop signs at Arden. It seems to me that there is a speed to a proposal (without considering alternatives and the testing of the proposal) that will impact the needs, wants or desires of the residents and ultimately the quality of life that we have enjoyed and moved to the area for. I would hope that the phrase "we can't do that because "would be replaced with "let's try that as a solution and see what impact it can make." While I have only attended the one meeting last night, from my observation the sentiment in the room last night was that not many of the neighbors are on board with your proposal of bump-outs and narrowing the roadways. I spoke with many of the residents that attended last night and for those of us on Sunnyside, Curve and Grimes none were in favor of narrowing the road from its current widths to 27 feet. It is an un-necessary cost to the residents to narrow the roadways. Your argument was the cost to maintain the extra 2 —4 feet of street. In my opinion, it is a weak argument and without a lot of merit. May I suggest if the City is concerned with maintaining an extra 2-3 feet of road, they pay to have the street narrowed or use the pavers money. If it were so important to narrow the roadways there are many more roads within Country Club that are wider than Sunnyside and Grimes. It seems to me that the overriding factor might be the City's desire to reduce pavement (per your Associate at the meeting last night) rather than the practicality and impact of the idea let alone imposing the cost on residents. Ultimately, because Sunnyside is a road into a major neighborhood (in all directions west, north and south of it) and with the commercial at the end of the street, it is going to be a well-traveled road in either direction just do to the amount of residents that reside in the area. Do you know from your traffic counts how many are actual residents are traveling to the coffee shop in the morning, then traveling to the dry cleaners in the afternoon and then running to the Co-OP at dinner time, making three trips back and forth along Sunnyside? Narrowing it would only create more congestion in conjunction with the parking and prolific biking that occurs along this road, while it may slow traffic, it may not change the pattern of traffic. Not to mention the build-up from snowplowing on a narrow street in the winter. Does the City intend on removing snow from the boulevards when it piles up so much and spills over the boulevard into my sidewalk after I had it was shoveled or you cannot see properly to pull out of the driveway? The proposed changes you indicated are heavily reliant on traffic counts and the residents' complaints that traffic was too fast on Sunnyside. When asked about accident or other data, you could not speak to it. I have lived on Sunnyside nearly 30 years, and have never seen or heard of a car accident or an accident involving a child or biker on the street. While there is an occasional driver that may go too fast, couldn't a posted sign at 25 miles an hour (even if it is a temporary trial) have an impact to slow down traffic? Couldn't we try that? I understand the pipes are to be replaced. However, I would assert this project be delayed until the right solution (s) could be researched properly and come to without a push to get the project done within the proscribed time frame. Since assessments are proposed at a range of approximately $9-12,000, I would hope that the City Engineers do not propose costs that could be avoided with a little more thought and consideration as to the needs, wants and practicality of the residents that live there rather than based on traffic counts that only tell a minimal part of the story. l for one, do not want to pay for something I think is not logical and un-necessary and lacks the voice and vote of the neighborhood. I do not support street pavers, narrowing the roadways or the bump-outs. I think there are other alternatives that need to be tried first, before such big money impacts are considered. The proposal that you are considering making to the Edina City Council is a hope that it changes the direction of the traffic to 44th, but remains unproven. Proper study would need to be done to see if the proposal would ultimately (or other suggestions) be of any impact. I would think at a bare minimum, trials of the bump-outs or stop signs at the corner of Sunnyside and Grimes and the posting of a 25 mile an hour sign along Sunnyside would give you better data to determine and prove results. Thank you for your consideration. Sincerely, Barbara Kochevar Resident at 4064 Sunnyside Rd. Heather Branigin From: Melanie A. Stratmoen <Melanie.Stratmoen@hennepin.us> Sent: Tuesday, December 08, 2015 3:12 PM To: Melanie A. Stratmoen Cc: Margo Geffen; Tonja K West-Hafner; Carol Stinar Subject: 2016 Coordinated Request for Proposals Hennepin County Community Works is improving the notification for the 2016 and future Coordinated Request for Proposals (RFP). The RFP will include funding from the Affordable Housing Incentive Fund (AHIF), Transit Oriented Development (TOD) Program, and Home Investment Partnerships (HOME) Program. To receive updates on the application process, please subscribe on the Hennepin County home page or on the Development request for proposals page at http://www.hennepin.usibusiness/work-with-henn-co/rfp. Melanie Stratmoen Community Works I Hennepin County Public Works 701 4th Avenue S, Suite 400 I Minneapolis, MN 55415 612-348-2216 I melanie.stratmoen@hennepin.us building long-term value through housing, transit, jobs and placemaking Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 Heather Branigin From: Benjamin Vickers <benjv@yahoo.com> Sent: Tuesday, December 08, 2015 12:56 PM To: James Hovland Subject: Ewing Street Parking Dear Mayor Hovland, We live on 6229 Ewing Avenue South. We absolutely love our neighborhood. It's a wonderful place. We are very concerned about the proposal to change parking to one-side of the street only. We live on the East side of the street, so now we will be faced with having cars parked in front of our house nearly every day. Looking at parked cars is not very appealing to us. More importantly, we believe it's a safety issue. There are a lot of families in our neighborhood (we have three small children) and our street can get a lot of traffic as people use it as a route to get to Strachauer park. By limiting parking to one side of the street, families with small children who are visiting someone on the West side of the street will now have to walk across the street. Having kids cross the street more than they would under current parking rules does not seem to maximize safety. I hope you will not support one-side of the street parking. Please put our children first! Sincerely, Benjamin and Kelly Vickers 1 Heather Branigin From: Ross Plaetzer <ross@employersolutionsgroup.com> Sent: Tuesday, December 08, 2015 3:58 PM To: James Hovland; 'mail@EdinaMN.gov'; 'kstaunton@EdinaMN.gov'; 'rstewart@EdinaMN.gov'; 'swensonannl@gmail.com; Mary Brindle Cc: Chad Millner Subject: Morningside Road Project Attachments: SESG 115120815060.pdf Mayor Hovland and Members, I am writing to support the Morningside Reconstruction plan proposed to the Board by the City's chief engineer, Chad Millner. Curb extensions, also called "bump outs" or shifts in pavement, have not been used much in the US, but have been widely used in Europe to calm traffic and improve safety. (See attachment to this email.) The use of curb extensions should be an effective traffic calming device on Sunnyside Road as planned. During the planning phase of this project, I talked with Mr. Millner twice and sent him 5 or 6 emails proposing different traffic calming options. I was unsuccessful each time. Nonetheless, I have to respect his final decision since he's an expert in this field and also used the services of an outside engineering consultant to aid the planning process. If we don't defer to experts in doing traffic design, why not just open the process up to residents and see what ideas get the most votes from the public then just have the Council adopt that plan. Finally, Sunnyside Road has carried more than its fair share of traffic for too long. Under the city's Living Streets Plan, Sunnyside is designated as a local connector road, while 44th Street is designated as a collector street. Official city traffic counts put daily average usage on Sunnyside at 3000 cars a day to and at 2900 for 44th Street. 44th is a Municipal Aid Road and is expected to carry greater volumes of cars daily than other streets. That's why the state helps fund it. The Municipal State Aid Street System (MSAS) is intended to be a mechanism to identify and fund a "backbone" system of collector and arterial streets. The city is allowed to identify roads to be built or upgraded to certain MSAS standards as part of this system. Edina receives Municipal 1 State Aid Street funds based upon the cost to construct these streets to the MSAS standards. These funds can then be used to construct the streets designated on the MSAS System. Streets must meet the following criteria to be selected for the Municipal State Aid System: -They are projected to carry a relatively heavier traffic volume or are functionally classified as collector or arterial streets. •They connect the points of major traffic interest within an urbanized municipality. •They provide an integrated street system. These streets generally act as collector or minor arterial streets carrying higher volumes of traffic. The city receives state gasoline revenues to be used to upgrade and maintain these streets to Municipal State Aid standards. Sunnyside carries far too many cars daily for the type of street it is. It's time 44th carried its fair share of the traffic volume in NE Edina. Please support the Reconstruction Plan as presented by Mr. Millner to the Board. Thank you. ROSS PLAETZER I 4058 SUNNYS1DE ROAD I CELL: 612.991.8896 2 Residential Street Standards & Neighborhood Traffic Control: A Survey of Cities' Practices and Public Officials' Attitudes Eran Ben-Joseph Institute of Urban and Regional Planning University of California at Berkeley Abstract The failure of the local street system to provide livability and safety in the residential environment can be seen in the application of neighborhood traffic management programs by local authorities to mitigate traffic problems. In order to further identify the extent of the conflict associated with "livability" and geometrical design of residential street, the following issues are examined: (1) Existing and proposed residential streets standards and regulations as practiced by various cities and their evaluation by public and city officials. (2) Traffic problems associated with residential streets and their mitigation through traffic management and control programs. Data are collected from Public Works and Traffic Engineering Departments of 56 Californian cities and 19 cities nation-wide. The findings show that most cities are still adhering to published street standards as recommended by different professional and federal organizations. Although some city officials see the need to amend certain aspects of their regulations and create a more flexible framework for street design, most of them believe that the current practice is satisfactory. Yet, the extant of residents' complaints about traffic problems on their streets might indicate an inconsistency between professional practice, as manifested in street design, and its actual performance as experienced by the residents. This can also be seen in the application of traffic control devices used by local authorities to mitigate these problems of which the most common are the installation of speed humps and 4-way stop signs. According to the cities' reports these techniques, as well as traffic diverters have the most effective results. Acknowledgments This research has been supported in part by the Institute of Transportation Studies at the University of California at Berkeley, and the University of California Transportation Center. I am also grateful for the guidance of Professor Michael Southworth at the department of City and Regional Planning and Landscape Architecture at the University of California at Berkeley. 1 Figure 33. Shift in Pavement Typical Application Reduction of traffic speed, and the rearrangement of street space, such as parking and sidewalks. Description Speed reduction is achieved by enforced turns and the interruption of drivers' forward views. Lateral shifts enforce the driver to make at least a 45 degree turn thus reducing speed. The lateral shift is often created by building alternating extensions in the pavement area. Alternate angle parking defined by permanent planters is another method used to achieve the lateral shift The shift must be no less than the width of the traffic lane, in a two-way street, the provision of sufficient roadway width at the shift might enable drivers to take the middle line, and thus avoid the speed reducing effect. This problem may be negated by dividing the roadway at the shift. 3. Shift in Pavement This European method of controlling traffic speed is still unpopular in the United States. Only three of the surveyed cites have used this device on their streets. Five cities indicate an interest and possible application in the future. (Figure 34) Figure 34. Application of Shift in Payment Used Not Used Planned 61(89%) 0 10 20 30 40 50 60 70 Number of Cities 38 The effects or impacts of using this device as noted by literature and the surveyed cities are: Speed and Volume Reduction European Studies show substantial decreases in speed at the shift. Results are compatible with those of speed humps. Survey Comments- Ineffective at reducing speeds (Cupertino) • This method reduced speeds and traffic volumes. (Garden Grove) Safety The design alters the linear character of the street and therefore requires proper signs and a high standard of street lighting. Planting is desirable to lessen the impact of the extended islands. The extended non-vehicular space allows for interesting street design and increased pedestrian utilization of the street. Standards and Guidelines Not covered in the Manual on Uniform Traffic Control Devices (MUTCD) Survey General Comments- • Have been considered- funding has been a problem as well as public acceptance. (Danville) • May be considered. (Sacramento) • Not used on public streets, but is used on some private streets. (Moraga) • Would consider. (Livermore) 37 Heather Branigin From: Jones, David W <david.w,jones@optum.com> Sent: Tuesday, December 08, 2015 4:16 PM To: Edina Mail Subject: Resident Complaint: Morningside A Neighborhood Roadway Reconstruction Dear Sir or Madam: I am writing to urge the City to re-consider its Morningside A Neighborhood Roadway Reconstruction project. I have four concerns: 1) Failure to Consider Opportunity Costs: The project seems to improve the tranquility of a neighborhood that is home to a very privileged few The notion that the City must invest $3M+ in improving one of the most privileged and tranquil neighborhoods in the city promotes the City's negative "Cake Eaters" reputation. 2) Failure to Address Root Causes: This project does not address the root cause of perceived high traffic counts on Sunnyside. If the City wants to address root cause issues the City should invest in improving the 50th/France interchange since motorists often take any plausible short-cut to avoid that intersection, including flying through the Country Club and Morningside neighborhoods. 3) Pedestrian Safety: The project engineers claim that narrowing Sunnyside will not drive traffic to other streets, but residents and practical observers know that is not true. It will drive more traffic to 44th and Wooddale, where traffic counts and rolling stops through intersection are already at a dangerous level. A neighbor's daughter was hit in the cross-walk at 44th/Wooddale in recent years. I and my 8 year old daughter were almost hit there 3 weeks ago. And a neighbor had a similar experience just this week. Again, any resident or practical observer will tell you that 44th and Wooddale desperately need traffic calming measures and more light to ensure the safety for local residents. In conclusion, I urge the City to reconsider this ill-conceived project and to consider instead investing in other pedestrian safety measures along the busy streets where it will make the most difference, including conducting an updated traffic study of the 44th/Grimes and 44th Wooddale intersections and investing in traffic calming measures along those routes. Thank you, David W. Jones 4385 Wooddale Ave. 651-262-3664 This e-mail, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately. Heather Branigin From: Elizabeth BeIlas <ebellas@earthlink.net> Sent: Tuesday, December 08, 2015 4:40 PM To: Edina Mail Subject: Strachauer Park A Neighborhood Roadway Reconstruction comments Attn: City Council and Engineering As a daily dog walker, the parent of two teenagers who have grown up in the neighborhood (one whom just today received his instruction permit for driving), and the wife of a bicycle commuter, I am writing to express my support for the 2016 Roadway Reconstruction Plan for Strachauer Park A. Traffic in the neighborhood, particularly on Beard and Ewing, can feel dangerously fast. This is certainly evident when there are events such as soccer games at the park, but it really occurs throughout the year. Narrowing the streets and moving to single side parking are appropriate actions to take to calm traffic in the neighborhood. Narrowing the streets is also a positive step towards improving water quality. By decreasing the amount of pavement, storm water runoff will decrease. I applaud the city's efforts in this area. A sidewalk on Beard will be a great addition to the neighborhood. In the 11 years we have lived here, several families with young children have moved to Beard. The sidewalk will be a welcome and safe route to Strachauer Park. Finally, taming the chaos at Beard Ave and Beard Place will be a welcome relief. I have seen near-accidents at that intersection numerous times. I am very happy that this safety issue will be corrected next summer. Thank you for your time, Elizabeth BeIlas 6016 Beard Ave S 1 Heather Branigin From: Laura Plaetzer <laura@plaetzer.us> Sent: Tuesday, December 08, 2015 5:17 PM To: James Hovland; Edina Mail; Kevin Staunton; Robert Stewart; Mary Brindle; swensonannl @gmail.com; Chad Millner Subject: Sunnyside Road Project We are unable to be at the meeting tonight. We, as stakeholders who live on Sunnyside, fully support the bum outs on Sunnyside. Please do not lump our bump outs with Curve. Many people on Sunnyside support the bump outs. I resent the idea that people with no traffic or engineering training can disrupt a plan put in place by the Chief City Engineer and an outside consulting firm. That is ludicrous! There has been a lot of behind the scenes disinformation circulating and inflaming people in the community. The more rational compromise is for the bump outs on Sunnyside to be put in place as well as a stop sign on Sunnyside and Curve. The people against the bump outs have teenage or early 20 drivers living at home and they are afraid of losing parking spaces. Please support the plan as stated for Sunnyside with the addition of a stop sign. Thanks, Laura Plaetzer 4058 Sunnyside Road 1 Heather Branigin From: Nancy Bush <nancyjenkinsbush@gmail.com> Sent: Tuesday, December 08, 2015 5:17 PM To: Mary Brindle; Kevin Staunton; James Hovland; swensonann1@gmail.com; bstewart@edinamn.gov Cc: Dan L Subject: Sunnyside Road project Thank you all again for your time on Saturday to discuss the issues on the docket for this evening. I live on the NW corner of Sunnyside and Curve Avenue and have been there for over 23 years. I am well aware of the driving and parking habits of those using Sunnyside having lived at this corner for so long. We have been asking for years, for some means of calming traffic on our street. After attending multiple sessions with the City engineer and seeing what is being proposed, we still maintain that stop signs and cross walks are in the best interest for all involved. Concerns for the proposed plan are: 1. it's untested and too permanent 2. I fear there will be side-swiping accidents at my corner now due to the 20' narrowing 3. my biggest concern is over the elimination of SIX parking spaces at my corner. Parking on our street is already a challenge with one side of the road parking and the plan proposes to eliminate parking at Curve Ave, at Townes Road and at Grimes. There are 22 houses along this stretch and with the proposed changes there will be about 12 available parking spots along this stretch of road. By putting stop signs and cross walks at Curve and at Grimes, we stay consistent with the rest of Sunnyside road as you travel west from Arden where there is an established pattern of stop signs. It makes no sense to drive east on Sunnyside road with a consistent pattern of stop signs until you hit Arden....then it's free sailing until you reach France Avenue. I think we all have the same end goal which is to have the safest streets possible. We just believe that on Sunnyside, stop signs and crosswalks would be more effective at Curve Ave and at Grimes to calm traffic and provide safe places for kids to cross the street. I am also in favor of a stop sign/crosswalk at 45th street at Grimes so kids can get to the park safely! Thank you! Nancy Bush 612-386-3846 1 Heather Branigin From: kkortz@att.net Sent: Tuesday, December 08, 2015 6:37 PM To: James Hovland; Mary Brindle; Kevin Staunton; Robert Stewart; Robert Stewart; swensonann1@gmail.com Subject: Property putchase The Normandale Lutheran Church has a pending purchase of the Cardarelle property at 6125 Wilryan Ave. The intended use of this property is yet to be defined or designated. The neighbors are concerned about the possible rezoning of this property from its residential status. This is and has been a residential neighborhood. The church already owns an adjoining property at 6109 Wilryan and it is strictly a rental use property. This is to advise the council of the concerns of the neighbors as to its future use. There may be more to come. 1 Heather Branigin From: Jacobson, KRISTEN <kjacobson@bayada.com> Sent: Tuesday, December 08, 2015 10:39 PM To: James Hovland Cc: Mary Brindle; Kevin Staunton; Robert Stewart; swensonann1@gmail.com Subject: Thank You To Mayor Hovland and the Edina City Council Members, I would like to express my sincere appreciation regarding the vote this evening for the Strachauer Neighborhood Project. This entire process has been a learning opportunity and it was fun to see the Parliamentary System in play again. This has been an excellent first city council meeting experience. I thoroughly enjoy being a part of this vibrant Edina community and look forward to many more years here. With Regard, Kristen Jacobson RN BAYADA Pediatrics Clinical Manager [Compassion, Excellence, Reliability]<http://bhhc.co/BAYemail site> [Facebook]<http://bhhc.co/BAYemail fb> [Twitter] <http://bhhc.co/BAYemail tw> [Linkedln] <http://bhhc.co/BAYemail LI> [YouTube] <http://bhhc.co/BAYemail yt> CONFIDENTIALITY NOTICE: This email may contain information belonging to BAYADA and is protected by law. Do not forward, copy, or otherwise disclose to anyone unless permitted by BAYADA or required by law. If you are not the intended recipient, please notify the sender immediately. 1 Heather Branigin From: Jennifer Janovy <jjanovy@outlook.com> Sent: Wednesday, December 09, 2015 8:52 AM To: Edina Mail Subject: Please forward to City Council Dear Edina City Council members: At the Town Hall meeting on Saturday, December 5, I mentioned as a preface to my comment that Council members lack individual authority and that the mayor of a statutory city, as a member of the City Council, has some additional responsibilities but not meaningful additional power. One of you stated that the mayor votes to break a tie. That didn't sound right, but I said it could be looked up. I did look it up and here is what the LMC publication "Role with It: Individual versus Council Authority" says: A frequent misconception is that mayors have more power than other council members. The mayor is the official head of the city, and he or she speaks for the city government and presides over council meetings. The mayor also breaks a tie vote when filling council vacancies, and can make some other appointments such as park board members subject to council approval. The mayor has no individual authority over city staff. Truthfully, mayors of statutory cities have very limited additional powers. Outside of a few exceptions, the mayor cannot act without council approval. The tie-breaking vote is limited to votes to fill council vacancies. LMC has a webinar on individual versus council authority that you may find interesting. It can be viewed at http ://www. lmc. org/p age/ 1 /RoleWithIt-materials.j sp. Thank you. Jennifer Janovy 1 Heather Branigin From: Jim Young <jimyoung@metrohardwoods.com> Sent: Wednesday, December 09, 2015 9:09 AM To: Edina Mail Subject: LAST NIGHTS MEETING / AT 6133 BEARD AVE SO. I AM SO DISAPPOINTED AT OUR CITY COUNCIL TO CHANGE MY AVE THAT I HAVE LIVED AT FOR THIRTY YEARS. HOW COULD YOU 3 ON THE LEFT SIDE OF THE BOARD LAST NIGHT MAKE ME WANT TO MOVE I HAVE BEEN INVOLVED WITH THE COMMUNITY CENTERS WOODSHOP FOR 14 YEARS TEACHING NEW PEOPLE THE LOVE OF WOODWORKING . KNOW I WILL NOT BE THERE ANY MORE. I HAVE HELPED AT THE PARK BY PUTTING IN THE LIVE PLANT BERMS IN OUR PARK SOME YEARS AGO I HAVE DONATED MY TIME FOR OUR CITY TO HELP OTHER PEOPLE IN OUR CITY. GUESS WHAT I WILL NOT BE DOING THAT EITHER. THECOUNCILMAN ON THE LEFT SIDE OF THE BOARD I WILL NEVER FORGET, HOW IF I WAS THERE AND CHANGING HIS STREET! YOU NEED TO TAKE THE MONEY AND INVEST IN MORE POLICE PERSONAL TO PATROL OUR ROAD ON BUSY OCCASIONS. I STILL CANT BELIEVE WHAT YOU ALL HAVE DONE TO ME AND MY FAMILY YES WE NEED NEW ROADS THAT IS ALL!!!! THE SAFETYNESS OF OUR LITTLE CORNER IS NOT AT ALL!! WE CALL THE PARK THE INTERNATIONAL PARK IT STARTS AROUND 7AM ON GOES INTO THE NIGHT PAST 10PM MY HOME IS ALWAYS CLOSED UP DUE TO ALL THE KERSING THAT GOES ON AT THE BASKETBALL COURT THE CONSTANT BANGING OF THE BALL HITING THE COURT THE YELLING . THERE COMING OVER TO MY HOUSE AND THE NIEGHBOR LADIES WHO IS 87 YEARS OLD FOR WATER AND WHAT EVER ELSE WE CAN GIVE THEM. OH AND LETS NOT FORGET THE SOOCER MOMS AND DADS THAT ALWAYS ENTERRUPT WHAT WE ARE DOING SO THERE KIDS CAN USE OUR BATHROOM AND GET ICE WATER FOR THERE KIDS THERES A STOP SIGN THERE THAT MOST ALL PEOPLE WHO TRAVEL THREW, ITS JUST A SUGGESTION. THE DRUG DEALS WE SEE ARE COUNTLESS. BY SHORTENING OUR WIDTH OF ROAD ONLY INCREASES ABBOTT ,CHOWEN,AND EWINGS TRAFFIC. AND A SIDEWALK WILL ONLY INCREASE WALKING TRAFFIC FORM UPCOMING SOUTH MINNEAPLOLIS BASKETBALL STARS AND DUMPING THERE GARBAGE ON THE GRASS AND STREET. WHEN MY WIFE AND I MOVED HERE IN THE 80S WE LOVED THAT THE STREET AND HOMES LOOK GREAT NOT LIKE A CITY HERE IS MY PHONE NUMBERS WORK 763- 391- 6747 HOME 952-927-0055 WE ARE SO READY TO SELL KNOW. THANKS TO YOUR DECESIONS WHO DON'T LIVE HERE JiAtv Youing, MetroHARD WOODS 9540 83rd Avenue North • Maple Grove, MN 55369 • Phone: 763.425.9293 ext 747 • Fax: 763.391.6741 1 From: Common Sense Edina [mailto:commonsenseforedina0gmail.com] Sent: Monday, December 07, 2015 5:57 PM To: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann10gmail.com Cc: Scott H. Neal; Kay McAloney Subject: Common Sense for Edina - The Minnesota Veterans Preference Act (VPA) The city of Edina has no formal veterans hiring preference which may be in violation of State law i.e. the VPA (see below). Regardless of state law the City of Edina should do the right thing and have a veterans hiring preference similar to other communities like Minneapolis, St Paul, Richfield, Bloomington, Eden Prairie, Minnetonka and a list of other communities. Today marks the anniversary of the attack on Pearl Harbor on Dec 7, 1941. To honor veterans I would again suggest the City of Edina take action to further honor the sacrifice of veterans and have a veterans hiring preference. David Frenkel The Minnesota Veterans Preference Act (VPA) http://mn.gov/mdvairesources/employment/statelaws.jsp Veterans Get Edge in Hiring for Civil Service Jobs http://kstp.com/articieistories/s3661465.shtml How the point system works: If someone has served active duty for 180 days with an honorable or general discharge, you take the civil service test. If you get a passing grade and you're a vet, you get 10 points. If you're a disabled vet you get an extra 5 points, so a total of 15 points. The civil service test is based on 100 points. For city, county, state and federal agencies, the law isn't optional. At least one city, St. Paul, has been sued for misinterpreting the law. 2 Heather Branigin From: Debra Lee <debraylee@gmail.com> Sent: Wednesday, December 09, 2015 9:46 AM To: Edina Mail Subject: Townes Circle project Thank you for your time last night!! We have been residents for almost 30 years and love the wonderful life Edina has provided for us and our children - we have the most wonderful public services departments and we are so thankful!!! That said my husband and I would just like to reiterate our concern for the size of the assessment and concern for the size of the cul de sac which has been a gathering spot for neighbors and White Oaks Association picnics- currently the cul de sac only provides for 6 parking spaces so if Chad says we are going to lose a few parking spaces that is a big impact on us!!! More importantly the circle provides a safe spot for our children to play but with 8 homes using the circle - picture 3 lawn services with big tractors or 2-3 garbage trucks and recycling plus other Fed ex the postal service and everyday maintenance people the cul de sac fills up as coming up the private drive is difficult for most trucks- so they is a lot of action in the cul de sac so in order for residents to safely leave their homes snd not have their entrances blocked it is very important to keep the size and parking spaces available- please reconsider - from our view it looks like the assessment is almost twice other assessments and the circle is going to be smaller - no added lighting- very dark on Townes Rd from circle to Sunnyside and the city is no longer going to take care of the private drive which we would gladly deed over to the city- all of our neighbors treasure our green space and wooded areas - we even have an undeveloped lot to the east of us - we have been a walking area for all the neighbors who enjoy the marsh and woods and an occasional stroll up the private drive is please sometimes change us just change and does not improve -thank you for your time- I know that you really are seeking the best solutions snd we appreciate your work - have a great day!!! Debbie and George Lee Sent from my iPhone 1 Heather Branigin From: Common Sense Edina <commonsenseforedina@gmail.com> Sent: Wednesday, December 09, 2015 10:12 AM To: Scott H. Neal Cc: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1 @gmail.com; Kay McAloney Subject: Re: Common Sense for Edina - The Minnesota Veterans Preference Act (VPA) The state of MN has had a veterans preference law since 1974 with several major revisions in 2004, 2005 and 2015. In all that time the city of Edina has never had their veterans policy put on the city web site. Numerous other municipalities in the Twin Cities including Bloomington where the current HR manager came from have the veterans preference information on their web sites. The League of MN cities has a document on Veterans Preference in Hiring and has the following guidance: The city must notify veterans of the availability of preference points. This is often achieved by including a Veterans Preference form in the application materials. http://www.lmc.org/media/document/1/vetpreffsll.pdf?inline=true The city of Edina currently does not follow the LMC guidance by having the veterans preference policy on its web site or in the application process which only asks if the applicant is a veteran. The city of Edina is competing for qualified veteran candidates with other organizations and if the veteran does not see a veterans policy on the city of Edina web site they may not bother applying. Asking a veteran candidate to come to city hall to see the veterans policy is not realistic especially if they are not currently living in MN or are on active duty. I am requesting to see an electronic copy of the City of Edina veterans hiring policy. I requested to see the policy last spring but I received no response. The City of Edina should do the right thing and have the veterans hiring policy on the city web site so veterans can easily search for the policy. Here is a list with links to some of the MN municipalities that have their veterans hiring policy on their cities web site: Bloomington https://www.bloomingtonmn.gov/hr Minnetonka http://eminnetonka.com/veteran-s-preference-for-jobs-with-minnetonka Minneapolis http ://www.ci.minneapolis.mn.us/j obs/resource/WCMS1Q-074702 St Paul https ://www.stpaul.govidepartments/human-resources/employment/how-apply Maple Grove http://www.maplegrovemn.gov/departments/human-resources/veteran-s-preference-information/ David Frenkel Scott H. Neal <sneal(&,edinamn.gov> to Lisa, me, Kay Mr. Frenkel Dec 7 (2 days ago) If you'd like to learn about the City's hiring practices for veterans, please feel welcome to come to City Hall and visit with us. We'd be happy to inform you. Scott Neal, City Manager 952-826-0401 I Fax 952-826-0390 sneal@EdinaMN.gov I www.EdinaMN.00v On Mon, Dec 7, 2015 at 6:28 PM, Scott H. Neal <sneal@edinamn.gov> wrote: Mr. Frenkel's assertion is completely untrue. The City of Edina is in full compliance with State Statutes regarding hiring veterans. Scott Neal, City Manager 952-826-0401 I Fax 952-826-0390 sneal@EdinaMN.gov www.EdinaMN.00v The City of Edina was named one of the SkIr Tribune 's Top Workplaces in 2015! TOP VN/0 R • • Pi.,ACES 2 From: Common Sense Edina [mailto:commonsenseforedina(agmailxorn] Sent: Monday, December 07, 2015 5:57 PM To: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1(agmail.com Cc: Scott H. Neal; Kay McAloney Subject: Common Sense for Edina - The Minnesota Veterans Preference Act (VPA) The city of Edina has no formal veterans hiring preference which may be in violation of State law i.e. the VPA (see below), Regardless of state law the City of Edina should do the right thing and have a veterans hiring preference similar to other communities like Minneapolis, St Paul, Richfield, Bloomington, Eden Prairie, Minnetonka and a list of other communities. Today marks the anniversary of the attack on Pearl Harbor on Dec 7, 1941. To honor veterans I would again suggest the City of Edina take action to further honor the sacrifice of veterans and have a veterans hiring preference. David Frenkel The Minnesota Veterans Preference Act (VPA) http://mn gov/mdva/resources/employment/statelawsjsp Veterans Get Edge in Hiring for Civil Service Jobs http://kstp.com/article/stories/s3661465.shtml How the point system works: If someone has served active duty for 180 days with an honorable or general discharge, you take the civil service test. If you get a passing grade and you're a vet, you get 10 points. If you're a disabled vet you get an extra 5 points, so a total of 15 points. The civil service test is based on 100 points. 3 For city, county, state and federal agencies, the law isn't optional. At least one city, St. Paul, has been sued for misinterpreting the law. 4 Heather Branigin From: Wayne Vander Vort <wvandervort@isurtec.com> Sent: Wednesday, December 09, 2015 11:17 AM To: Edina Mail Cc: Wayne Vander Vort Subject: Edina City Council Importance: High Honorable James Hovland City of Edina 4801 West 50th Street Edina, MN 55424 Dear Major Hovland: I am writing you as Mayor expressing our deepest and most respectful appreciation for the two Edina Paramedics that responded to our 911 call on Saturday, December 5, 2015 at approximately 6:30 am. My wife, Nancy, thought she was having a heart attack. The response time was within a few minutes and the Paramedics got her to Abbott Northwestern Hospital in a timely and comfortable manner. The two Paramedics were professional to the highest standards plus having exceptional compassion and a comforting personality that relaxed my wife under these serious circumstances. This is the first time calling 911 in my 56 years living in Edina. I am most grateful for these two men and all the other public servants of Edina. Under these tense moments, we failed to get the names of these to remarkable Paramedics. I respectively request sharing this appreciation with the other members of the Edina City Counsel and also passing it on to the Edina Fire Chief, Tom Schmitz, so he can personally recognize these two Paramedics. Wayne Wayne A. Vander Vort. J.D. 4525 Gifford Drive Edina, MN 55435 1 Heather Branigin From: Michael Feldman <feldm004@umn.edu> Sent: Wednesday, December 09, 2015 11:35 AM To: Edina Mail Cc: Diane Feldman Subject: Fwd: Roadway reconstruction at Sunnyside and Grimes Begin forwarded message: From: Michael Feldman <feldm004@umn.edu> Subject: Fwd: Roadway reconstruction at Sunnyside and Grimes Date: December 9, 2015 at 11:34:18 AM CST To: mailAedinamn.qov Cc: Diane Feldman <dwfeldman2@comcast.net> From: Michael Feldman <feldm004gumn.edu> Subject: Roadway reconstruction at Sunnyside and Grimes Date: December 9, 2015 at 11:31:48 AM CST To: mailgedinamn.gov Cc: Diane Feldman <dwfeldman2Acomcast.net> Dear Mayor, City Council of Edina, and Department of Road Engineering, We sat through all of last evening's presentations, impressed at your willingness to work on behalf of all of us, and appreciative of your efforts to parse the recommendations of the many projects submitted last evening. We live at 4083 Sunnyside Rd, which should have been shown on figure 18 to the west of 4081 Sunnyside. That omission of consideration of our property is exactly what we think about the project under discussion, as the implications of placing a bump out directly to the east of our narrow driveway was not sufficiently considered. The road in front of our house has no parking. At the curb cut at our address Sunnyside Rd is currently only 24 feet wide. We would have even more difficulty getting out of our narrow driveway with the plan for narrowing the road unless the north side bump out ended more abruptly. We were told that our very good city plows could get the snow plowed curb to curb, but due to the crowned road at that intersection it has never been able to be plowed closer than 2 feet from the curb. That means that the bump out would be more like 5 feet into the street. A second concern is that the west edge of the planned bump out, next to our driveway, will cause even more snow to pile into our driveway, as the plow tried to execute a narrow turn. Currently snow plows at this intersection travel to remove snow from the west on Sunnyside and from the north on Grimes. There does not seem to be a way to avoid that and we have worked with that department to get the snow removed as much as possible. Often we have to plow the street in addition to our drive just as a way to get the snow out of the way. There is a utility pole to the west of our driveway so we aren't able to change the shape of the driveway unless that pole is moved; that means even less area to dump snow. In addition people tend to drive right up onto bump outs, knocking apart the curb. Our house is located at the highest point of Sunnyside Rd. Water flows both East and West from out driveway, but primarily East. If a bump out is installed, it will be an effective dam, backing up water further onto out apron. A bump out isn't something that could be temporarily put in for a year or two to see if it is effective. We are against it on the south side of Sunnyside at this complex T intersection. We like the idea of traffic calming and wonder why a neck choke was never tried at Wooddale or Arden and Sunnyside if it was considered a solution. A third issue was about emergency vehicles having difficulty making it down the street to our home. If a fire or emergency were to occur where would those vehicles go? There is no parking and no way into the driveway as you have configured the bump out. Already when a garbage truck stops to pick up garbage and a school bus rounds the corner from Grimes there is no way to get through. We heard a lot of discussion of walking and biking needs, but we are equally in need of assurance that we would be safe in an emergency, and that we would have safe, easy access to our driveway. We are supportive of marked crossings at the intersection of Sunnyside and Grimes. The white marked crossings at 44th and Grimes are visible. Marking these crossings would be another way to develop awareness that cars need to stop for pedestrians in marked crosswalks, and would also serve to calm traffic. We invite you to come over to our home, and see for yourselves the difficulty we currently have entering and existing our driveway. We agree that some traffic calming strategies work well in many situations, but do not believe that narrowing Sunnyside ay Grimes is a viable solution. We would like to set up a meeting to go over our concerns, as actually being at the intersection would make it easier for discussion and mutual understanding. Please provide us with the name of a contact, so we can arrange a visit both before and after it snows. Diane and Michael Feldman 4083 Sunnyside Rd Edina, MN 55424 2 Heather Branigin From: Common Sense Edina <commonsenseforedina@gmail.com> Sent: Wednesday, December 09, 2015 12:44 PM To: Scott H. Neal Cc: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1 @gmail.com; David Nelson Subject: Re: Mobile Truck Scales If the city of Edina owns a truck scale why is it such a secret? There is no mention of this capability anywhere on the city of Edina web site. I have spoke to numerous residents over the years about over weight trucks and nobody appears to know of this scale. Does the EPD track how often the scale is used, where it is used and how many citations have been issued? With dozens of houses that haven been torn down in my community in the past few years and with all kinds of heavy vehicles it would be nice to know what the procedure is for the use of the scale. To respond to your comment in your blog earlier today: Since some of the angriest people in town are in our collective face so much, it can seem like everyone in the community is either unhappy or unsatisfied or both. http://blogs.edinamn.dovinot-evervone-is-angrVi You are framing people who want change, don't agree with city policy, or have tough questions as being angry. I moved to Edina because of my children and my highest priority is the safety of my children. I have seen numerous safety issues in Edina, some have been corrected, and several more need to be addressed including what appear to be overweight trucks in the community. I have attempted to have a constructive dialogue on the issues but having the city manager call me wrong and angry is not constructive nor professional for a public employee. David Frenkel On Wed, Dec 9, 2015 at 9:45 AM, Scott H. Neal <sneal@edinamn.gov> wrote: Good Morning Everyone — At the Town Hall Meeting on Saturday morning Mr. Frenkel made a particularly forceful statement accusing the City of poor stewardship of its streets and roads because the City did not own a mobile truck scale. He mentioned that Plymouth has such a scale. Mr. Frenkel is wrong. The City of Edina owns and operates a mobile truck scale. We have a Police Officer trained and certified to use the scale. We have a protocol about how complaints are received and investigated. We use the scale throughout the year, but mostly during the spring when streets and roads are at the most vulnerable to damage from overweight vehicles. Scott Scott Neal, City Manager 952-826-0401 I Fax 952-826-0390 snealnEdinaMN.qov I www.EdinaMN.qov The City of Edina was named one of the Star Tribune 'a Top Workplaces in 2015! TC)P From: Common Sense Edina [mailto:commonsenseforedina(agmail.com] Sent: Monday, December 07, 2015 5:57 PM To: James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1gmail.com Cc: Scott H. Neal; Kay McAloney Subject: Common Sense for Edina - The Minnesota Veterans Preference Act (VPA) The city of Edina has no formal veterans hiring preference which may be in violation of State law i.e. the VPA (see below). Regardless of state law the City of Edina should do the right thing and have a veterans hiring preference similar to other communities like Minneapolis, St Paul, Richfield, Bloomington, Eden Prairie, Minnetonka and a list of other communities. 2 Today marks the anniversary of the attack on Pearl Harbor on Dec 7, 1941. To honor veterans I would again suggest the City of Edina take action to further honor the sacrifice of veterans and have a veterans hiring preference. David Frenkel The Minnesota Veterans Preference Act (VPA) http://mn.gov/mdvalresources/employment/statelaws.j sp Veterans Get Edge in Hiring for Civil Service Jobs http://kstp.com/article/stories/s3661465.shtml How the point system works: If someone has served active duty for 180 days with an honorable or general discharge, you take the civil service test. If you get a passing grade and you're a vet, you get 10 points. If you're a disabled vet you get an extra 5 points, so a total of 15 points. The civil service test is based on 100 points. For city, county, state and federal agencies, the law isn't optional. At least one city, St. Paul, has been sued for misinterpreting the law. 3 Date: December 15, 2015 Agenda Item #: B.1. To:Mayor and City Council Item Type: Minutes From:Michael Frey, Art Center General Manager Item Activity: Subject:Minutes: Arts and Culture Commission, October 22, 2015 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Please review the minutes from the Arts & Culture Commission meeting of October 22, 2015. ATTACHMENTS: Description Minutes: Arts & Culture Commission, October 22, 2015 Edina Arts and Culture Commission Meeting Meeting Minutes City of Edina, Minnesota Edina City Hall Community Room October 22, 2015 4:30 P.M. I. Call to Order Mr. Frey advised the Arts and Culture Commission meetings are now being recorded. Vice Chair Miller called the meeting to order at 4:30 p.m. II. Roll Call Commissioners Present: Cheryl Gunness, Dana Lappin, Barbara La Valleur, Daniel Li, Anne Miller, Kitty O’Dea, and Steve Suckow. Commissioners Absent: Kandace Ellis and Ray Meifert. Staff Present: Michael Frey, General Manager, Edina Art Center; and, MJ Lamon, Project Coordinator and Human Rights & Relations Commission Staff Liaison. Students Representatives Present: Olivia Chen and Farhia Osman. III. Introductions A. New Student Representatives Olivia Chen and Farhia Osman Vice Chair Miller welcomed Student Representatives Olivia Chen and Farhia Osman. At the invitation of Vice Chair Miller, each Commissioner, student representatives, and staff members introduced themselves and described their interests and work tasks. IV. Approval of Meeting Agenda Vice Chair Miller noted the meeting agenda had been circulated and asked if there were requests for additions or changes. No additions to the agenda voiced. Motion by Commissioner Suckow and seconded by Commissioner La Valleur that the Arts and Culture Commission approve the October 22, 2015 Agenda as presented. Ayes: Cheryl Gunness, Dana Lappin, Barbara La Valleur, Daniel Li, Anne Miller, Kitty O’Dea, and Steve Suckow. Motion carried. V. Adoption of Consent Agenda B. Approval of Minutes – Regular Meeting of August 27, 2015 C. General Manager’s Report D. Music in Edina E. Public Art Edina Vice Chair Miller asked if there were changes or corrections to the minutes of the Regular Meeting of August 27, 2015. No changes voiced. Motion by Commissioner Suckow and seconded by Commissioner O’Dea that the Arts and Culture Commission approve the Consent Agenda as presented. Ayes: Cheryl Gunness, Dana Lappin, Barbara La Valleur, Daniel Li, Anne Miller, Kitty O’Dea, and Steve Suckow. Motion carried. VI. Community Comment No comments made. VII. Reports/Recommendations A. Human Rights & Relations Commission Report – Chair Pat Arseneault and Liaison MJ Lamon Human Rights & Relations Commission (HR&RC) Chair Pat Arseneault explained that the Edina HR&RC has been talking about what is occurring at the Minnesota Capitol relating to its renovation and what will happen with the art at the Capitol. She explained that an Eden Prairie Human Rights representative asked whether the Edina HR&RC was interested in attending their meeting with Healing Minnesota Stories, a group that promotes healing between Native American and Non-native Minnesotans. They are also involved in the Capitol renovation as its art currently tells a narrow history of the State, most of the artwork is from the 1900’s when the Capitol was built, some is offensive to Native Americans, and is not historically accurate or reflect the State’s diversity. HR&RC Chair Arseneault stated a discussion is now underway on what to do with this artwork, which is under the auspices of the Minnesota Historical Society. The Minnesota Historical Society has indicated the Capitol is not a museum and maybe the art should be located elsewhere. The goal of Healing Minnesota Stories is to raise awareness, influence what will happen with the art, and how the Capitol will look after renovation. HR&RC Chair Arseneault stated the Eden Prairie Human Rights representative indicated they would like to jointly issue a statement supporting the Healing Minnesota Stories petition. The Healing Minnesota Stories petition is putting these changes forward: 1. Remove offensive, traumatizing paintings from the Capitol, including The Discoverers and Civilizers Led to the Source of the Mississippi, Father Hennepin Discovering the Falls of St. Anthony, the Signing of the Treaty of Traverse des Sioux, and The Battle of Kildeer Mountain; 2. Find a new home for the Capitol art that is removed, where it can be remembered and interpreted; 3. Better interpret the Capitol’s remaining historic art, preferably with interactive touch screens; 4. Provide more in-depth training for Capitol tour guides on the art’s history and meaning; and, 5. Add new Capitol art that reflects and honors Minnesota’s current ethnic and cultural diversity. HR&RC Chair Arseneault stated they will take up this issue next Tuesday and decide whether to sign a joint letter with area Human Rights Commissions. She asked the Arts and Culture Commission to consider whether it would be supportive to sign the Healing Minnesota Stories petition. Commissioner La Valleur asked if there is a budget to purchase new art for the Capitol. HR&RC Chair Arseneault stated she is unsure whether the Minnesota State Capitol Preservation Art Subcommittee was asked to look into budget questions. Commissioner O’Dea stated while this is a worthy cause for the HR&RC; she does not find that it fits with the Arts and Culture Commission’s mission. Commissioner La Valleur stated she has long considered that the Capitol artwork could be offensive to Native Americans and thinks it would be all right to show a vote of support for the consideration. Vice Chair Miller asked if the Arts and Culture Commission is being asked to sign the petition. HR&RC Chair Arseneault stated her intent tonight was to provide information and ask whether the Arts and Culture Commission would want to look into appropriate replacement art that reflects the State and its diversity. Mr. Frey stated this will be considered by the HR&RC on Tuesday. HR&RC Chair Arseneault stated that is correct and noted the HR&RC has been on record to support the mission of Healing Minnesota Stories. She explained this group is an outgrowth of St. Paul Interfaith Network and has teamed with elementary schools on specific projects relating to the view of Native Americans. HR&RC Staff Liaison Lamon stated they also partnered with Ms. USA who has been using the Capitol art initiative to help them get publicity and awareness. She explained the City is discovering there is overlap between Boards and Commissions so all of the Chairs and Liaisons will be meeting together to talk about their plans and how to best work together. Mr. Frey stated that meeting is Monday, October 26, 2015, scheduled for two hours, and will be led by City Manager Scott Neal. Vice Chair Miller thanked HR&RC Chair Arseneault for providing this information. Novus Software Training Project Coordinator Lamon explained the City is moving towards a paperless system so future Arts and Culture Commission meeting packets will be available through a Novus portal. She provided training on Novus, an agenda management software program, and interactive component whereby Commissioners can insert notes. Project Coordinator Lamon answered questions of the Commissioners. Mr. Frey stated the Commission’s agenda has been in the same format for many years but with Novus, approval of the meeting minutes will no longer be included within the Consent Agenda. Project Coordinator Lamon described how Commissioners will receive notice when the meeting packet is available for review. B. Grandview ‘Strawman’ for the Performing Arts – Chair Meifert Mr. Frey stated the report is specific to the performing arts; however, conversations are ongoing relating to what the arts in entirety will look like at Grandview. He read the five selected areas identified in Chair Meifert’s report and stated the assumption is that the performance space at Grandview will be a flexible 300-seat theater. In addition, the Chair proposes to establish a board of directors to assure the space is properly managed. Mr. Frey stated there have been ten years of conversations about this 3.3 acre Grandview site but significant progress is now being made and the programming of the space will be considered in the next six months, of which he will be an active participant. Mr. Frey indicated Mr. George Sutton has reviewed Chair Meifert’s report and the intention is that eventually it will be forwarded along with all the documents to Parks & Recreation. He encouraged Commissioners to send him a message if they’d like to see any changes made to this information. Commissioner O’Dea asked about an Arts Center. Mr. Frey stated that question was also raised by Vice Chair Miller and while it goes without saying, perhaps, reference should be added. Commissioner O’Dea asked whether identifying five selected areas will be considered as being focused or as being a lot to take on. She stated she viewed it as a significant list. Mr. Frey stated that is a point well taken, as it is a broad scope. Commissioner O’Dea stated there could be mention of flexibility to handle those endeavors. Vice Chair Miller asked Mr. Frey to include the Art Center in the Commission’s vision of Grandview. Commissioner Gunness asked if it is considered to be part of the performing theater. Mr. Frey stated he will look at the wording so it is more specific. Commissioner La Valleur stated Commissioner O’Dea makes a good point and she agrees the same thing is needed for the Art Center and other aspects, making this one piece of a five-part consideration. Mr. Frey advised that some of those parts have already been written. Vice Chair Miller stated the first part is the inclusive idea of a new performing arts center and then this report narrows it down to just the theater component. Mr. Frey agreed the focus is only on the theater but the comments made are well taken so he will relay that information to Chair Meifert. Commissioner La Valleur provided an explanation of this consideration and description of the location to the Student Representatives. Vice Chair Miller suggested they also be provided with the written reports. C. Communication & Website – Commissioner O’Dea Commissioner O’Dea described her work to create a community events arts and culture calendar. She reviewed the primary objective to communicate what is going on in the community. Commissioner O’Dea stated the survey asked what information should be included in an arts and culture website. The responses were a calendar of events, help in donations, volunteer, things sponsored by the City, things that happen in the City. She presented a website page design that could be used as a model and refined over time to make it more sophisticated. Commissioner O’Dea stated the initial feedback from Communications and Technology Services Director Jennifer Bennerotte is that the City is disciplined in what goes on its website to assure it is high quality and can be managed. She stated she will be working with Ms. Bennerotte since this website has a broader objective and will include non-City sponsored events. Commissioner La Valleur stated she met with Commissioner Ellis and Vice Chair Miller on the website and contacted the Edina Community Foundation about their new website that did not cost them anything. She stated her understanding that BuildYourSite.com builds the website, gets the domain name, and then manages it. Commissioner Gunness agreed there are resources to create a website for free or at a low cost. Vice Chair Miller asked whether the Arts and Culture Commission can have an independent website. Commissioner O’Dea stated she will raise that question with Ms. Bennerotte along with who will update the site. She stated she will provide a report on that meeting to Mr. Frey. Mr. Frey explained that the Music in Edina Working Group has discussed using some of its resources to have an intern staffed at the Edina Art Center who will accumulate information to post to a website. Commissioner O’Dea displayed a poster created by artist Adam Turman that was commissioned by the St. Louis Park Chamber of Commerce and sold for $25 each as a fundraiser for the Meadowbrook Cooperative. She suggested this type of poster could be created for Edina and used for a fundraiser. D. Ways & Means Report – Commissioner Miller Vice Chair Miller stated they met and talked about soliciting donations with focus to collect data on 25 businesses located in Edina. She stated Chair Meifert has indicated he is very willing and eager to do some fundraising along those lines so they will be gathering information to provide direction and create momentum. They also discussed grant writing opportunities. Commissioner La Valleur stated there are a lot of wealthy companies headquartered in Edina. Vice Chair Miller agreed, noting there are local, national, and international companies. VIII. Correspondence and Petitions Vice Chair Miller asked if there was any correspondence or petitions. None voiced. IX. Chair and Board Commissioner Comments Commissioner La Valleur announced the Promanade is open and fabulous. She stated the Public Art Edina Working Group voted on the next art wrap utility box for the southwest corner of 50th and Wooddale. The back side would be visible from the Veterans Memorial and the front side from St. Stephen’s Church. Because there was a tie vote within the Public Art Working Group, Mr. Frey suggested the Art and Culture Commission vote to break the tie. Commissioner La Valleur displayed colored graphics of the two top vote getters, one depicting a robot and one a nature scene. Commissioner Gunness stated her support of the robot wrap but concern with this location so she would support the other option. Following a show of hands, 3 votes were cast for the robot design and 5 votes were cast for the nature scene. It was noted that all of the entries will be saved for future locations. Mr. Frey provided a handout from City Manager Neal describing the best way for advisory Boards and Commissions to communicate with City Council. Commissioner O’Dea informed the Commission of a recent About Town article indicating that due to lower profits at Edina’s liquor store there is potential for an 8% property tax increase. She noted that the liquor store also funds the Edina Art Center, in part. Commissioner Gunness stated at the last meeting there was discussion of the Art on the Go Subcommittee. She stated she is prepared to chair that group and will soon be calling a meeting. Commissioner Gunness announced that TEDxEdina, an independently organized TED event, will be on Saturday, October 24, 2015, at the Edina Community Center, and tickets are sold out. The talks will be videotaped and uploaded to the TEDxEdina website. Vice Chair Miller congratulated Commissioner Gunness on this accomplishment. Commissioner La Valleur stated she attended the France 71 opening and recommended all stop in to view this beautiful art gallery. X. Staff Comments No comments. XI. Adjournment Motion by Commissioner Suckow and seconded by Commissioner La Valleur that the Arts and Culture Commission adjourn the meeting at 5:51p.m. Ayes: Cheryl Gunness, Dana Lappin, Barbara La Valleur, Daniel Li, Anne Miller, Kitty O’Dea, and Steve Suckow. Motion carried. Date: December 15, 2015 Agenda Item #: B.2. To:Mayor and City Council Item Type: Minutes From:Joyce Repya, Senior Planner Item Activity: Subject:Minutes: Heritage Preservation Board, November 10, 2015 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: Attached are the November 10, 2015 Heritage Preservation Board minutes for your information. ATTACHMENTS: Description Heritage Preservation Board Minutes, November 10, 2015 1 Minutes City of Edina, Minnesota Heritage Preservation Board Edina City Hall – Community Room November 10, 2015, at 7:00 p.m. I. CALL TO ORDER Chair Weber called the meeting to order at 7:00 p.m. II. ROLL CALL Answering roll call was Chair Weber and Members Christiaansen Moore, McLellan, Sussman, Birdman, Kelly, and Student Member Puerzer. Absent were Member O’Brien and Student Member Otness. Staff Present: HPB Staff Liaison - Planner, Joyce Repya, and Assistant City Manager, Lisa Schaefer. Preservation Consultant Robert Vogel was also in attendance. III. APPROVAL OF MEETING AGENDA Motion by Birdman to approve the meeting agenda. Motion seconded by Kelly. All voted aye. The motion carried. IV. APPROVAL OF THE MINUTES October 13, 2015 Motion by Kelly to approved the October 13, 2015 HPB meeting minutes. Motion seconded by Pearson. All voted aye. Motion carried. V. COMMUNITY COMMENT - None VI. REPORTS & RECOMMENDATIONS A. Certificates of Appropriateness: 4621Browndale Avenue New Detached Garage Planner Repya explained that the applicant is requesting to demolish an existing 399 sq. ft. detached garage and replace it with a new 520 sq. ft. structure. The home received a COA for changes to the street facing façade at the July 14, 2015, HPB meeting. However, at that time, the new garage was not included in the project that was under consideration. Ms. Repya further explained that staff finds the proposed garage compliments the Tudor Revival/English Cottage style of the 1926 home; and is consistent with the COA’s approved for new garages previously approved in the district. Ms. Repya concluded that staff recommends approval of the COA subject to the plans presented and year built plaque installed on the exterior of the garage. Applicant Present: Jon Linde, Refined Remodeling, Inc., representing homeowners Jason & Josie Tober. Motion made by Kelly to approve the COA for a new detached garage subject to the plans presented and a year built plaque installed on the exterior of the garage. Motion was seconded by Pearson. All voted aye. The motion carried. 2 B. Novus Board View Presentation • Assistant City Manager, Lisa Schaefer introduced the new Novus Board View system which will allow the City Council and all boards and commissions to view their meeting packets electronically. • Ms. Schaefer explained how the HPB members access the site, and retrieve the meeting information. C. Historic Context Study Updates • Preservation Consultant, Robert Vogel provided the board with an updated outline for the Edina Historic Context Study that included historic information identified since the original 1999 publication of the study. • Mr. Vogel provided training on the importance of the Historic Context Study to the community, and the work of the HPB. Vogel stressed that the Historic Context Study will be very beneficial when updating the Heritage Preservation Element of the Comp Plan. VII. CORRESPONDENCE & PETITIONS • A letter from the HPB to Marci Matson, former Edina Historical Society, Executive Director. VIII. CHAIR AND MEMBER COMMENTS • Member Moore announced a new exhibit will open at the Edina Historical Society on December 3rd entitled “City of Hockey - 65 Years of Edina Tradition” with an open house from 5:30 - 8:00 p.m. IX. STAFF COMMENTS A. Next Meeting Date - December 8, 2015 B. Work Session with the City Council - Rescheduled to December 15, 2015 X. ADJOURNMENT 8:15 p.m. Respectfully submitted, Joyce RepyaJoyce RepyaJoyce RepyaJoyce Repya Date: December 15, 2015 Agenda Item #: B.3. To:Mayor and City Council Item Type: Minutes From:Cary Teague, Community Development Director Item Activity: Subject:Minutes: Planning Commission, November 11, 2015 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. Information only. INTRODUCTION: See attached Planning Commission Meeting Minutes for November 11, 2015. Date: December 15, 2015 Agenda Item #: XIII. To:Mayor and City Council Item Type: From:Debra A. Mangen, City Clerk Item Activity: Subject:Schedule of Meetings, Events & Dates As Of December 15, 2015 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: ATTACHMENTS: Description Schedule of Meetings, Events & Dates CITY COUNCIL SCHEDULE OF UPCOMING MEETINGS/DATES/EVENTS AS OF DECEMBER 15, 2105 SCHEDULE OF UPCOMING MEETINGS/DATES/EVENTS Tues Dec 15 Work Session – Heritage Preservation Board 5:30 P.M. COMMUNITY ROOM Work Session – Southdale Working Group 6:00 P.M. Tues Dec 15 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Thur Dec 24 CHRISTMAS EVE HOLIDAY OBSERVED – City Hall Closed Fri Dec 25 CHRISTMAS DAY HOLIDAY OSBERVED – City Hall Closed Fri Jan 1 NEW YEAR’S DAY HOLIDAY OBSERVED – City Hall Closed Tues Jan 5 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Tues Jan 5 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Jan 18 REV. DR. MARTIN LUTHER KING JR.,DAY HOLIDAY OBSERVED – City Hall Closed Tues Jan 19 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Tues Jan 19 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Feb 2 Work Session – Mill Pond Assessment Review/Engineering Assessment Review 5:30 P.M. COMMUNITY ROOM Tues Feb 2 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Feb 15 PRESIDENTS’ DAY HOLIDAY OBSERVED – City Hall Closed Tues Feb 16 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Tues Feb 16 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Mar 1 Precinct Caucus Night Wed Mar 2 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Wed Mar 2 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Wed Mar 15 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Wed Mar 15 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Date: December 15, 2015 Agenda Item #: IV. To:Mayor and City Council Item Type: From:Debra A. Mangen, City Clerk Item Activity: Subject:Approval of Minutes - November 17, 2015 HRA Minutes Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the November 17, 2015 minutes of the HRA Meeting. INTRODUCTION: ATTACHMENTS: Description November 17, 2015 HRA Draft Minutes Page 1 MINUTES OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY NOVEMBER 17, 2015 9:10 P.M. CALL TO ORDER Chair Hovland called the HRA meeting to order at 9:10 P.M. ROLLCALL Answering rollcall were Commissioners Brindle, Staunton, Stewart, Swenson and Chair Hovland. APPROVAL OF MEETING AGENDA Motion made by Commissioner Stewart, seconded by Commissioner Brindle approving the Meeting Agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. MINUTES OF THE REGULAR MEETING OF OCTOBER 20, 2015 APPROVED Motion made by Commissioner Brindle, seconded by Commissioner Swenson approving the Minutes of the Meeting of the Edina Housing and Redevelopment Authority for October 20, 2015. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. REQUEST FOR PURCHASE, PROFESSIONAL SERVICES CONTRACT GREATER SOUTHDALE AREA PLANNING STUDY – PHASE 2 - APPROVED Chair Hovland noted this professional services contract had earlier been awarded by the Council and that HRA approval was needed since some of the funding was coming from Centennial Lakes Tax Increment Financing District Funds. Motion of Commissioner Swenson, seconded by Commissioner Brindle approving the professional service contract for the Greater Southdale Area Planning Study – Phase 2 to Architectural Field Office for an amount not to exceed $30,000. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. REQUEST FOR PURCHASE, ENGINEERING SERVICES FOR VALLEY VIEW ROAD BIKE LANE EXTENSION – APPROVED Chair Hovland noted Mr. Millner answered a question of the Council relating to why this item had not been before the Edina Transportation Commission. He explained that the project would lay out options for the Edina Transportation Commission to consider. Commissioner Brindle made a motion, seconded by Commissioner Stewart, approving the Request for Purchase, Engineering Services for Valley View Road Bike Lane Extension, awarding the bid to the recommended bidder, Alliant Engineering at $34,230. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. ADJOURNMENT Chair Hovland declared the meeting adjourned at 9:12 p.m. Minutes/HRA/November 17, 2015 Page 2 Respectfully submitted, Scott Neal, Executive Director Date: December 15, 2015 Agenda Item #: V. To:Mayor and City Council Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Resolution 2015-05 Requesting Public Hearing for 66 West Tax Increment Financing District Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution. INTRODUCTION: This Resolution requests that the City Council call for a public hearing to consider a new Tax Increment Financing District and related changes to the Redevelopment Plan for the Southeast Edina Project Area. ATTACHMENTS: Description Staff Report: HRA Resolution 2015-05 Requesting Public Hearing for 66 West Tax Increment Financing District proposed HRA Resolution 2015-05 HRA Resolution 2015-01 December 15, 2015 Members of the Edina Housing and Redevelopment Authority Bill Neuendorf, Economic Development Manager HRA Resolution 2015-05 Requesting Public Hearing for 66 West Tax Increment Financing District Information / Background: In November 2014, the City Council granted final approvals for the proposed 66 West Apartments and subsequently approved Resolution 2015-48 to show full support for the proposed project. Located at 3330 W. 66th Street, this redevelopment and expansion of an aging professional building will create 39-units of affordably-priced housing for young adults who were formerly homeless. In May 2015, the Edina Housing and Redevelopment Authority (HRA) approved HRA Resolution 2015-01 to grant financial assistance to the project, pending funding commitments from other parties. The grant funds will come from the Southdale 2 Tax Increment Financing District using special state legislation for affordable-housing projects in Edina. Commitments from all funding sources have recently been secured. The City of Edina and Edina HRA will need to consider the creation of a new Tax Increment Financing District to enable the financial grant. This Resolution requests that the City of Edina call for a Public Hearing in early 2016 so that this proposal can be fully considered. The costs associated with the related studies will be borne by the developer (Beacon Interfaith Housing). EDINA HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDINA COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2015-05 REQUESTING THE CITY COUNCIL OF THE CITY OF EDINA CALL FOR A PUBLIC HEARING ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE SOUTHEAST EDINA REDEVELOPMENT PROJECT AREA AND THE PROPOSED ESTABLISHMENT OF THE 66 WEST TAX INCREMENT FINANCING DISTRICT (A HOUSING DISTRICT). BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Edina Housing and Redevelopment Authority (the "HRA") as follows: WHEREAS, the HRA and City Council ("Council") of the City of Edina, Minnesota ("City") previously established the Southeast Edina Redevelopment Project Area pursuant to Minnesota Statutes, Sections 469.001 through 469.047, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the HRA is proposing the modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area and the establishment of the 66 West Tax Increment Financing District, all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.1794, Sections 469.001 to 469.047, and Laws of Minnesota 2014, Chapter 308, Article 6, Section 8 inclusive, as amended. NOW, THEREFORE BE IT RESOLVED by the Board as follows: 1. The HRA hereby requests that the Council call for a public hearing on February 16, 2016, to consider the proposed Modification to the Redevelopment Plan (the “Redevelopment Plan Modification”) for the Southeast Edina Redevelopment Project Area, the proposed establishment of the 66 West Tax Increment Financing District (a housing district), and adoption of a Tax Increment Financing Plan ("TIF Plan") therefor, (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), and cause notice of said public hearing to be given as required by law. 2. The HRA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City, prior to the date of the public hearing. 3. The Executive Director of the HRA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The HRA affirms the transmission of the Plans to Hennepin County and Independent School District No. 280 in which the 66 West Tax Increment Financing District is located no later than January 15, 2016. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and related documents and to undertake other actions necessary to bring the Plans before the Council. Approved by the Board on December 15, 2015. ATTEST: _______________________________ James B. Hovland, Chair _______________________________ Ann Swenson, Secretary STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF EXECUTIVE DIRECTOR I, the undersigned duly appointed and acting Executive Director for the Edina Housing and Redevelopment Authority do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina Housing and Redevelopment Authority at its Regular Meeting of December 15, 2015, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______________ day of ___________________, ____________. Executive Director EDINA HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDINA COUNTY OF HENNEPIN STATE OF MINNESOTA HRA RESOLUTION NO. 2015-01 SUPPORTING AFFORDABLY-PRICED HOUSING AT 3330 WEST 66TH STREET BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Edina, Minnesota as follows: WHEREAS, the project being developed by the Beacon Interfaith Housing Collaborative (the "Developer") consists of 39 efficiency apartment units targeted as affordably-priced housing for teenagers and young adults who were formerly homeless (the "Project"); and WHEREAS, the City Council approved the re-zoning of the property in October 2014 and modified the Comprehensive Plan to allow this type of use in the developers preferred location in November 2014 after concurrence by the Metropolitan Council; and WHEREAS, the Developer acquired the property in October 2014 and is currently seeking funding from several sources to construct the project in 2016; and WHEREAS, a variety of grants or other public financial assistance will be required to build the Project including housing tax credits from the Minnesota Housing Finance Agency (the "MHFA"); and WHEREAS, the Project will be designed to encourage increased walkability in the Southdale district; and WHEREAS, the Project will be developed with the requirements of Minnesota Statutes Section 469.174 to 469.1794 (the "TIF Act"); and WHEREAS, the Project will be developed consistent with Resolution 2014-139 and Ordinance 2014-17 allowing affordable housing with supportive service in the Regional Medical District; and WHEREAS, the Project is estimated to cost approximately $10,505,000 and the Developer is requesting $550,000 in tax increment from the City; and CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0389 Dated: May 6, 2015 Attest: day of OM/Ai A • d Sco eal, Execut e D rector WITNESS my hand and seal of the City this \A , 20 15. WHEREAS, the City and Developer will negotiate and enter into a Redevelopment Agreement governing the Project and will satisfy all requirements of the TIF Act; and WHEREAS, the City will establish a new housing TIF district pursuant to the TIF Act and 2014 Minnesota Session Laws, Chapter 308, Article 6, Section 8 (the "Edina Legislation") that will include the Property (the "Housing TIF District"). The tax increment within the Housing TIF District for the Project will be generated from the City of Edina, Southdale 2 tax increment district (the "Southdale 2 district") in reliance on the Edina Legislation; and WHEREAS, the establishment of a tax increment financing district for the Project and the pledging of the tax increment to secure a loan for the project is a local contribution and will assist the Developer in securing the approvals from the MHFA for housing tax credits. NOW THEREFORE, BE IT RESOLVED, the Housing and Redevelopment Authority of the City of Edina endorses the Developer's application for housing tax credits as administered by MHFA; and BE IT FURTHER RESOLVED, the Housing and Redevelopment Authority shall provide, in accordance with the requirements of this Resolution, a total of $550,000 in order to facilitate the financing of the Project. If MHFA funding is not approved by December I , 2016, the Housing and Redevelopment Authority may rescind its financing commitment to the Project in order to fund another affordable housing project. ames B. Hov and, Chair Ann Swenson, Secretary STATE OF MINNESOTA) COUNTY OF HENNEPIN ) SS CITY OF EDINA CERTIFICATE OF EXECUTIVE DIRECTOR I, the undersigned duly appointed and acting Executive Director for the Edina Housing and Redevelopment Authority do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina Housing and Redevelopment Authority at its Regular Meeting of May 6, 2015, and as recorded in the Minutes of said Regular Meeting. Date: December 15, 2015 Agenda Item #: VI. To:Mayor and City Council Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Consider Vacation of Public Right-of-Way, 3460- 3501Galleria - Continue Action to January 20, 2016 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Continue this item until January 20, 2016. INTRODUCTION: The property owner has requested that an existing easement be vacated. Since the initial application, the owner has requested that the Public Hearing be continued to provide additional time to design alternative locations for the easement. ATTACHMENTS: Description Staff Report: 3501-3510 Galleria - Request to Vacate Easement December 15, 2015 Members of the Edina Housing and Redevelopment Authority Bill Neuendorf, Economic Development Manager 3501-3510 Galleria - Request to Vacate Easement Information / Background: The owner of the Edina Galleria has requested that the City Council consider vacating an existing easement that is located on the property. New easements would be created elsewhere on the property to accommodate pedestrians and bicyclists. The Edina Housing and Redevelopment Authority is required to consent to this vacation. Although the Public Hearing for this request has been scheduled for December 15th, 2015, the owner/applicant has contacted staff and requested that this Public Hearing be continued until January 20th, 2016. This continuance will allow the applicant to finalize the location and design of the new easements.