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03/13/2012 - City Council Special 041,4 1 /AN.. SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 13, 2012 5:30 P.M. EAGAN ROOM —EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD - 2 III. RESTAURANT DEFINITIONS AND ALCOHOL LICENSING O IV. REVIEW PROPOSED 2012 PRECINCT BOUNDARIES 'x,11 V. HEALTHY AND ACTIVE LIVING RESOLUTION 1 P s .35VI. CABLE FRANCHISE AGREEMENTS 101 VII. OTHER BUSINESS VIII. ADJOURNMENT Agenda Memo March 13, 2012 Special City Council Meeting III. RESTAURANT DEFINITIONS AND ALCOHOL LICENSING DIRECTION TO BE CONSIDERED: To receive a presentation and to provide staff with direction regarding the potential modification to the restaurant definitions contained in Chapter 11 and Chapter 5. FACTS: ➢ In December, the City Council directed staff to review on -sale alcohol licensing requirements in light of three restaurants failing to meet the requirement in City Code that at least 50 percent of their gross profits are derived from the sale of food. ➢ As staff reviewed the on -sale alcohol licensing requirements, it became apparent there was a need to review the restaurant definitions in Chapter 5 (Alcohol Licensing) and Chapter 11 (Zoning), given the evolution of restaurant's service models. ➢ A detailed memo is enclosed highlighting the history of on -sale alcohol licensing, potential modifications to the Chapter 11 and Chapter 5 restaurant definitions for Council's consideration, and options to address the current food service requirement for on -sale alcohol licenses. ➢ City Planner Ridley and City Clerk/Administrative Services Coordinator Scipioni will be in attendance at the workshop to walk the Council through the various options pertaining to restaurant definitions and alcohol licensing. ATTACHMENTS (1): A memo from Ridley and Scipioni is enclosed on pages 3 to — 1 . Z 4,1100. C!ty of EaQafl Memo To: Dianne Miller, Assistant City Administrator John Hohenstein, Community Development Director From: Mike Ridley, City Planner Christina M. Scipioni, City Clerk/Administrative Services Coordinator Date: March 9, 2012 Subject: Review of on -sale alcohol licensing, restaurant definitions and food service requirements History of on -sale alcohol licensing discussion Eagan City Code provides that an on -sale liquor license may only be issued to a traditional restaurant, club or hotel (with a traditional restaurant). A traditional restaurant as defined in Code must have food service revenues consisting of at least 50% of its gross revenues. While processing the renewals of the City's on -sale liquor licenses in late 2011, the City determined that Valley Lounge, Cooper's Restaurant, and Cedarvale Lanes/Fitz's Bar & Grill do not meet the 50% food service requirement. At its December 20, 2011 meeting, the Council conditionally renewed the establishments' on- sale liquor licenses, pending a review of City ordinances. Options to address this issue are outlined at the end of this memo. Along with a review of the City's on -sale alcohol licensing regulations, Planning staff saw this as an opportunity to dovetail with the City's Clerk's work by reviewing the restaurant definitions in Chapter 11. Reviewing both chapters together would be appropriate because the two areas of Code work in tandem to zone and license restaurants that serve alcohol. During the process of reviewing Chapters 5 and 11, the West End Gun Club inquired if they would be eligible for an on -sale liquor license instead of their current on -sale 3.2 percent malt liquor (beer) license. Subsequently, the Gun Club decided not to pursue an on -sale liquor license at this time. Staff determined that their existing on -sale 3.2 percent malt liquor (beer) license is in compliance with City Code as a recreational facility and the Gun Club remains eligible to be licensed for 3.2 percent malt liquor (beer). Review of Chapter 11 restaurant definitions The restaurant industry's service models are continuously evolving and more and more, Planning staff has struggled to fit certain restaurant models into one of the two existing categories: • Class I: "Eating establishments where food and/or beverages are ordered, served, and consumed by customers seated at a counter or a table on the premises. Class I restaurants may include eating establishments where food and/or beverages are selected by a customer while going through a serving line and taken to a table for consumption." • Class II: "Fast food, drive -in, cafeteria, and carryout or delivery type restaurants. Class II restaurants include establishments that sell prepared and pre - prepared food and/or beverages directly to customers without table service, for consumption on or off - premises. Class II restaurants may include drive -up order, pick -up or delivery services." Planning staff worked with the City Clerk and researched other communities and ultimately created a new set of restaurant categories. Two commercial retail brokers were also asked to review the new categories /definitions and the response was positive. Planning staff believes that modernizing these definitions will provide clarity that will better serve residents, developers and brokers. The proposed restaurant definitions are: • Restaurant — Full Service: An eating facility where food/ beverages are ordered, served and consumed by the customer while seated at a table, booth or counter. Accessory use may include take -out food service. No drive - through service is provided. • Restaurant — Casual: An eating facility where customers place their order and are typically served food and beverages at the order counter and take it to a table to consume or opt to get the food packaged `to go' to consume in a motor vehicle or elsewhere off premises; in some instances, the food ordered at an order counter is brought to the customer by wait staff after the customer has selected a seat. No drive - through service is provided. • Restaurant -- Fast Food: An eating facility where customers stand to order or order from their motor vehicle in a drive - through lane and wait for food preparation or where food is pre - prepared and packaged to go. This type of restaurant may also include a `drive -in' establishment where food and beverages are ordered and consumed in the motor vehicle upon the premises outside of the building: • Restaurant — Delivery or Take Out: A facility designed to provide prepared, ready -to- eat foods to either be picked up or delivered for off - premise consumption. This type of restaurant may or may not provide a limited amount of seating. If the Council chooses to change the existing Chapter 11 restaurant definitions, those definitions could be used as the basis for the Chapter 5 restaurant definitions for the purposes of considering alcohol licenses. This option is discussed in greater detail in the next section of this memo. Review of Chapter 5 Restaurant Definitions Current Chapter 5 Definitions City Code uses four terms to describe different components of alcohol licensing: • Alcohol — a generic term that refers to any type of alcoholic beverage • Liquor License — a license that allows the sale of any legal type of alcoholic beverage (beer, wine and distilled spirits /liquor) • Wine License — a license that allows the sale of wine, which is a product made from distilled grapes with not more than 24 percent alcohol by volume • 3.2 Percent Malt Liquor (Beer) License — a license that allows the sale of beer, which is malt liquor containing no more than 3.2 percent alcohol by weight City Code Chapter 5, Alcoholic Beverages, currently differentiates between two types of restaurants — traditional restaurants and casual restaurants. Below are the definitions of each. Traditional restaurant: A business establishment, other than a hotel, under the control of a single proprietor or manager, where all of the following exist: 1. Meals are regularly prepared on the premises for the general public; 2. The principal part of the business is service of meals, which shall be at least 50 percent of the gross revenues; 3. Facilities for seating shall not be less than 50 guests at one time; and 4. Customers receive full meal service by waitstaff whereby meals and beverages are ordered, served, and consumed at the customer's table. Casual restaurant: A business establishment, other than a hotel and traditional restaurant, under the control of a single proprietor or manager, where all of the following exist: 1. Meals are regularly prepared on the premises for the general public; 2. The principal part of the business is service of meals which shall be at least 50 percent of the gross revenues; 3. The facilities for seating shall not be less than 50 guests at one time; 4. Customers receive partial meal service by waitstaff whereby the customer orders the meal and beverages at a counter, but the meal is consumed at the customer's table; 5. Reusable dinnerware, such as: eating utensils, plates, bowls, and cups, is used by the customer for the consumption of the meal and beverages. 6. Bussing or cleaning of the tables is done by restaurant staff; and 7. No drive - through service is provided. Traditional restaurants are eligible for liquor licenses, wine licenses, and 3.2 percent malt liquor (beer) licenses. Casual restaurants are eligible for wine licenses and 3.2 percent malt liquor (beer) licenses, but not liquor licenses. Concerns with existing Chapter 5 restaurant definitions The existing Chapter 5 restaurant definitions were last updated in 2003. At that time, "fast- casual restaurants" (such as Noodles and Chipotle) were beginning to emerge as a new concept in the restaurant industry. Since then, there has been a proliferation of fast -casual restaurants. Given 5 these changing market conditions, it would be appropriate for Council to review the definitions of traditional and casual restaurants. City Code provides a specific set of circumstances in which a fast - casual restaurant may be defined as a casual restaurant, and thus eligible for a wine license and/or 3.2 percent malt liquor (beer) license. A consequence of this narrow definition is that fast -casual restaurants positioned similarly within the restaurant industry differ in their license eligibility. For example, Noodles is considered a casual restaurant because the food is brought to the tabies, reusable dinnerware is used, and the tables are bussed by wait staff. Chipotle, on the other hand, does not meet these requirements and is not considered a casual restaurant. Additionally, the lack of consistency between restaurant definitions in Chapters 5 and 11 of City Code sometimes create confusion for alcohol license applicants. Applicants tend to view City Code as one document and don't always understand that the alcohol regulations and zoning regulations have different restaurant definitions. Potential Changes to the Traditional Restaurant Definition To improve consistency between Chapters 5 and 11, the Council could choose to use the definition of a full- service restaurant in Chapter 11 as the basis for the definition of a traditional restaurant in Chapter 5. The proposed new full- service restaurant definition for Chapter 11 is: Full- service restaurant: "An eating facility where food/ beverages are ordered, served and consumed by the customer while seated at a table, booth or counter. Accessory use may include take -out food service. No drive - through service is provided." If Chapter 5 used only this definition, the following restaurants would be considered traditional restaurants and would be eligible for an on -sale liquor license: _Lost Spur Golf Course Cedarvale Lanes/Fitz's Bar & Grill Doolitties Did o Pik Cher Sirloin RoomLaFonda' deltas Lobos. Aplebee`s ;} Ko S ushi Stark S aloon & Rickey 's Cafe` "Yalhey L ou n ge Ax ePa ' Bore Royal C ,y Gea gh _, ..., �r ense S ipper Chili.. Green, ✓1 11 Restaun it &Bar hi1i'swh: &.ir. ... , ry; rcl B uffalo Wild Wings 1✓1.Loro Mexican Al ;lep ` ;`El Pariah Mexican Restaurant' visat 's .Al Baker's Restaurant Jake's City Grille Granite City Food & Brewery : wildca Bar acid Grill Zest! Bar & Grill tl aano St a n Y istiira ite Italian Pie Shop & 'Winery Classic :S R e staurant Indian Hoban`Koreai Restaurant Hong Wong Perkins Juniors Dragon Palace Piccolo's Pizzeria (The shaded restaurants are already licensed to sell liquor, wine or beer) The Council may choose to further limit the eligibility for an on -sale liquor license by adding requirements to the definition of a traditional restaurant. The most common additional restrictions placed on restaurants by other cities appear to be minimum requirements for seating, square footage and valuation. Eagan City Code currently requires at seating for at least 50 customers. Below is a survey of requirements for on -sale liquor licenses in other cities: Cite Seating Square footage Valuation Eagan 50 None None Apple Valley None None None Blaine None None None Bloomington 50 750 square feet None Brooklyn Park 30 None None Burnsville None 3,500 square feet None Eden Prairie 150 None None Edina 30 None None Inver Grove Heights 50 750 square feet None Lakeville 50 None None Maple Grove None None None Minnetonka 100 None None Plymouth 150 in shopping None $500,000 for free - centers /office buildings standing buildings Richfield 40 None $600,000 total valuation St. Louis Park 30 None None Woodbury 25 None None Potential Chanzes to the Casual Restaurant Definition To improve consistency between Chapter 5 and Chapter 11, the Council could choose to use the definition of a casual restaurant in Chapter 11 as the basis for the definition of a casual restaurant in Chapter 5. The proposed new Chapter 11 definition is: Casual Restaurant: "An eating facility where customers place their order and are typically served food and beverages at the order counter and take it to a table to consume or opt to get the food packaged `to go' to consume in a motor vehicle or elsewhere off premises; in some instances, the food ordered at an order counter is brought to the customer by wait staff after the customer has selected a seat. No drive - through service is provided." If Chapter 5 used only this definition, the following restaurants would be considered casual restaurants and be eligible for a wine license and/or 3.2 percent malt liquor (beer) license: Carbone's Pizzeria - Davanni's Pizza Pardon My French Smashburger 1oodies & Company Qdoba Panera (no drive -thru) Chipotle Caribou (no drive -thru) Leeann Chin (no drive -thru) Ring Mountain Bruegger's Pot Belly Solos Pizza Cafe Umbria Gourmet Pizzeria Subway Quiznos Jimmy John's (no drive -thru) Cousins Subs Panda Express (The shaded restaurants are already licensed to sell wine and/or beer) The Council may choose to further limit the eligibility for on -sale wine and 3.2 percent malt liquor (beer) licenses by adding requirements to the definition of a restaurant in Chapter 5. As opposed to requirements for on -sale liquor licenses, there is less consistency among cities in their eligibility requirements for on -sale wine licenses and on -sale 3.2 percent malt liquor licenses. Options for further limiting eligibility include: • Requiring the use of reusable dinnerware (Eagan, Inver Grove Heights) • Requiring meals be ordered at a counter and served by wait staff to customers (Eagan) • Requiring a minimum number of seats o Eagan, Bloomington, Eden Prairie, Inver Grove Heights — 50 seats o Richfield — 40 seats o Edina, St. Louis Park — 30 seats o Brooklyn Park, Plymouth, Woodbury, Maple Grove, Burnsville, Blaine, Lakeville, Minnetonka — 25 seats • Requiring tables be bussed by wait staff and not customers (Eagan) • Requiring a minimum of 750 square feet (Bloomington, Inver Grove Heights) Options for Food Service Requirement City Code currently requires that traditional and casual restaurants receive at least 50 percent of their revenue from the sale of food. Three on -sale liquor licenses currently do not meet that requirement: • Valley Lounge (Liquor 80.77% Food 19.23 %) • Cooper's Restaurant (Liquor 66.77% Food 33.23 %) • Cedarvale Lanes /Fitz's Bar & Grill (Liquor 55.51% Food 44.49 %) Options for addressing this issue include (in no particular order): 1. Remove the requirement from City Code. State Statute allows, but does not require, cities to include a food service requirement in their ordinances. The Minnesota Department of Alcohol and Gambling enforcement requires restaurants to have a restaurant license from the Minnesota Department of Health. That mean the restaurant must have the facilities to serve food, but necessarily that it does serve food. 2. Modify the existing percentage in City Code. The Council has the ability to modify the food service requirement to a level it finds appropriate. Below are the food service requirements in other cities. City Food Service Requirement Eagan 50% Apple Valley None Blaine None Bloomington 40% Brooklyn Park None Burnsville None Eden Prairie 50% Edina 60% Cit■ ° Food Service Requirement Inver Grove Heights None Lakeville 50% Maple Grove 51% Minnetonka 50% Plymouth 40% Richfield 50% St. Louis Park 50% Woodbury 50% 3. Leave the existing requirement in City Code. If the Council chooses this option, the three licensee's conditional licenses would expire on June 29, 2012, unless they could prove they now meet the 50% food service requirement. If an establishment is able to comply with the 50% requirement after its license expires, it would have to reapply for a liquor license. 4. Create an additional fee for establishments that serve a higher percentage of alcohol. Under this option, a restaurant would no longer be required to serve a certain percentage of food in order to be eligible for an alcohol license. If the licensee's percentage of alcohol sales was more than a limit set by Council, the establishment would be charged an additional fee. According to the City Attorney's Office, the justification for this fee would be that the Council finds establishments with a larger percentage of alcohol sales may require more City resources than establishments with a smaller percentage of alcohol sales. In order to make this justification, the City Attorney's Office recommends a threshold of at least 60% alcohol sales before an additional fee would be required. 5. Amend City Code to allow on -sale liquor licenses for bowling centers. State Statute allows cities to issue on -sale liquor licenses to bowling centers, but City Code does not. Code could be amended to allow on -sale liquor licenses for bowling centers. If the Council is interested in pursuing this option, the definition of a bowling center would need to be developed and could include a requirement that a restaurant be attached to the facility. Agenda Memo March 13, 2012 Special City Council Meeting IV. REVIEW PROPOSED 2012 PRECINCT BOUNDARIES DIRECTION TO BE CONSIDERED: To provide direction for preparation of precinct changes to be formally considered by the City Council at a future regular City Council meeting. FACTS: > In response to the redistricting that has occurred at the State level, the City is required to take formal action to establish its precincts by April 3, 2012. ➢ Staff recently completed a draft precinct redistricting plan for City Council consideration. A memo is attached that addresses precinct and polling place requirements, issues staff encountered while creating a draft redistricting plan, and proposed changes to each precinct. > Also attached are maps of the former precinct boundaries and the proposed 2012 precinct boundaries and polling places. Large maps will be available at the night of the Special City Council Meeting. > There is no requirement that the City's population be evenly distributed amongst its precincts because precincts are purely administrative districts. Instead, staff considered polling places' capacity when determining the appropriate population count for each precinct. The Census provides a total population over the age of 18. Staff used the Census data to estimate the number of registered voters in each precinct, which is a more accurate representation of how many voters can be expected on Election Day. ATTACHMENTS: (4) A memo summarizing the proposed redistricting changes is attached on pages 1 1 ` to I �. A map of the proposed 2012 precinct boundaries and polling places is attached on page 11 4 . A table detailing polling places' voter registration counts is attached on page 15 . A map of the former precinct boundaries and polling places is attached on page 16 . I0 4 011) C!ty of Eapll Mello To: Tom Hedges, City Administrator From: Dianne Miller, Assistant City Administrator Christina M. Scipioni, City Clerk/Administrative Services Coordinator Erik Slettedahl, Community Development /GIS Specialist Date: March 9, 2012 Subject: Summary of proposed redistricting changes Staff recently completed a draft precinct redistricting plan for City Council consideration. In creating the plan, the City is required to adhere to the following requirements: • Precincts may not cross municipal boundaries • Precincts may not be split by congressional or legislative districts. • Precinct boundaries must be clearly visible physical features (such as roads and rivers) • Precinct boundaries may follow school district boundaries, but two precincts split by a school district must use a naming convention to indicate this relationship (for example, 5A and 5B) • Polling places must be: o Fully accessible o Large enough to accommodate election activities o Free of other, non - election activities o Smoking free o Liquor free o Located within the precinct or within a mile of the precinct boundary During the redistricting process, staff encountered the following issues: • The new legislative boundary represents a significant change from the previous legislative boundary. While the City has historically tried to minimize disruption to voters, the new legislative boundaries necessitated a change to 15 of Eagan's precincts. • The location of the new legislative boundary, along with the locations of available polling places, made it necessary to decrease the total number of polling places from 21 to 20. • The census block line used by the State to draw the legislative boundary in the southwest corner of the City (between precincts 9 and 10) doesn't follow a clearly visible physical feature. Dakota County has determined the line follows Sandstone Drive south to the Highline Trail west to the school district boundary south to Cliff Road. 1 1. • The old precinct 7 included three school districts, which created administrative issues for judges on Election Day. The proposed precincts 5A and 5B and 6A and 6B eliminate that issue, but had to be named this way to indicate that their shared boundaries follow a school district boundary line and not a clearly visible physical feature. Summary of the proposed changes to precincts and polling places • Precinct 1 — No change to precinct boundaries or polling location (Pilot Knob Elementary). • Precinct 2 — The eastern boundary was moved east from Pilot Knob Road to 35E to accommodate the new legislative boundary. The polling place was changed from Oak Hills Church to the Eagan Community Center to accommodate the larger population. • Precinct 3 — The south east boundary was extended into residential areas previously served by precincts 9 and 11 to allow for a more even distribution of population amongst the available precincts. The polling place was moved from Trinity Lone Oak Church to the Fire Safety Center to provide a more convenient location for voters and additional capacity. • Precinct 4 — The eastern boundary was extended east to encompass the area north of Diffley Road, south of Turquoise Trail and west of Blackhawk Road, which has approximately 1,200 residents. This allows a more even distribution of population amongst the available precincts in the area. The polling place remains Cedar School. • Precinct 5A — The boundary was changed to avoid having a precinct with three school districts. The polling place was changed to Oak Hills Church because the Fire Administration building is no longer available. In addition, Oak Hills Church has more parking available. • Precinct 5B — The southern boundary was extended south to Turquoise Trail. The eastern boundary was extended east to 35E. The northern boundary was moved south to Silver Bell Road and Riverton Avenue, extending eastward along the school district boundary line to 35E. This allows for an even distribution of population amongst the precincts in the area. The polling place remains Mt. Calvary Lutheran Church. • Precinct 6A — The boundary was extended to 35E to accommodate the new legislative boundary. In addition, the southern boundary west of Pilot Knob Road follows the school district boundary. The polling place was changed from City Hall to the Civic Arena's new mezzanine level to provide more parking and space for voting activities. • Precinct 6B — Portions of the old precincts 6 and 7 east of 35E were added to the old precinct 10 to accommodate the new legislative boundary. In addition, the northern boundary west of Pilot Knob Road follows the school district boundary. The polling place was changed from St. John Neumann Catholic Church to Deerwood Elementary. • Precinct 7 — Neighborhoods on the east side of the precinct were moved to precinct 3 to reduce the registered voter count from approximately 2,642 people to approximately 2,400 people. The polling place is Woodland Elementary. 12— • Precinct 8 — Neighborhoods on the northeastern side of the precinct were moved to precinct 3 to reduce the registered voter count from 3,000 people to approximately 2,500 people. The polling place is Northview Elementary. • Precinct 9 — The boundary was changed to accommodate the new legislative districts. The new boundary also increases the population count in the precinct to take better advantage of available capacity at Metcalf Junior High School. • Precinct 10 — The boundary was changed to accommodate the new legislative boundary. The population did not change significantly because the polling place, Rahn Elementary, does not have additional capacity. • Precinct 11 — Since the old precinct 6 was split in half by the new legislative boundary, the precinct boundaries in the area changed significantly. The new precinct 11 boundary was necessary to accommodate the new legislative boundary and to evenly distribute the area's population amongst the available polling places. The polling place is Christ Lutheran Church. • Precinct 12 — The boundary is changed to reduce the number of voters in the precinct because of parking issues at the polling place, Thomas Lake Elementary. • Precinct 13 — The boundary was changed to evenly distribute the population between precincts 10, 12 and 13, all of which have polling places with limited capacities. The polling place is Oak Ridge Elementary. • Precinct 14 — The boundary was expanded westward to take additional population away from precinct 15. Precinct 16's polling place, Easter Lutheran Church, has the capacity to serve more voters than Thomas Lake Elementary. • Precinct 15 — The boundary and polling place, Chapel Hill Baptist Church, stay the same. - • Precinct 16 — The boundary and polling place, Pinewood Elementary, stay the same. • Precinct 17 — The boundary and polling place, St. Thomas Becket Church, stay the same. • Precinct 18 — The boundary and polling place, Red Pine Elementary, stay the same. 13 dgol.at el t Proposed Prec and Polling Locat 2012 Legend • Proposed Polling Location IV Proposed Precinct Boundary /!Js'_ 1•�. Legislative District 2012 ,w,, q „ „ ,.. �. , �' ', 51A 516 P , ” • SS 52B _— ; 1 0.5 1 Miles • Lone Oak Rd ®� 2 o „� • 1 . F/ ,` — , L\ ' 0 • F) ' N - 0 I� I Ya rikee Doodle Rd I 5 ` a t ' 1 l , T) , . _ '�y Silver Bell Rd Wescott Rd . i i h _ I � ( . 4 `er,_ l �I I 40„ ■ } ,0 Il , l 1 .�c `w •� - i I - I ` e - - 4 i s I Diffl y R Q Difflt, Rd , � r 1f m r y i �. t -t_ 1 1 ) 'W----_____,..; , . �� O - __ 9 : 1 j '�� ( l w q r Cliff l ` _ .. A m A :---I' r; I £'f' ilderoe s P. ■ .` �. N,e11arC Or, .. _ _ , E lih Cliff l ir W � .. °� �� [ Cliff Rd .\ ` - f -3 '_._ - �. � - co I e, J i� m / 1 '- ► /_ a �;`` a i r'r r F . i : — '4 Am . / ............_. _......_.... , -- Proposed Polling Locations Precinct Polling Location Polling Address 'Precinct Polling Location Polling Address 1 Pilot Knob Elementary School 1436 Lone Oak Road 9 Metcalf Junior High School 2250 Diffley Road 2 Eagan Community Center 1501 Central Parkway 10 Rahn Elementary School 4424 Sandstone Drive 3 Fire Safety Center 1001 Station Trail 11 Christ Lutheran Church 1930 Diffley Road 4 Cedar Elementary School 2140 Diffley Road 12 Thomas Lake Elementary 4350 Thomas Lake Road 5A Oak Hills Church 1570 Yankee Doodle Road 13 Oak Ridge Elementary School 4350 Johhny Cake Ridge Road 5B Mt Calvary Lutheran Church 3930 Rahn Road 14 Easter Lutheran Church 4200 Pilot Knob Road 6A Eagan Civic Arena 3830 Pilot Knob Road 15 Chapel Hill Bapt Church 4888 Pilot Knob Road 6B Deerwood Elementary School 1480 Deerwood Drive 16 Pinewood Elementary School 4300 Dodd Road 7 Woodland School 945 Wescott Road 17 Red Pine Elementary School 530 Red Pine Lane 8 Northview Elementary School 965 Diffley Road 1 18 St. Thomas Becket Church 4455 South Robert Trail ✓ N o 0 0 0 0 N Ln 0 O 0 0 o Ln O o v ri O1 N L -1- O 00 N 01 Ln O 10 Ln o l0 N O 0 0 Ln M .--I Ln W N N 00 CO CO 00 N Ln Ln In N O LO Tr Ni M N to N N 0 O N H Ni Ni ,--I N N N Nis N ,--1 ,--1 e-1 H N ei e-1 N ei I' L y Oa sis C LOUD v i •'L . y N 'C RI ▪ i E L W f0 e1 l0 N Ln N N N. eI 01 Ln CO l0 O 10 01 N M O1 V1 N e I c-I .--1 .--I l0 01 Ln 01 00 N 1� 00 o O1 Ln d• 00 O N L O) 01 N m Ln 00 01 N N N CO 1.0 N 01 CO 00 a, M Ni" M M N N N N N M e-1 e1 ei r-I Ni e1 r-I Ni' '-i fo to C C O .+ V (0 'L 3 H a =a a N. Q Q N. M Q Ln N Tr O O n M Ni Tr d• r-I O1 n ▪ \ - 01 If Ln \ r-1 0 0 00 N N in m r-1 Ln as • Z Z M n N Z n 1.0 O N. r-I O Ln M N n LO N yL C ei ei e-i N N M r-1 a-I N ei 1-1 r-1 c-I e-i (Ni r-1 L � u • L > N - 0 la L L • L H O a) ar Cd -CI .0 0 L O O O O a) C Ln N o L" U L) t u _c o CO CO CO LI) L L C " L N -C U 7 a) ID 3 V co c C.) 3 c a) c �^ a, a. U 1 v a • 4E' L J C w a) a) _ U a) Y a) O N L L L CD - CO a) a) a) L +-+ , w co C1 C� a) o L a) L CO a) C fa) u u.1 E U O < W W W • E w w W cu m- G) cis -° E > t v is . _ 3 m 2, 0) = -' — 10 W co ° c V 4 Ln '" u u o o CO • v a, J w - -I x 0 a) E fm o C Y C , L= C C 3 -a s 03 w +, (o v v 3.- ++ CO ( o 7 CO o t' sal C N c Y ++ Q a) F- O OA a "O O co O 0 0 a) L 'C o of co C "O a n. w ii U O z 1.1.10>z fr U H O L U a W N r N M Tr Q CO Q m n 00 01 O r-I N M Ln 1.0 n 00 Ln Ln LO l0 ei ei ri ei ei ei e-I ei ei 0 C 0) L 0 15 * at! of ,';' 1 I Legend Former Precinct and Polling Locations Polling Location Precinct Boundary Legislative District 2012 in- A.— � — 51A O l �j� _ 51B d h % 52B / -, i l ,1 - 0 0.5 1 I-". Miles 1 Lone Oak Rd r 3 . i 1 I . '. Z:\ N o a) , } Ya " kee Doodle Rd 2 i - _ S � r 1 / LO ,<: l a — / - P. 4 '• m . <_ .1 1 �m , 1 I - t- \ I i `)' Silver Bell Ftd / ) ( - Wescott Rd 9 ! C �•- $ / . -_ �� a 10 o l 11 Dlffle � - � Diff Rd- ", , j , , - - y Rd 12 + 14 , L - i � I � ` f f 21 i i _! 01 (� l ' -1 - ; � � 'Y 1 1 r t- _ ii 13 C lrnlake qa / 18 f .) t'i'll dero �g � - 1 .....' 1 , ... - . . ard o _ ss Ru _ Mau 5 = a I 17 L . A� ( �� _ TO �. J ��_� - 1 1 - ili - Iff Rd , /�� ( Tiff Rd I `" P20 CO � mi P1 r a r 19 0 y L Former Polling Locations Precinct Location Address Precinct Location Address 1 Pilot Knob Elementary School 1436 Lone Oak Rd. 12 Metcalf Junior High School 2250 Diffley Rd. 2 Oak Hills Church 1570 Yankee Doodle Rd 13 Rahn Elementary School 4424 Sandstone Dr. 3 Trinity Lone Oak Church 2950 Hwy. 55 14 Christ Lutheran Church 1930 Diffley Rd. 4 Cedar Elementary School 2140 DiffleyRd. 15 Thomas Lake Elementary 4350 Thomas Lake Rd. 5 Mount Calvary Lutheran Church 3930 Rahn Rd 16 Easter Lutheran Church 4200 Pilot Knob Rd. 6 Deerwood Elementary School 1480 Deerwood Dr 17 St Thomas Becket Church 4455 South Robert Trail 7 Eagan Fire Administration 3795 Pilot Knob Rd 18 Oak Ridge Elementary 4350 Johnny Cake Ridge Rd 8 Eagan Municipal Center 3830 Pilot Knob Road 19 Chapel Hill Bapt Church 4888 Pilot Knob Rd. 9 VWodland School 945 Wescott Rd. 20 Red Pine Elementary School 530 Red Pine Lane 10 St John Neumann Church 4030 Pilot Knob Rd. 21 Pinewood Elementary School 4300 Dodd Rd. 11 Norlh iew Elementary School 965 Diffley Rd. l (4e Agenda Information Memo City Council Workshop March 13, 2012 V: HEALTHY AND ACTIVE LIVING RESOLUTION ACTION TO BE CONSIDERED: Review information and provide staff with direction on how to proceed with this initiative. FACTS: • The Mayor was contacted by members of the Twin Cities Obesity Prevention Coalition regarding the possibility of Eagan considering adoption of a "Healthy Community Resolution ". The Mayor, Administrator Hedges and Parks and Recreation Director Johnson subsequently met with four representatives from this coalition to learn more about this initiative. • The Twin Cities Obesity Prevention Coalition is supported by the Twin Cities Medical Society, individual physicians, the American Heart Association, the American Diabetes Association, Bloomington Public Health, the American Cancer Society and others. • No other Minnesota city has adopted a "Healthy Community Resolution" however, examples are available from communities in other states. The coalition describes the impact of a City passing a resolution as follows: "passage by a city council demonstrates a commitment by the city to get engaged in trying to reduce obesity and its impacts on the community." • There is no fee to join the coalition. Coalition members are asked to assist in promoting the coalition through agency publications. • Many of the common programs and initiatives for preventing obesity have been addressed through city activities with the Dakota County Active Living initiative, Dakota County's use of Statewide Health Improvement program and Eagan parks, trails and community recreation programs. These efforts could potentially be highlighted through partnership with the Obesity Prevention Coalition, although no formal benchmarking or recognition program is currently available. • There would be little to no additional cost in terms of staff time since many of these programs and activities are currently in place as part of general parks and recreation services. • At their July 19, 2011 listening session the City Council directed this item to the Advisory Parks Commission for research and recommendation. In October 2011 the APrC held a workshop to review and discuss this initiative and heard from representatives from the Twin Cities Obesity Coalition and Blue Cross Blue Shield. • At their January 5, 2012 meeting the APrC made the following recommendations to the City Council: o Recommend that the City of Eagan become a supporting member of the Twin Cities Obesity Prevention Coalition. o Recommend that the City Council approve the Resolution declaring the City of Eagan to be a healthy eating and active living community as presented. o Recommend that the Advisory Parks Commission use the points in the Resolution to develop a work plan for 2011 -2012. • At their February 8 listening session the City Council asked that this item be brought to the March 13 workshop. Representatives from the APrC, Twin Cities Obesity Coalition and Blue Cross Blue Shield will be present at the workshop to answer any questions. ATTACHMENTS: • January 5 APrC background memo on pages 1 to 2. • Twin Cities Obesity Coalition fact sheet on pages 2.1 to • Proposed Healthy Eating /Active Livin Community Resolution on pages2S to a). • Letters of support on pages 2.1 to by... E• Date: January 5, 2012 Agenda Item: IX -A; Healthy Eating and Active Action: Living Resolution �1 Iv 0f �a�1a11 ate: Information: Attachments: Proposed Resolution AGENDA ITEM: Healthy Eating and Active Living Community Resolution TO: Advisory Parks Commission PREPARED BY: Juli Seydell Johnson, Director of Parks & Recreation ITEM OVERVIEW: The City Council has directed the Advisory Parks Commission to review information from the Twin Cities Obesity Coalition. The coalition has requested that the City consider adopting a "Healthy Community Resolution ". The Council would like this concept to be reviewed in terms of resolution items in terms of services, programs, and facilities that are currently offered or planned by the City. The APrC's role is to discuss the merits of the resolution, edit the sample resolution, if appropriate, and recommend an action to the City Council at a future meeting. BACKGROUND /HISTORY: The Mayor was contacted by members of the Twin Cities Obesity Prevention Coalition regarding the possibility of Eagan considering adoption of a "Healthy Community Resolution ". The Mayor, Administrator Hedges and Parks and Recreation Director Johnson subsequently met with four representatives from this coalition to learn more about this initiative. The Twin Cities Obesity Prevention Coalition is supported by the Twin Cities Medical Society, individual physicians, the American Heart Association, the American Diabetes Association, Bloomington Public Health, the American Cancer Society and others. No other Minnesota city has adopted a "Healthy Community Resolution ", however, examples are available from communities in other states. The coalition describes the impact of a City passing a resolution as follows: "passage by a city council demonstrates a commitment by the city to get engaged in trying to reduce obesity and its impacts on the community." Fact sheets on both the coalition and the Healthy Community Resolution are included for your information. There is no fee to join the coalition. Coalition members are asked to assist in promoting the coalition through agency publications. Many of the common programs and initiatives for preventing obesity have been addressed through city activities with the Dakota County Active Living initiative, Dakota County's use of Statewide Health Improvement program and Eagan parks, trails and community recreation programs. These efforts could potentially be highlighted through partnership with the Obesity Prevention Coalition, although no formal benchmarking or recognition program is currently available. There would be little to no additional cost in terms of staff time since many of these programs and activities are currently in place as part of general parks and recreation services. A subcommittee of the APrC met on October 13, 2011 to review and discuss the proposed resolution. The subcommittee directed staff to prepare the resolution for consideration by the APrC. A copy of the Resolution is attached for Commission review. ALTERNATIVES FOR COMMISSION CONSIDERATION: 1. Recommend to the City Council that the City of Eagan become a supporting member of the Twin Cities Obesity Prevention Coalition. Page 19 2. Recommend that the City Council approve the Resolution declaring the City of Eagan to be a healthy eating and active living community as presented. 3. Recommend that the City Council approve the Resolution declaring the City of Eagan to be a healthy eating and active living community as amended. 4. Recommend that the Advisory Parks Commission use the points in the Resolution to develop a work plan for 2011 -2012. 5. Recommend that no further action be taken at this time. 6. Other. Page 20 20 ...r . , x u- j, �'� ,. - +�k 4...:,,-,1„,:, t;;.�»:. t 4 � , - (all r � _ y I- -?-0-ek-riv ti;,3 a ar* "�'t�: . -•` . • A protect of the Twin Cities Medical Society Why adopt a Healthy Community Resolution in Eagan? • What is a healthy community resolution? A healthy community resolution is more than a proclamation. It outlines the problem, the impacts of the problem and the steps a community can take to help reduce obesity. Its passage by a city council demonstrates a commitment by the city to get engaged in trying to reduce obesity and its impacts on the community. What is the Twin Cities Obesity Prevention Coalition? The members of the coalition include the Twin Cities Medical Society, individual physicians, community members, Catalyst, Rainbow Health Initiative, American Heart Association - Midwest Affiliate, American Diabetes Association, Bloomington Public Health, Appeal for Health, Neighborhood Health Resource, American Cancer Society, Welcyon Fitness and others. What is in a healthy community resolution? A healthy community resolution contains what's best for an individual community. They are not one size fits all and are designed to be malleable to meet the specific needs of a community. For example, they could call for supporting increased community access to school facilities for physical activity and nutrition education; comprehensive community and school -level campaigns to promote healthy behaviors including increased physical activity and healthy eating; partnerships with businesses to promote workplace health and wellness; increasing the number of farmers markets and /or community gardens and efforts to promote healthy eating habits among families. An effective /ideal resolution will include policy goals that allow a community to plan long term around improving the health landscape of a city. Have other communities passed Healthy Community Resolutions? Yes. Healthy community resolutions are becoming increasingly seen as an effective tool that brings policymakers and community members together around the need to help reduce obesity in their community. Resolutions have been introduced and passed in Tacoma Pierce County in Washington as well as over 70 cities in California. The resolution is a fairly new concept in Minnesota but is being considered by a number of communities. 1300 Godward Street NE., Suite 2000, Minneapolis, MN 55413 612.362.3752 janderson @metrodoctors.com I 2-1 Can't Eagan take steps to combat obesity without passing a resolution? No. Being obese is seen by many to be a personal issue. The individual choices people make however are always influenced by the environment in which they live. Over the past decade, Minnesota's physical and social environments have led us to an obesogenic state where fast food restaurants are on every corner, roads are built only for cars and physical activity and exercise have been replaced by couch games in front of a screen. By passing a healthy community resolution, Eagan can set the bar high for residents, encouraging an active lifestyle and reducing the risk for chronic disease. Will healthy community resolutions have an impact on obesity? Absolutely. Healthy community resolutions are a tool for action. A resolution's policy goals can include positive changes in the built environment, parks and recreation areas, employee wellness programs, school nutrition programs and access to healthy foods to name just a few. With obesity rates at 63% in Minnesota, this epidemic is costing $9.3 billion dollars annually. Maintaining that upward trend could cost Minnesota an additional $3.7 billion dollars by 2020. Cities in Minnesota must change the norm around obesity! Why should the City of Eagan pass a healthy community resolution? Passing a healthy community resolution would allow the City of Eagan to implement healthy community policies and encourage businesses, nonprofit organizations, public entities, individuals and other interested community members to participate in a community wide effort to reverse the rise in obesity rates. A resolution with policy goals provides for a continuous plan of action the city can build on year after year. Eagan has made noteworthy strides in improving the health of its community. For example, Eagan has increased nutrition and physical activity options in childcare settings as well as three public school districts; promoted the benefits of breastfeeding in clinic settings and is increasing the number of community gardens throughout the city. However, there is much more that can be done and Eagan has an opportunity to lead the way at the local level in the effort to combat obesity — leadership which will, in turn, encourage other Minnesota cities to do the same. 2.2_ T AT I N S , , 0 . 1.4-wr ,,, ,___ ,.--:- 4 ,,A,,.:.:-__ ..,t. . ms_i_.,,_ _:_._ , ...,,,,,,, -,-,-.1 ri S EA -‘ i� e t-,,'-i. ' $; , .,,,_„.,.._:. . , 1 , .. 7 :---, ,_,` ,'..c- .. ,:.tea „ s�;<s -, _ A project of the Twin Codes medical Society Coalition Member Organization Job Description Member organizations of the coalition will participate in accomplishing the mission of the Twin Cities Obesity Prevention Coalition. Our mission is to provide leadership in mobilizing a community based coalition that will work toward achieving comprehensive obesity prevention policies in Twin City communities. By becoming a member organization of the coalition. you agree to: • Sign the Partnership Organization form • Have your organizational name listed as a supporter on promotional literature and in the media. • To be available by phone and /or email to the project coordinator and the coalition on an as- needed basis and reasonable basis. Your organization can help the Twin Cities Obesity Prevention Coalition achieve its goals by: • Promoting the coalition through communications (newsletters, email alerts, on Facebook, Twitter, member communications etc. • Providing a calendar of organizational events or opportunities at which to recruit /table. • Sponsoring visibility tactics • Recruiting and /or providing lists of members or employees living in the metro to advocate for the Twin Cities Obesity Prevention Coalition campaign. • Provide office space for meetings. • Recruit other agencies, organizations and individuals to the coalition. • Advocating for obesity prevention policies with local elected officials in various media outlets. As a member organization of the Twin Cities Obesity Prevention Coalition. you will have opportunities to: • Collaborate with other community organizations, leaders and elected officials. • Become involved in the local government policy process. • Create a legacy of advancing local community public health through advocacy and partnership. 1300 Godward Street NE Suite 2000, Minneapolis, MN 55413 612.362.3752 janderson @metrodoctors.com 23 . . CITY OF EAGAN A RESOLUTION OF THE CITY COUNCIL DECLARING THE CITY OF EAGAN TO BE A HEALTHY EATING AND ACTIVE LIVING COMMUNITY WHEREAS, lack of physical activity and unhealthy eating patterns are a major cause of overweight and obesity; and WHEREAS, obesity is recognized as a public health epidemic that calls for preventative actions by local communities to reduce this threat to community health, well -being and prosperity; and WHEREAS, the City of Eagan has an interest to preserve, promote and improve the health of its citizens by taking active steps to increase healthy eating and active living within its jurisdiction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan hereby declares that the City will seek opportunities and establish mechanisms to support individual, community and environmental efforts to improve the public's health by encouraging the development and implementation of policies and practices that support and promote healthy eating and active living among citizens in the City of Eagan, as set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, working in cooperation with citizens and businesses, will make every effort to support and promote healthy eating and active living among its citizens through adoption of this Healthy Eating and Active Living Community Resolution and the policies and practices described herein: SECTION 1. ACKNOWLEDGEMENT OF CURRENT PRACTICES BE IT FURTHER RESOLVED that the City Council acknowledges that the City of Eagan has established a high quality of life for its citizens in the community and currently provides a variety of options (e.g. facilities, parks, trails, programs, services, events, etc.) for people of all ages to lead a healthy lifestyle. The intent of this adopted resolution is for the City Council to advocate for the continued sustainability of existing offerings while at the same time recognizing the need to investigate additional policies and practices to be considered for implementation of which examples are set forth in the following sections. SECTION 2. COMPREHENSIVE PLAN BE IT FURTHER RESOLVED that the City of Eagan will review the Comprehensive Plan 2030 to: • Consider adding supplemental healthy eating goals to complement the active living goals therein, with regard to disparities in citizens' access to healthy foods; and SECTION 3. BUILT ENVIRONMENT BE IT FURTHER RESOLVED that the City Council encourages applicable Advisory Parks and Recreation Commission members and City of Eagan employees, including planners, engineers, administrators, and others within the departments of Administration, Parks and Recreation, 2-4 Planning and Zoning, Public Works, and any other departments deemed appropriate, to make every effort to: • Include dedicated green space in all new housing developments • Develop and maintain a cohesive system of parks and trails, incorporating accessible neighborhood parks • Establish processes to assess and improve existing local active living infrastructures • Implement and monitor a complete streets policy. • Enhance personal and community safety (e.g., traffic, lighting, intersections) to improve access to and use of public routes, trails and other public spaces where people are or could be physically active • Support recreation programs that encourage active living • Ensure that physical activity facilities (park facilities, playgrounds, trails, Eagan Community Center, Eagan Civic Arena, Cascade Bay, etc.) are accessible and affordable • Introduce active living issues, such as walkable communities, into public dialogue SECTION 4. PARKS AND RECREATION BE IT FURTHER RESOLVED that the City of Eagan affirms healthy living commitments such as: • Continuation of a joint -use policy to provide community access to school facilities for year -round recreational use; • Develop and implement a healthy vending machine and concessions policy for all city - owned and city- operated concessions in facilities, programs and parks; • Develop and distribute a City of Eagan park and recreation guide to facilitate community access to City trails, paths, parks, picnic shelters, recreation centers, schools, community centers, environmental learning centers and any other sites or facilities open to the public for recreation purposes, including information about locations, hours of operation, contact information, website information, a calendar of annual community events and listing of available amenities and services (e.g., rentals of space or equipment) • Map trails, paths and other non - motorized routes to maximize community access to parks, centers and open spaces, and share maps with border communities to promote connectivity among and between adjacent communities. SECTION 5. ACCESS TO HEALTHY FOODS BE IT FURTHER RESOLVED that in order to increase access to healthy foods and beverages, the City Council supports every effort to: • Continue development and sustainability of community gardens and farmers' markets; • Inventory unused land owned by the City that could be made available for additional community gardening; • Encourage growth and sustainability of farmers' markets by encouraging EBT / SNAP access to and incentives for all licensed farmers' markets in the City; • Identify and take active steps to resolve any public transportation barriers that inhibit community access to full - service grocery stores, supermarkets, corner stores, farmers' markets and community gardens 25 SECTION 6. EMPLOYEE WELLNESS BE IT FURTHER RESOLVED that to increase healthy eating and physical activity in City - operated worksites and serve as a model for other employers, the City Council encourages efforts to investigate: • Development and implementation of a comprehensive employee wellness program that encourages and rewards participation; • Create and promote opportunities for employees to engage in physical activity during the work day (e.g. modifications to workstation to allow for more standing, on -site exercise classes, etc.); • Encourage walking meetings; • Develop and implement a healthy food and beverage policy for City meetings and facilities, including City- operated food and beverage vending machines; and • Designate and make available space for breastfeeding in City facilities. SECTION 7. IMPLEMENTATION BE IT FURTHER RESOLVED that the Advisory Parks and Recreation Commission shall report back to the City of Eagan City Council within one year of the date of this Resolution's adoption and annually thereafter regarding steps taken to implement the Resolution, any additional steps planned and any desired actions that would need to be taken by the City Council or City departments or agencies to further implement steps taken or planned. Adopted by the City Council of the City of Eagan, Minnesota this 15 day of November, 2011. Mayor ATTEST: City Clerk 240 P441VIV4Met,Ar e- Sue Schettle, Chief Executive Officer 1300 G Street NE Suite 2000 WIN CITIES Minneapolis, MN 55413 MEDICAL SOCIETY P: 612 -623 -2885 F: 612-623-2888 www.metrodoctots.com Eagan Advisory Parks Commission members, The physician members of the Twin Cities Medical Society would like to express our strong support of the Eagan Healthy Eating Active Living Resolution. We feel it's important to pass the Healthy Eating Active Living Resolution because it will serve as a tool to help guide long -term planning around efforts to make Eagan as fit and healthy as possible. Over the past decade, Minnesota's physical and social environments, combined with other factors, have caused the obesity rate to skyrocket in the state. Approximately 63 percent of Minnesota adults are overweight or obese. Obesity, in turn, is a contributing factor to heart disease, Type 2 diabetes, hypertension, high cholesterol, stroke, sleep apnea and some cancers. If left unchecked, by the year 2020 nearly 31 percent of the overall increase in Minnesota's health care costs is projected to be due to increases in the rate of obesity. The Healthy Eating Active Living Resolution can begin to change that by creating opportunities, wherever possible and practicable, to make it easier for Eagan's residents to be more active and eat healthier. By passing the healthy eating- active living resolution, a roadmap will be created for the city to implement opportunities and establish mechanisms to support individual, community and environmental efforts to improve the public's health by encouraging the development and implementation of policies and practices that support and promote healthy eating and active living among the residents of Eagan. As physicians, we are compelled to take action against the exploding obesity epidemic we face here in the Twin Cities. By working together as partners in this effort to reduce obesity rates, we stand a better chance of changing norms and helping communities make the healthy choice the easy choice. Sincerely, S Cce, SdLttre-L__ Sue Schettle Pete Dehnel, MD TCMS CEO TCMS President 27 Juli Johnson From: Mary O'Brien on behalf of City Council Sent: Friday, January 13, 2012 3:16 PM To: Juli Johnson; Cherryl Mesko Subject: 2 FW: Healthy Eating Active Living Resolution Here's another email supporting the Resolution. Mary Mary O'Brien 1Administration 1 City of Eagan 41 City of Eagan 1 3830 Pilot Knob Road 1 Eagan, MN 55122 1 651 -675 -5005 1 651 -675- 5012 (Fax) 1 mobrien(acitvofeaoan.com j Eatali THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Colleen Callahan fmailto :colleen @bethecatalyst.coml Sent: Friday, January 13, 2012 3:13 PM To: City Council Subject: Healthy Eating Active Living Resolution Dear Council Members -- I am writing to express my support for the Healthy Eating Active Living Resolution being considered by the Eagan City Council either Jan. 17 or Feb. 8. Obesity is skyrocketing in our country and communities, and this resolution is a critical step in fighting the epidemic. Thank you for your time, Colleen / / / / /CATALYST / / / /// Colleen Callahan I Assistant Program Manager P: 612- 986 -7414 F: 612- 827 -3031 2942 Pleasant Ave S, Mpls, MN, 55408 www.bethecatalyst.org 2E-)--)1 Juli Johnson From: Mary O'Brien on behalf of City Council Sent: Thursday, January 12, 2012 10:35 AM To: Juli Johnson Subject: FW: Healthy Community Resolution Mary O'Brien 1 Administration City of Eagan 4,10. City of Eagan 1 3830 Pilot Knob Road I Eagan, MN 55122 1 651 -675 -5005 ( 651-675- �# 4'L � 5012 (Fax) I mobriencitvofeaoan.com lip NL THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: angela fitch [mailto:akfitch2(agmail.coml Sent: Wednesday, January 11, 2012 8:42 PM To: City Council Subject: Healthy Community Resolution Dear City Council Members, I want to applaud you for considering passing the healthy eating- active living resolution tomorrow! I hope you will pass this important resolution. It's important to pass the healthy eating- active living resolution because it will serve as a tool (guide) for long- term planning around efforts to make Eagan as fit and healthy as possible. Over the past decade, Minnesota's physical and social environments, combined with other factors, have caused the obesity rate to skyrocket in the state. The healthy eating- active living resolution can begin to change that by creating opportunities, wherever possible and practical, to make it easier for Eagan's residents to be more active and eat healthier. By passing the healthy eating- active living resolution, a roadmap will be created for the city to implement opportunities and establish mechanisms to support individual, community and environmental efforts to improve the public's health by encouraging the development and implementation of policies and practices that support and promote healthy eating and active living among the residents of Eagan. I hope you will agree with me that this is an important resolution for Eagan and hopefully many other Minnesota cities will follow. Thank you for your time! Best Regards, Angela Fitch, MD Internal Medicine and Pediatrics Physician Fairview Eagan Clinic 2.q 1 Juli Johnson From: Mary O'Brien on behalf of City Council Sent: Tuesday, January 17, 2012 9:45 AM To: Juli Johnson Cc: Tom Hedges Subject: FW: Healthy Eating Active Living resolution Hi Juli, Here's another one. Please respond. Thanks, Mary Mary O'Brien 1 Administration I City of Eagan City of Eagan 1 3830 Pilot Knob Road 1 Eagan, MN 55122 1 651 -675 -5005 1 651 -675- 5012 (Fax) 1 mobrienacitvofeagan.com THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Iingx002(agmail.com Finailto:lingx002(a>gmail.coml On Behalf Of Louis Ling Sent: Monday, January 16, 2012 2:36 PM To: City Council Subject: Healthy Eating Active Living resolution Dear Councillors, As you know, our community is in a growing crisis of worsening health and lifestyle situations. While you and I are not going to fix this ourselves, any encouragement and support will help us turn the corner to make this an important effort for our citizens to live longer and healthier lives. Thank you for being leaders in this effort. Louis J. Ling, MD Professor of Emergency Medicine Associate Dean for GME University of Minnesota Medical School 612 - 626 -4009 voice 612 -625 -7634 Carla Associate Medical Director Hennepin County Medical Center 612 - 873 -3418 voice 612 - 873 -4401 Carolyn 1 Juli Johnson From: Mary O'Brien on behalf of City Council Sent: Tuesday, January 10, 2012 1:41 PM To: Juli Johnson Subject: FW: Pro- Healthy Eating Active Living Resolution Importance: High Mary O'Brien 1 Administration 1 City of Eagan 41111 City of Eagan 13830 Pilot Knob Road 1 Eagan, MN 551221651-675-50051651-675- �Ull 5012 (Fax) 1 mobrienAcitvofeagan.com City of THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From: Thomas Siefferman [mailto:Thomas.Sieffermanc pyam.coml Sent: Monday, January 09, 2012 12:20 PM To: City Council Subject: Pro- Healthy Eating Active Living Resolution Importance: High As a resident of Eagan now for nineteen years and a life long republican and small government type, I usually oppose government meddling into to the general population activities, BUT as a Pediatrician for nineteen years I have personally witnessed this growing Obesity Epidemic. The tragedy of obesity is that it starts off so innocently in childhood but has such devastating lifelong effects. The 'Healthy Eating Active Living Resolution' is such a common sense, "apple pie, baseball, and love of mother and country" resolution, and the benefits of having Eagan Minnesota to be the FIRST city in Minnesota to pass such a resolution , well, I can see only good for Eagan and the State of Minnesota to pass this wonderful resolution. It will stand as a talking point for companies coming to Eagan that we care about our citizens and we want only the best for them. Any selling point for Eagan will be better for the city's image! More importantly it shows good leadership for the City Council and Mayor to state that we know about this major health threat and your city cares about her citizens enough to encourage a comprehensive effort to ensure all of city government keeps practices known to lessen obesity in the forefront of thought and plans. Once more, I strongly support the Healthy Eating Active Living Resolution, as a citizen of Eagan and as a healthcare provider in our wonderful city! 31 Thomas D. Siefferman MD FLAP Past President of the Twin Cities Medical Society Pediatric and Young Adult Medicine 3420 Denmark Ave Eagan, MN 55122 651 -227 -7806 personal fax 651 - 256 -6743 office fax 651- 256 -6710 Home 1607 Ashbury Place Eagan, MN 55122 651 - 452 -8054 2 Agenda Information Memo March 13, 2012 Special City Council Meeting VI. Cable Franchise Agreements 101 ACTION TO BE CONSIDERED: 1) No formal action needed regarding overview of cable franchise renewal process. 2) However, direction to staff and legal counsel is sought regarding public policy questions FACTS: • On January 30, 2012, the City of Eagan received a franchise renewal request letter from Comcast which formally opens the 3 -year renewal window with the cable company. • Eagan's current cable franchise does not expire until January 6, 2015. • On January 3, 2012, the Eagan City Council authorized the issuance of a Request for Proposals (RFP) for a cable franchise attorney to represent the City of Eagan in its franchise renewal negotiations with Comcast and provide counsel for Eagan's ongoing cable franchise matters. • On February 21, 2012, the Eagan City Council approved the selection of Mr. Brian Grogan, of the Moss & Barnett law firm to represent the City's interests in franchise negotiations. • Mr. Grogan and Eagan Communications Director Tom Garrison are present to provide a brief overview of the three year cable franchise renewal process and to get the City Council's advice on a few public policy questions. Mr. Grogan can also answer questions the Council may have regarding the negotiating process. PUBLIC POLICY QUESTIONS: • A PowerPoint presentation on Tuesday will go through these in more detail, but among the public policy questions for the Council to think about are: > The City will need a negotiating committee. Mr. Garrison & Mr. Grogan seem likely. Does the Council have additional considerations for other appropriate representation? ➢ How would the City Council prefer the negotiators to report back —to the full Council, a standing committee, or a new Council Committee? > How aggressive should City be in pursuit of our negotiated objectives? > Should City use full spectrum of consultants, and resources to prepare for possible formal process? ATTACHMENTS (2): • Comcast franchise renewal request letter on page 3 U • 10 Step overview of successful franchise renewal on pages 3..)to 33 omcast. St River Park Plaza St Paul, MN 55107 Emmett Coleman Vice President, Govemment Affairs Comcast - Twin Cities Region (651) 493 -5774 January 30, 2012 Sent Certified Mail Mr. Tom Garrison Director of Communications City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Subject: FRANCHISE RENEWAL Dear Tom: We at Comcast appreciate the opportunity to serve the citizens of the Eagan franchise area. It is our Credo that we will deliver a superior experience to our customers every day. Our products will be the best and we will offer the most customer friendly and reliable service in the market. In living our Credo, we look forward to providing broadband services to our customers in the Eagan area for many years to come. Therefore, we are taking this step to ensure the renewal of our franchise with you. The Cable Communications Policy Act of 1984 ( "the 1984 Cable Act ") encourages franchisors and cable operators to reach renewal agreements at any time through an informal process of discussion. However, Section 626 of the 1984 Cable Act also provides for commencement of a formal renewal procedure. To preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision. This letter is not intended to introduce a new formality into our discussions, nor is that the intention of the 1984 Cable Act. In fact, we prefer to reach a mutually satisfactory agreement through informal negotiations, thus making many of the 1984 Cable Act's formal procedures unnecessary. I will be happy to discuss this matter with you, or provide any additional information that you may require. I look forward to meeting with you in the near future and to continuing a relationship that, we believe, benefits both the community and the residents of your community. S' er ly, / > e .leman Vice Pre ident, Government Affairs Comcast - Twin Cities Region cc: Ralph Martinez - Comcast - Senior Vice - President — Twin Cities Region Jim Lewis — Comcast — Vice President of Government Affairs, West Division Steven Holmes — Comcast — Vice President of Government Affairs, West Division 3-r •�i•i Moss & Barnett A Professional Association TEN STEPS TO SUCCESSFUL FRANCHISE RENEWAL Brian T. Grogan, Esq. Moss & Barnett, A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 -4129 Phone: (612) 877 -5340 Fax: (612) 877 -5999 E -mail: GroganB @moss- barnett.com Web Site: www .municipalcommunicationslaw.com 35 ••i•i Moss & Barnett A Professional Association Table of Contents INTRODUCTION 1 STEP #1 INITIAL RESPONSE TO OPERATOR'S RENEWAL REQUEST 2 STEP #2 DEVELOPMENT OF INFORMAL PROCESS 3 STEP #3 IDENTIFY CITY'S CABLE - RELATED NEEDS 4 STEP #4 IDENTIFY DEFICIENCIES IN OPERATOR'S PAST PERFORMANCE 5 STEP #5 PREPARATION OF NEEDS ASSESSMENT REPORT 6 STEP #6 DRAFT MODEL FRANCHISE DOCUMENTS 7 STEP #7 ANALYSIS OF OPERATOR'S RESPONSE TO MODEL DOCUMENTS 8 STEP #8 DEVELOP NEGOTIATION STRATEGY 9 STEP #9 NEGOTIATE FRANCHISE LANGUAGE WITH OPERATOR 10 STEP # 10 ADOPT FRANCHISE DOCUMENTS 11 4.3(00 •�i•i Moss & Barnett A Professional Association Introduction There are currently over 10,000 franchising authorities in the United States. Each has granted a cable television operator the authority to provide cable television service within its jurisdiction. This authority may take the form of a resolution, license, permit, agreement or a lengthy franchise document in excess of 200 pages. No matter the form, the authorization will eventually expire, requiring the operator to again seek authorization to provide service in the community. Typically, franchises across the United States were granted for 15 year terms. The vast majority of franchises were initially granted in the late `70s and early `80s. Many of these franchises (unless superseded by state franchising) are now being renewed for the 2 3 or even fourth time. Prior to franchise expiration, however, cable operators and franchising authorities are expected to consider renewal using the procedures specified in the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 (hereinafter collectively referred to as the "Cable Act "). Section 626 of the Cable Act (47 U.S.C. 546) identifies specific procedures to be followed in order to renew cable television franchises. The Cable Act contemplates both a "formal" and "informal" procedure to accomplish renewal. Typically, the process begins approximately three years prior to franchise expiration, with the cable operator sending a letter to the franchising authority requesting renewal. Most commentary on franchise renewal deals with procedural issues outlined under the "formal" renewal process of the Cable Act. A handful of cases have helped to interpret some of the more confusing aspects of the formal renewal process and the process was slightly amended in 1992 to clarify certain ambiguities. In practice, however, the vast majority of cable television franchises are renewed "informally." While cable operators are wise to reserve their rights to the formal protections identified in Section 626 of the Cable Act, most cable operators and franchising authorities prefer the flexibility of the informal renewal process. Unless a franchising authority has had ongoing disputes with its cable operator or otherwise has reason to anticipate a difficult franchise renewal process, the informal renewal process should be far preferable. The informal process affords the franchising authority significant flexibility and allows for a greater exchange of information with the cable operator, ultimately resulting in greatly improved franchise documents. This paper focuses on the "informal" renewal process. Reference is made to significant court cases which help to clarify certain formal procedural issues; however, the steps identified are intended to assist franchising authorities (cities) in handling franchise renewal using the more flexible informal process to arrive at franchise documentation which best serves the needs and interests of the city. 5-1 •�i•i Moss & Barnett A Professional Association Step # 1 Initial response to operator's renewal request The city's goal: Conduct renewal process "informally" while reserving the right to reenter the formal process if the city and operator cannot agree upon franchise documents. Why is this goal important? • Allows city to conduct renewal process without "formal" timing requirements. • Affords greater flexibility to negotiate franchise provisions. • Places city in control of the process and the documents to be considered. • Satisfies statutory requirement. What the city must do to accomplish this goal: The operator's written request for renewal will be sent between 36 and 30 months prior to the expiration of its franchise. The request will trigger the formal renewal process but will likely encourage informal negotiations. 47 U.S.C. 546 (a)(1) requires that the city "commence a needs assessment proceeding" not later than six (6) months after the date such notice is submitted. Upon receipt of this letter, the city should respond by agreeing to proceed informally and requesting that the operator agree in writing to place the formal renewal process "on hold" until the parties determine whether renewal can be achieved through informal negotiations. This written agreement is often referred to as a "standstill agreement." The standstill agreement should clarify that the city's obligation to "commence" a needs assessment proceeding is also on hold or is satisfied by virtue of the agreement. What to expect from the cable operator: Most cable operators prefer the informal renewal process and will execute a standstill agreement so long as each party has the right to reenter the formal process at any time. Typically, the operator will request information on the timing and details of the informal process to be undertaken by the city. The city should endeavor to keep the operator informed of the informal renewal procedure as it moves toward the negotiation stage. However, recognize that in the informal process neither party has any statutory requirements to respond in a prescribed time period or to negotiate at all. Therefore, if both sides are not willing to commit to an informal process it may result in wasted time and money. Key legal considerations: Triad CATV, Inc. v. City of Hastings, No. L89- 30090, slip op. (W.D. Mich. December 21, 1989), aff'd without published opinion, 916 F.2d 713 (6th Cir. 1990). A cable operator is not entitled to "formal" renewal protections unless the city receives written notice between 36 and 30 months prior to franchise expiration. Triad sent notice 12 days late and, thus, waived "formal" protections. 2 •�i•i Moss & Barnett A Professional Association Step #2 Development of informal process The city's goal: Place the city in control of informal renewal proceedings and all document preparation. Why is this goal important? • Ensures renewal process reflects city's timetable. - City staff can anticipate appropriate city meetings for consideration of key issues. - Process can be arranged to avoid difficult times of the year, i.e., holidays, summer vacation season, etc. • The party which drafts the key documents negotiates from a position of strength. • It is always preferable to negotiate from your own documents. • Ensures sufficient time to consider responses from operator. What the city must do to accomplish this goal: Shortly after a standstill agreement is signed, the city should draft an outline of the steps to be undertaken in its informal renewal process. The informal renewal process should include information gathering /needs assessment, document preparation, analysis of the operator's response and negotiation. Particular emphasis should be placed on the information gathering/needs assessment stage, during which the city should solicit information from all interested parties within the city. The informal renewal process should also outline a general time frame to assist the parties in moving forward in the process. What to expect from the cable operator: Most cable operators prefer to handle franchise renewal as quickly and painlessly as possible. Some operators will suggest that the old franchise documents should simply be extended for an additional 3 -5 years - often they may believe that state franchising will occur during that time period and they do not want to commit to a longer term. Other operators may suggest a face -to- face meeting between the company's general manager and the city's mayor or city manager. The operator may appear to be surprised to find the city has developed a detailed informal renewal process. Remember, however, that the operator needs the city's authorization to continue providing service in the community. In the end, operators will participate with an informal process developed by the city. Although, if an operator chooses to delay responses, meetings, etc., the city has little or no leverage to force a more timely schedule. The only recourse available to the city is to pursue renewal via the "formal" process. Key legal considerations: Eastern Telecom Corp. v. Borough of East Conemaugh, 872 F.2d 30 (3rd Cir. 1989), cert denied, 493 U.S. 811 (1989). In the formal renewal process, franchising authority must provide operator "written" notice of filing deadline for renewal proposal, even though not required by Cable Act. 3 39 •�i•i Moss & Barnett A Professional Association Step #3 Identify city's cable - related needs The city's goal: Develop a list of cable- related needs and interests of the city's residents, educational institutions, key community groups and governmental agencies. Why is this goal important? • Provides foundation for franchise documents and negotiations. • Can be used to rebut operator's argument that no demand exists for certain services. • Ensures that significant issues will not arise during the "eleventh hour" of the process because an opportunity did not exist for public participation. What the city must do to accomplish this goal: The city may use a variety of methods to gather information. Often, cities will conduct a subscriber /non - subscriber survey asking for responses on key issues, such as signal quality, customer service, public access channels, equipment and facilities, and related matters. Cities may also employ the services of a technical consultant to review the quality of the existing cable system and make recommendations for upgrades /rebuilds and the need for institutional network services. The city should conduct public hearings to solicit information from members of the general public and may use focus groups comprised of key city leaders, local programming producers or educational leaders to identify needs in specific areas. Finally, the city may solicit information from the cable operator regarding existing policies and procedures and the technical capabilities of the cable system. Be careful not to spend time and effort on issues over which the city has limited control such as rates and programming preferences. Also, pay close attention to the distinction between "cable services" over which the city has control and "telecommunications" over which the city likely has far less control. What to expect from the cable operator: Some cable operators may wish to participate in various information gathering steps. However, most choose to simply observe public hearings and request copies of reports on any surveys conducted. Operators are generally cooperative, completing information requests so long as sufficient time is provided. The key is to gather the information simultaneously so that when a needs assessment report is prepared certain data is not considered irrelevant given the time period when it was collected. Key legal considerations: Time Warner Entertainment Company, L.P. v. Briggs, et al., C.A. No. 92 -401 17 -6N (D.C. Mass., January 14, 1993). Franchising authority cannot require operator to accept franchise which incorporates provisions which conflict with the Cable Act. 47 U.S.C. § 541(b)(D) "... a franchising authority may not require a cable operator to provide any telecommunications service or facilities other than institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a transfer of a franchise." 4 •�i•i Moss & Barnett A Professional Association Step #4 Identify deficiencies in operator's past performance The city's goal: Document operator's performance deficiencies for use (a) if informal process is unsuccessful and (b) to improve deficiencies in existing franchise documents. Why is this goal important? • Protects the city's right to identify operator's past deficiencies as a basis for non - renewal should informal negotiations break down and the parties choose to proceed under the formal renewal process. • Deficiencies in a cable operator's performance often result from franchise provisions which lack specificity or are otherwise ambiguous. - New franchise documents should correct these mistakes. • May result in financial benefit for city prior to franchise renewal, i.e., discovery of franchise fee underpayments. What the city must do to accomplish this goal: The city should carefully review the existing franchise documents and outline all requirements with which the operator must comply. The city should verify whether the operator has complied with these requirements, using technical and/or financial expertise as required. One area typically scrutinized is the operator's payment of franchise fees. Many cities conduct franchise fee audits to ensure the payments have been correctly made and often discover underpayments going back several years, resulting in a financial benefit to the city. These issues, if properly documented, can also be used to strengthen the city's negotiation position during franchise renewal. What to expect from the cable operator: In order to effectively deal with an operator's deficient past performance, the city must issue a written notice of franchise violations and provide the operator an opportunity to cure the deficiency. Operators will argue that if written notice was not provided, the city waived its right to raise objections. Key legal considerations: Rolla Cable Systems, Inc. v. City of Rolla, 745 F. Supp. 574 (E.D. Mo. 1990); Rolla Cable Systems, Inc, v. City of Rolla, 761 F. Supp. 1398 (E.D. Mo. 1991). Cable operator may be denied renewal if past performance is inadequate even if operator has capability to provide quality service. 5 4I •�i•i Moss & Barnett A Professional Association Step #5 Preparation of needs assessment report The city's goal: Preparation of a concise document which clearly outlines the cable - related needs and interests of the community as well as any deficiencies in operator's past performance. Why is this goal important? • The process of preparing the report helps the city to focus on key issues to be addressed in document preparation and negotiations. • Provides a roadmap for the city's negotiation team on key issues. • Provides solid foundation on which to base negotiations and rebut claims made by cable operator. What the city must do to accomplish this goal: The city should assimilate all information obtained during the information gathering /needs assessment stage. This includes all survey information, public hearing and focus group information, responses from key city leaders, local programming producers, educational leaders, and any responses received from the cable operator. If outside technical or financial consultants are involved, their recommendations should be incorporated into the report. The report should be concise in order to be of maximum benefit for document preparation and negotiations, but should be supported by ample documentation and exhibits. What to expect from the cable operator: The cable operator will likely challenge many of the conclusions made in the needs assessment report. In some cases, the operator will conduct separate surveys or evaluations of the system to rebut the city's conclusions. If properly prepared, the city's needs assessment report will nevertheless serve as a valuable tool to ensure the legitimate needs and interests of the city are addressed in the new franchise documents. Key legal considerations: Section 626 of the Cable Act (47 U.S.C. 546 (d)) provides that an operator's request for renewal can be denied during formal renewal process based only on the following criteria: • Whether operator has substantially complied with the material terms of the existing franchise and with applicable law.* • The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix of quality of cable services or other service provided over the system, has been reasonable in light of community needs. • The operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and the operator's proposal is reasonable to meet the future cable - related community needs and interests, taking into account the cost of meeting such needs and interests. * Must provide operator written notice of noncompliance and opportunity to cure. 6 * *i *i Moss & Barnett A Professional Association Step #6 Draft model franchise documents The city's goal: Adopt either a separate regulatory ordinance and franchise agreement or single franchise which include provisions addressing all of the needs and interests identified in the needs assessment report. Why is this goal important? • A regulatory ordinance can be incorporated into the city's code and thereafter unilaterally amended as necessary. • Franchise agreement can be executed based on a procedure identified within the regulatory ordinance. - If more than one operator seeks a franchise from the city, the franchise agreement can address issues which may be unique to that operator. • A single, all inclusive, franchise may be appropriate based on state and local law. What the city must do to accomplish this goal: In preparing a regulatory ordinance, the city should incorporate all rights and regulatory authority allowed under the Cable Act and applicable FCC regulations. The regulatory ordinance should include provisions regarding customer service, technical standards, public educational and governmental access channels, franchise fee requirements, transfer, renewal, indemnification and insurance and related provisions. The franchise agreement should include provisions authorizing operations within the city, line extension criteria, public access equipment and facilities, institutional network provisions, performance bond and/or security fund provisions, franchise term, and other issues unique to the relationship between the operator and the city. What to expect from the cable operator: It is not uncommon for a cable operator to provide the city with its own draft franchise document for the city's review and consideration. The cable operator will prefer to negotiate from their own document since it is far easier for the operator to work from language which generally favors its position and which may maintain consistency with franchises in a given region. The city should avoid working from the cable operator's franchise document. The city will incur far greater expense attempting to negotiate additions /deletions to the operator's proposed franchise than would be expended in drafting its own model document. Key legal considerations: Birmingham Cable Communications, Inc. v. City of Birmingham, CV -87 -L- 0755 -S (N.D. Ala., May 5, 1989). Franchising authority cannot adopt an ordinance prior to completion of the ascertainment proceedings because it is in direct conflict with Cable Act formal renewal requirements. 7 •�i•i Moss & Barnett A Professional Association Step #7 Analysis of operator's response to model documents The city's goal: Develop a list of open issues to be negotiated with the cable operator and identify strengths and weaknesses of city's position. Why is this goal important? • Some of the changes proposed by the operator will be acceptable to the city because they deal with routine, practical issues not affecting the substance of the documents. • The city's negotiation team will need a list of topics to focus on as opposed to negotiating the franchise line by line. • Preparation for negotiations is essential to ensure the city's negotiation team is coordinated and knowledgeable of the pros and cons of each issue. What the city must do to accomplish this goal: When presenting the model franchise documents to the cable operator, the city should specifically request that the operator respond using the legislative format. That is, the operator should strike over language it wishes to delete and underscore all new language proposed to be added to the documents. The city should also require that the operator provide written rationale for each change made to the documents to assist the city in understanding the operator's response. Upon review of the operator's response, the city can then identify those changes which are acceptable and those which will require negotiation between the parties. A short list of key issues should emerge to help focus the negotiations. What to expect from the cable operator: The operator's response will likely reflect changes which the operator may desire but may not require to reach agreement. In other words, the operator will attempt to position itself to have some bargaining power as negotiations proceed. The key for the city is to identify any "false demands" contained in the operator's response so as not to unknowingly negotiate away valuable franchise provisions. Key legal considerations: TCI of South Carolina v. City of Bennettsville, No. 89- 0334 -2 (D.S.C. July 17, 1990). City can't deny renewal without conducting formal renewal proceedings. City's actions may be reviewed by court at any time during formal renewal process even when negotiating informally. 148 [l •�i•i Moss & Barnett A Professional Association Step #8 Develop negotiation strategy The city's goal: Ensure that the city's negotiation team clearly understands the key elements which must be included in franchise documents in order to obtain city approval. Why is this goal important? • Cities typically have several layers of administration which must approve franchise documents. - Cable advisory committees and city staff must understand the desires of elected officials. • City will be negotiating against individuals who negotiate cable television franchises year - round. - Many operators have regional staff which work exclusively on government relations and franchise documents. - The cable operator will be well coordinated and prepared on each and every issue to be discussed. What the city must do to accomplish this goal: The city should establish a negotiation team which consists of individuals with expertise on each particular provision to be negotiated. In other words, if technical or financial issues are to be addressed, the city's negotiation team should consist of individuals knowledgeable in these areas. It is often helpful to have an elected official (city council member) serve on an advisory committee or even the negotiation team to ensure the documents ultimately negotiated will meet the expectations and desires of the city. The negotiation strategy itself should identify all open issues, the strengths and weaknesses of each provision and how the city plans to rebut the cable operator's arguments. What to expect from the cable operator: The cable operator's negotiation team will consist of experienced industry professionals who deal in cable television 365 days a year. They will know the cable television industry better than most city representatives and will reference federal laws, regulations or trends to bolster their position. It is important for the city to place on its negotiation team individuals with sufficient expertise in cable television laws and regulations and the likely industry trends so that the operator's arguments can be effectively rebutted. (45 •�i•i Moss & Barnett A Professional Association Step #9 Negotiate franchise language with operator The city's goal: Reach agreement with operator on strong franchise documents which retain sufficient flexibility to adapt to changes in the law and the industry. Why is this goal important? • Even if the city has a positive relationship with the cable operator, it is entirely possible the system may be sold or transferred during the franchise term. - Franchise documents should be as strong as possible to ensure a reasonable level of service will be provided. - The stronger the franchise documents, the less likely the city will be forced to spend time and money arguing over enforcement issues. • Even if existing city officials are disinclined to be aggressive regulators, subsequent elected officials may find the need to become more aggressive in franchise enforcement. What the city must do to accomplish this goal: City should take charge of negotiations by establishing the timetable for meetings and topics to be discussed. Whenever possible, the city should draft all rewrites of various franchise provisions and should retain control over authorship of the franchise documents. The city should avoid allowing time pressures to impact negotiations and should base negotiations on conclusions made within the needs assessment report. What to expect from the cable operator: The cable operator will likely begin negotiations with the local general manager. If negotiations become protracted, a state or regional manager will become involved. Typically, these individuals lack authority to bind the company on any franchise provisions. Operators will also continually remind the city of the costs associated with each and every requirement within the franchise and may even threaten political pressure on existing elected officials. Finally, If the operator is unable to work effectively with the city's negotiation team, operators may attempt to circumvent the negotiation team, going directly to elected officials even to the point of attempting to discredit the city's negotiation team. Key legal considerations: Continental Cablevision of Massachusetts. Inc. v. Rodney H. Irvin, No. 91 -1 1256 -N (U.S.D.C. Mass. June 4, 1991). Operator can challenge procedures during formal renewal administrative hearings at any time. 1 ' 0 1 ••i•i Moss & Barnett A Professional Association Step # 10 Adopt franchise documents The city's goal: Ensure all federal, state and local procedural steps are satisfied when adopting franchise documents. Why is this goal important? • Typically there are numerous procedural steps to be followed when adopting an ordinance and entering into a contract with a private entity. - Procedure must be coordinated to ensure that necessary steps at city council level are fulfilled. What the city must do to accomplish this goal: The city should outline all federal, state and local procedural requirements to be followed in adopting franchise documents. If the city is within the informal renewal process and a public hearing has already been held, no federal procedural requirements will exist. Typically, under state and local law, adoption of an ordinance requires published notice given approximately two weeks before the scheduled meeting in a newspaper of general circulation. There may be multiple reading requirements, depending upon local law, and typically the ordinance, or a summary of it, must be published within two weeks following adoption. The franchise should identify various acceptance documents to be provided by the cable operator which may include security funds, performance bonds, insurance documents, payment of franchise renewal expenses, and acceptance agreements. What to expect from the cable operator: The cable operator will likely attempt to delay acceptance of the franchise documents for as long as possible. Many operators are now requesting between 60 and 90 days to accept a franchise once approved by a city council. Assuming the process proceeds informally, there is no reason an operator should need more than 30 days to obtain necessary signatures for acceptance of franchise documents. Brian T. Grogan is a shareholder and director with the Minneapolis law firm of Moss & Barnett practicing in the firm's communications, business law and infrastructure practice groups. Since 1988 Brian has worked with entities throughout the country on a variety of cable, telecom, wireless and broadband communications issues. In his business law practice Brian focuses on fiber and conduit lease agreements, mergers and acquisitions and contract matters in the communications and technology industries. Brian is the past Chair of the Communications Law Section of the Minnesota State Bar Association. 324518v1 11�