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2014-11-18_NO FOLDER
To: Mayor and City Council F-4 e''�� 0 iaea Agenda Item M IV. O. From: Ann Kattreh, Parks & Recreation Director; Action Bill Neuendorf, Economic Development Manager Discussion 0 Date: November 18, 2014 Information El Subject: Restaurant Lease Agreement, SNP Enterprises LLC, (Tin Fish) Braemar Golf Course Action Requested: Approve lease and authorize Mayor and City Manager to execute and implement the agreement. Information / Background: Earlier this year, the City decided to outsource the Grill operations at Braemar Golf Course to a private vendor with expertise in delivering higher quality products in a public recreation facility. City staff approached the operators of a popular and established fast - casual restaurant that thrives in a seasonal recreational location to gage interest in operating a restaurant of similar quality at Braemar Golf Course. The owners and operators of Tin Fish restaurant on Lake Calhoun believe that they can deliver superior food and beverage service to the patrons of the Braemar Golf Facility. A lease has been negotiated to bring a new Tin Fish restaurant to Braemar in 2015.This was a challenging lease to prepare since the Clubhouse was not originally designed to accommodate multiple business operations and the market demand for a year -round restaurant at the site is untested. Key members of the Parks and Recreation Department, Economic Development Department and the City Attorney negotiated terms of the lease with the two core objectives: (1) providing first class food and beverage service to the Braemar patrons and (2) maximizing revenue to the Braemar Enterprise Fund. The key terms of the lease are summarized below. Payments to City • Five year term with two similar renewal periods • Rent based on 12% of gross sales (food and beverage) • Based on past sales of $300,000 annually, this equates to $3,000 monthly rent • Sales are anticipated to be higher due to caliber of food service and potential for year -round sales Additional payments include: o $1,200 monthly CAM for utilities o shared cost of waste disposal services Reduced or increased rent also possible to reimburse for improvements to shared facilities o amount approved via Addendum after costs of shared improvements are refined Tenant is responsible for taxes on Premises City of Edina • 4801 W. 501^ St. • Edina, MN 55424 Restaurant Lease Agreement November 18, 2014 Page 2 Scope of Services • Tenant has exclusive rights to kitchen facility • Tenant patrons share the existing seating areas with general public • City to retain scheduling of special events • City to retain first rights to use Valliere Room and outdoor decks for special events • Tenant has non - exclusive rights to cater special events at Braemar and non - exclusive use of catering kitchen • Tenant anticipated to have opportunity to provide alcoholic beverage service; • In the future, successful liquor operations anticipated to expand to an exclusive opportunity to provide alcoholic beverages on site (update of Liquor Ordinance anticipated in spring 2015) Future Service Expansion Three additional services are anticipated to be turned over to the Tenant after the restaurant is fully operational. Lease addendums will be prepared in 2015/2016 to finalize these services: • Operation of on- course food & beverage carts (including alcoholic beverages) • Operation of food and beverage machines located throughout the Golf Course • Operation of updated food and beverage services in the remodeled Executive Clubhouse Construction • City turns over raw space January I, 2015 • Tenant rebuilds kitchen; City updates public spaces Qanuary to April 2015) • Opening date targeted for April 1, 2015, likely to coincide with golf course opening • City pays for demolition and improvements to building shell • Tenant pays for interior build -out of kitchen with partial reimbursement by City for permanent improvements to the Clubhouse • City also pays for updates to public areas of the Clubhouse with partial reimbursement by Tenant Maintenance and Operations • Tenant will strive to compost, reuse and recycle as much as realistically possible • Tenant is responsible for maintaining the Tenant Space • City is responsible for maintaining the common areas and exterior shell of the Clubhouse Staff recommends approval of this Lease as it will bring a popular and high quality food establishment to the Braemar Facility, contribute to revitalization of the aging facility, and holds strong potential to enhance the revenue at the golf course. Attachments: Proposed Lease (35 pages) LEASE AGREEMENT By and Between CITY OF EDINA ( "CITY") And SNP ENTERPRISES, LLC ( "TENANT ") BRAEMAR GOLF COURSE RESTA URANT 176050v14 1 LEASE REFERENCE PAGES (Page 1 of 2) FACILITY: Braemar Golf Course, 6364 John Harris Drive Edina, MN 55439 CITY/LANDLORD: City of Edina CITY'S ADDRESS: 4801 West 50a' St, Edina. MN 55424 LEASE REFERENCE DATE: November , 2014 TENANT: SNP Enterprises, LLC, a Minnesota limited liability company TENANT'S ADDRESS: 4837 West 40`x' Street Minneapolis, MN 55416 PREMISES IDENTIFICATION: Braemar Golf Course Clubhouse Restaurant (identified as "Restaurant" on Exhibit B) TOTAL CLUBHOUSE SQUARE FOOTAGE: Approximately 24,298 square feet LEASED PREMISES AREA: Approximately 2,068 sq. ft. TENANT'S PROPORTIONATE SHARE: 9% USE (AUTHORIZED BUSINESS): Tin Fish Restaurant TENANT'S TRADE NAME: Tin Fish POSSESSION DATE: January 15, 2015 COMMENCEMENT DATE: April 1, 2015 SCHEDULED RENT COMMENCEMENT DATE: April 1, 2015 TERMINATION DATE: March 31, 2020 2 17605004 LEASE REFERENCE PAGES (Page 2 of 2) TERM OF LEASE: Five (5) years beginning on the Commencement Date and ending on the Termination Date (unless sooner terminated pursuant to this Lease) with options for two (2) additional 5 -year temis BASE RENT: 12% of gross sales; See Article 3 for Rent and Additional Rent CAM $1,200.00 /month SECURITY DEPOSIT: $5,000:00 due at signing of this Lease The Reference Page information is incorporated into. and made a part of the Lease between Tenant and the City dated `as of , 2014 ( "Lease "'). In the event of any conflict between any Reference Page information and the Lease, the Lease shall control. The Lease includes Exhibits A, B; C, and D which are all made a part of this Lease. LANDLORD /CITY:_ TENANT: CITY OF EDINA SNP ENTERPRISES, LLC By: By: James Hovland, Mayor Sheffield Priest Its: And: Scott Neal, City Manager Date: 17605004 92014 3 And: Athena Priest Its: Date: 52014 THIS LEASE AGREEMENT made and'entered into this day of 2014, by and between the CITY OF EDINA, a Minnesota municipal'corporation, ( "City ") and SNP ENTERPRISES, LLC, a Minnesota limited liability company, doing business as,Tin Fish ( "Tenant ")._ RECITALS A. The City =owns and operates the Braemar Golf Course located at 6364 John Harris Drive, Edina, Minnesota, 55439 ( "Golf Course "), as legally described in Exhibit A attached hereto; B. The Golf Course facility is currently configured with 27- regulation holes of golf, driving range; putting green, clubhouse, executive clubhouse and miscellaneous outbuildings '("Facility"); C. The clubhouse located within the Faci.l'ity``is a two -level structure ( "Clubhouse ") that includes the following: Upper Level: a pro shop ( "Pro Shop "), special event area ( "Val,lid're Room'% full service kitchen area, catering kitchen area, public seating /dining area ( "Club Room "), restrooms and circulation space, approximately 12,774 square feet; and Lower Level: golf cart storage, men's and women's locker rooms, restrooms, three lounge /meeting rooms and miscellaneous storage ,and mechanical space, approximately 11,524 square feet in area; D. The City intends to renovate portions of the Clubhouse to improve conditions for facility users and the general public; E. The City desires to lease the restaurant area of the Clubhouse to the Tenant for restaurant service to the public consistent with the quality of the Golf Course, together with the possible .future on- course food and beverage cart service and Executive Clubhouse service; F. The Tenant desires to operate the restaurant and on- course food and beverage services and related services at the Facility; G. The City and the Tenant desire to coordinate the Tenant operations with the Golf Course to provide a seamless first class experience for those interested in utilizing the Clubhouse; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein the parties hereto agree as follows: 4 17605004 ARTICLE 1— LEASED PREMISES Subject to the terms, covenants and conditions of this Lease, the City does hereby lease and let unto Tenant, and Tenant does hereby hire, lease and take from the City, approximately 2,068 square feet of upper level space in the Clubhouse containing .the commercial kitchen and customer service counters and specifically marked on said Exhibit B (the "Premises "). The Premises consists of approximately nine (9 %) percent of the total Clubhouse area, excluding outdoor deck and patio areas. ARTICLE 2 - USE A. The Premises will be "used by the Tenant only for the Authorized Business purpose, and related activities, including on -site food and beverage. services, catering services, and potentially operation of food and beverage carts for the Golf Course. The Tenant operation will be commensurate with a first class golf operation and banquet facility. Tenant shall have the non - exclusive right to serve food in indoor and outdoor common areas of the facilities designated by the City and specifically marked on Exhibit C (the "Common Areas ") from time to time for such purpose. Tenant shall also have the non - exclusive right to serve food in indoor and outdoor areas of the facilities designated by the City and specifically marked on Exhibit C (the "Special Event Areas ") with the permission of the Facility Manager. B. Tenant shall apply for all such licenses, permits and approvals necessary for it to conduct the Authorized Business within the Premises and on the Facility, and shall diligently pursue such applications, and take all reasonable actions within its control to obtain such licenses, permits and approvals. The obtaining and retaining of such licenses shall be Tenant's sole responsibility, the failure of which shall be deemed a Default hereunder. C. The Tenant is permitted to use and store two (2) food trucks at the Facility, subject to the prior approval of the Facility Manager concerning storage, location, operation, days and hours of Tenant's food trucks. D. Tenant shall always conduct its operations in the Premises and at the Facility under its present trade name, unless the City shall otherwise consent in writing to a different name, which consent shall not be unreasonably withheld by the City E. Tenant is permitted to prepare food in the Premises for off -site consumption. F. Tenant, its employees, agents, guests and invitees shall have the reasonable non- exclusive right to use the Common Areas (as hereinafter defined) of the Facility, including, but not limited to, upper level circulation corridors, lower and upper level restrooms; Club Room seating area, outdoor patio near front entrance of Clubhouse, Valliere Room, upper level of Executive Clubhouse, two outdoor decks, parking facilities, sidewalks, driveways, access ways, and common hallways as shown on Exhibit "C" ( "Common Areas ") as further detailed under Article 7 and the City shall have the full control, management and direction of the Common Areas. The Club Room will be the primary restaurant patron seating area. 17605004 G. Except as otherwise provided herein, Tenant shall keep the Premises (including all windows and doors leading to the Premises clean and in an orderly and presentable manner. H. Tenant further agrees not to commit or permit any. act to be performed on the Premises or any omission to occur which shall be, in violation of any statute, regulation or ordinance of any governmental body or which will increase the, insurance rates on the. Facility or which will be in violation of any insurance policy carried on the Facility by the City. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders, rulings and directives for the correction; prevention and abatement of any violation upon, or in connection with, the Premises or Tenant's use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant's sole cost and expense. I. Tenant shall comply with the.-non-smoking requirements for the Facility and Clubhouse. ARTICLE 3 — TERM OF LEASE A. The term of this lease shall be five. (5) years as set. forth in the Reference Page. (hereafter referred to as the "Initial Term ") upon -the rentals and subject to the conditions set forth in this Lease, and the Exhibits attached hereto. The Commencement Date and the Termination Date are specifically subject to, the provisions of Article.6 hereof. B. Tenant shall, provided this Lease is in full force and effect and Tenant is not in Default under any of the other terms and conditions of this Lease at the time of notification, have the option to renew ( "Renewal Option ") this Lease for two 5 year terms ( "Renewal Terms ") on the same terms and conditions set forth in this Lease, except as modified by the terms, covenants and conditions as set forth below: 1. If Tenant elects to exercise the Renewal Options, then Tenant shall provide the. City with written notice no earlier than a date which is one year prior to the Termination Date of the this Lease but no later than a date which, is one hundred eighty (180) days prior to the Termination Date. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Lease. The notice shall be given in the manner provided in this Lease 16rthe giving of notices to the City. -- 2. The Renewal Options are not transferable and the parties acknowledge and agree that they intend that the aforesaid Renewal Options of this Lease shall be "personal" to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid options to renew. 3. If both Renewal Options provided for above are exercised, Tenant shall have no further right to extend the Term of the Lease. 4. If the Renewal Options are exercised, the parties will review and renegotiate Rent, CAM and other fees, such as waste removal, under the Renewal Term to better 6 17605004 reflect taxes and actual costs and usage at the time the renewal is exercised. If the parties cannot agree on these terms, no renewal will take effect. ARTICLE 4 - RENT A. Rent. Tenant agrees to pay to the City as rent (hereinafter called "Rent ") for the Premises, without notice, setoff, or demand; except as specifically set forth herein, monthly rent equal to twelve (12 %) percent of Tenant's gross sales derived from all of Tenant's operations on the Facility, including sales conducted on publicly owned and operated property located within the City of Edina, subject to the adjustments, as hereinafter set forth. For each month during the Lease Term, said monthly installments to be due and payable by Tenant on or before the fifth day after every month for the prior month. Each payment shall be accompanied by a statement showing the gross sales during the payment period itemized by total daily receipts. B. Additional Rent. In addition to other costs and fees identified under the terms of this Lease, Tenant agrees to pay the following as Additional Rent: 1. The City will provide waste removal services to the Clubhouse and Premises. Tenant agrees to pay sixty - five (65 6/o) percent of the waste removal services cost for the Clubhouse, excluding yard and construction waste as Additional Rent. C. Adjustments to Rent. Notwithstanding any other terms; covenants or conditions herein, the Rent may be adjusted by written addendum to this Lease as follows: 1. Move -in Period Rent: From the Possession Date to the Commencement of the Lease, Tenant shall pay no Rent, but shall be responsible for fifty (50 %) percent of the monthly. CAM fee. 2. Reduced Rent: (i) Tenant Work Provided Under Exhibit D. The base rent shall be temporarily reduced to reflect the. Tenant's direct out of pocket costs for reimbursable Tenant work identified in Exhibit D to the extent the Tenant's reimbursable work exceeds the cost of City reimbursable work. Base rent shall be reduced by not more than seven (7 %) percent of the gross sales derived from Tenant's operations until the amount is repaid, upon completion of all Tenant and City Work and following Tenant's submission of receipts for the reimbursable work and approval of receipts by the City. No separate addendum shall be required for this rent reduction. (ii) Future Tenant Work. The base rent may be temporarily reduced to reflect Tenant's direct out of pocket costs for future capital improvements to the Clubhouse or related public areas provided that the costs and term of reduced rent are mutually agreed upon in advance by the City and the Tenant. The addendum shall detail the cost of Tenant's reimbursable capital improvements. At no time will the reduced rent be less than five (5 %) percent of the gross sales derived from the Tenant's operations. 176050x14 3. Increased Rent. (i) City Work Provided Under Exhibit D. The base rent shall be temporarily increased to reflect the City's direct out of pocket costs for reimbursable City work identified in Exhibit D to the extent the City's reimbursable work exceeds the cost of Tenant's reimbursable work. Base rent shall be increased by not more than five (5 %) percent of the gross sales derived from Tenant's operations until the amount is repaid, upon completion of all Tenant and City Work and following City's submission of receipts for the reimbursable work and approval of receipts by the Tenant. No separate addendum shall be required for this rent increase. (ii) Future City Work. Base Rent may be increased by no more than five (5 %) percent of the gross sales derived from Tenant's operations for capital improvements paid by City approved for reimbursement by Tenant. The increase shall reflect the City's costs associated with capital improvements to the Facility, including the Clubhouse, or related public areas that are mutually agreed to be beneficial to the Tenant. The term of the increased rent shall be mutually agreed upon by the City and Tenant. The addendum shall detail the cost of the City's reimbursable capital improvements; D. Records. Tenant shall maintain complete and accurate financial books and records of its operations at the Facility in accordance with generally accepted accounting principles. The City or its representatives shall be entitled to inspect the books and records of Tenant's operations at the Facility identified in Article 2, during regular business hours at least once per month. In the event that such audit by the City or its representatives determines that the City has been underpaid or overpaid: the amount of any such underpayment shall be remitted to the City within ten (10) days of written notice to Tenant; and any such overpayment may be subtracted from future payments by Tenant. E. Late Rent. Tenant recognizes that late payment of Rent or any other sum due under this Lease will result in administrative expense to the City, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if rent or any other sum is not paid when due and payable pursuant to this Lease, a late charge shall be imposed in an amount equal to: Two Hundred Fifty Dollars ($250.00), plus interest equal to five percent (5 %) per annum for the unpaid rent or other payment. Any rent payment which is made late shall be accompanied by Tenant payment of the late payment fees. In addition, Tenant may be assessed a customary service fee for any check which is returned as NSF non - sufficient funds. The provisions of this Section do not relieve Tenant of the obligation to pay Rent, Additional Rent or other payments on or before the date on which they are due, nor do the terms of this Section in any way affect the City's remedies pursuant to Article 21 of this Lease in the event Rent or other payment is unpaid after date due. F. Security Deposit. Tenant shall deposit the Security Deposit, Five Thousand Dollars ($5,000.00), with the City upon the execution of this Lease. Said sum shall be held by the City as security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease to be kept and performed by Tenant and not as an advance rental deposit or as a 8 176050x14 measure of the City's damage in case of Tenant's Default. If Tenant. Defaults with respect to any provision of this Lease, the City may use any.part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any amount which the City may spend or become obligated to spend by reason of Tenant "s default, or to compensate the City for any other loss -or damage which the City may suffer by reason of Tenant's Default. If any portion is so used, Tenant shall within five (5) .days after writfen demand therefor, deposit with the City an amount sufficient to restore the Security Deposit to its original amount, and Tenant's failure to do so shall be a material breach of this Lease. Except to such extent, if any, as shall be required by law, the City shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Depositor any balance thereof shall be returned to Tenant upon the second anniversary of the Commencement Date of this Lease. ARTICLE 5 - CONSTRUCTION Tenant agrees to take and shall take the Premises in its "as is" condition; except for those alterations, if any, set forth specifically as the City's responsibilities on Exhibit "D" ( "City's Work "). The City's Work (if any) may be performed during the "Move -in- Period" (as defined in Article 6 below) or such later date as is necessary and Tenant hereby grants to the City the right and license to enter the Premises for purposes of doing any of City's Work. Any improvements to the Premises other than the City's Work shall be made by Tenant ( "Tenant's Work"), as defined in Exhibit "D' at the sole cost and expense of Tenant, subject to all other provisions of this Lease, including - compliance with all applicable governmental laws, ordinances and regulations. ARTICLE 6 — POSSESSION AND MOVE -IN PERIOD A. Except as otherwise provided, the City shall deliver, possession of the Leased Premises on'the Possession Date set forth on the Reference Page to allow Tenant to install trade fixtures and equipment and to construct Tenant's Improvements (subject to the terms and conditions of this Lease), as hereinafter defined ( "Move -in Period "). Failure of the City to deliver possession of the Premises by the Possession Date, shall automatically postpone the . Commencement Date of this Lease and shall extend the Termination Date by periods equal to those which shall have elapsed between and including the date specified for commencement of the Move -in Period and the date on which possession of the Premises is delivered to the Tenant. Tenant's occupancy during the Move -in Period shall in all respects be the same as that of the Tenant under this Lease, with the exception of the payment of Rent. The Rent herein reserved shall commence on the Scheduled Rent Commencement. During the Move -In Period, the Tenant shall pay an amount equal to fifty (50 %) percent of the CAM fee charged under this Lease Agreement. During the Move -in Period, the City shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left within the Leased Premises. B. City agrees to perform and complete the City Work, subject to events and delays due to causes beyond its reasonable control. Tenant shall have the right and privilege of going onto the Premises to complete interior work and' to prepare the Premises for its intended use under this Lease; provided, however, that its schedule in so doing shall be communicated to City and the approval of City secured so as not to interfere with other work of City being carried on at 0 17605004 the time for City; and provided further that City shall have no responsibility or liability whatsoever for any loss or damage to any of Tenant's leasehold improvements, fixtures, equipment or any other materials installed or left in the Premises prior to the Commencement Date. ARTICLE 7 — USE OF COMMON AREAS A. Except as otherwise provided herein, Tenant, and its licensees, concessionaires, employees and customers (for purposes of this Article, collectively "Tenant ") shall have the non - exclusive right to use the Common Areas in common with the City, other users and tenants of the Facility and other persons entitled to use the same. The City may require that automobiles operated by Tenant or its employees be parked in specific portions of the Common Areas or other parking areas outside the Facility which are in reasonable proximity thereto. Tenant shall not interfere with the rights of other persons to use the Common Areas. The City may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with the construction of buildings or other improvements within the Facility or contiguous property, (ii) repairs or alterations in or to the Common Areas or to any utility type facilities, (iii) security reasons, or (iv) doing and performing such other acts as in the use of good business judgment the City shall determine to be appropriate for the Facility (v) private rentals of areas of the Facility for catered events; provided however, that the City shall use reasonable efforts not to unduly interfere with or disrupt Tenant's business. The City shall have the right at any time to change the dimensions and location of any buildings in the Clubhouse and the arrangement and/or locations of entrances, parking areas, sidewalks, landscaped areas, passageways or other parts of the Common Areas and to change the name, number or designation by which the Clubhouse is commonly known. Tenant's use of the Common Areas shall be subject to such rules and regulations as may from time to time be made by the City or Facility Manager for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Facility. B. Tenant's use of the of the Valliere meeting room, upper level restrooms, southern outdoor deck and/or western outdoor deck shall be prohibited when scheduled by the City for a private meeting, party or other special event. C. The City and Tenant agree that the City will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the Common Areas. The parking areas shall include those areas designated by the City, in its sole discretion, as either restricted or unrestricted parking areas. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of vehicles, other than food trucks complying with Article 2, without the prior permission of the City. D. The control, general cleanliness, operation, repair and maintenance of the Common Areas and any changes thereto shall be subject to the City's sole management and control and the expenditures therefore shall be at the sole discretion of the City. The City shall maintain the Clubhouse in a first -class condition. 10 17605004 E. The City shall take reasonable provisions to secure access to the Club Room from other Common Areas of the Clubhouse during, non - business hours of the Tenant. ARTICLE 8 — COMMON AREA MAINTENANCE AND UTILITIES A. For its share of Common Area Maintenance ( "CAM "), Tenant shall pay as Additional Rent One Thousand Two.Hundred ($1,200.00) Dollars per month. This amount is based on an estimate of costs for the Facility and the Tenant's expected use of utilities that will not be 'Separate ly> petered. Tenant's-CAM charge shall increase each year of this Lease by two (2 %) percent. The CAM may change from time to time, 'if g.g., the Premises area changes due to a lease amendment, Clubhouse is expanded, etc. Tenant's initial CAM Charge is set forth on the Reference Page. CAM payments pursuant to this Article shall be paid in monthly installments as provided in paragraph A of Article 4. 1. "CAM" shall be defined as: all direct costs of operation, maintenance, repair and management of the Clubhouse, as determined in accordance with generally accepted accounting principles, including the following costs by way of illustration, but not limitation: insurance charges relating to all insurance policies and endorsements deemed by City to be reasonably necessary or desirable for the protection, preservation or operation of all or any part of the Clubhouse; utility costs for all parts of the Clubhouse shared in ,common by tenants of the Clubhouse and tenants' utility costs to the extent not separately metered such as natural gas, electricity, water and sewer; the cost of security and alarm services, (including any central station signaling system); the cost of maintaining, repairing and replacing any heating, ventilating and air conditioning systems not otherwise being paid for by tenants; the cost of landscaping and seasonal decorations; the cost of maintaining and repairing any exterior stairway, truck way, loading dock, package pick -up station, pedestrian sidewalk; the cost of maintaining, repairing, operating and policing the buildings and improvements in the Clubhouse, and its appurtenances and equipment, including, without limitation, the roof, common signage, the parking lot and any driveway areas, including the construction and maintenance of lighting facilities therefor, comfort stations and first aid stations, exterior window cleaning costs; labor costs; all management costs including: management fees, if any; employee benefits and payroll taxes; accounting and legal fees; material costs; equipment costs, including the cost of service agreements on equipment; tool costs; the costs of licenses; permits and inspection fees, and any sales, use or service. taxes' incurred in con_ nection therewith. Excluded are amounts chargeable to specific tenants of -the Clubhouse and amounts resulting from structural replacements to the exterior of any individual store buildings of the Clubhouse which are normally chargeable to capital account under sound accounting principles. CAM shall not include depreciation or amortization of the Clubhouse or equipment in the Clubhouse except as provided herein, loan principal payments, costs of alterations of tenants' premises; leasing commissions, interest expenses on long -term borrowings, advertising costs or management salaries for executive personnel other than personnel located at the Clubhouse. In addition, City shall be entitled to amortize and include as an additional rental adjustment: (i) an allocable portion of the cost of capital improvement items which are I reasonably 11 176050v14 calculated to reduce operating expenses; (ii) fire sprinklers and suppression systems and other life safety systems; and (iii) other capital expenses which are required under any governmental laws, regulations or ordinances which were not applicable to the Clubhouse at the time it was constructed. All such capital costs shall be amortized over the reasonable life of such improvements in accordance with such reasonable life and amortization schedules as shall be determined by the City in accordance with generally accepted accounting principles, with interest on the unamortized amount at one (1 %) percent in excess of the prime lending rate announced from time to time as such by U.S. Bank National Association. ARTICLE 9 - UTILITIES AND SERVICE A. Commencing with the date on which the City delivers the Premises to Tenant, Tenant shall be responsible for the payment of all separately metered utilities required for the proper operation of Tenant's business, together with all taxes levied or other charges on such utilities and governmental charges based on utility consumption. Tenant shall allow the City any access to the Premises necessary to meter, submeter and/or monitor usage of gas, water, sewer and electricity. Tenant agrees to maintain and clean Premises and keep the same in a sanitary and orderly manner. Tenant shall remove its own organics, recycling and trash and deposit in dumpsters provided by the City adjacent to the Clubhouse.. Should Tenant fail to clean and maintain the Premises and remove waste therefrom as required herein, the City shall have the right to complete such services and charge Tenant such costs as additional rent. Tenant agrees not to waste any utilities and will adopt affirmative practices and policies so as to maximize a conservative use of all utilities. B. The City agrees to provide the heating, ventilating and air conditioning units ( "HVAC ") currently servicing the Premises, which shall be maintained by the City, the costs and expenses of which shall be part of CAM. The City will also bear the full cost of any sanitary sewer access charges (SAC) assessed to the Facility as a result of the Tenant's Work and use of the Premises as a restaurant. C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under the City's control shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. D. The Tenant shall pay for all other services it needs to operate on the Premises including telephone and other telecommunications services used in or charged against the Premises during the term of the lease. The Tenant agrees to coordinate these services with the City where reasonably available to promote communication between the City and the Tenant operations and shall allow for maintenance and repair of all apparatus providing such utilities and services provided by the City to the Premises. The Tenant shall be responsible for all maintenance and repair of utilities and other services supplied or ordered solely by the Tenant. 12 176050x14 E. Prior to installing any equipment in the Premises that generates more than a minimum amount of heat, or places a substantial demand for electrical power on the Clubhouse electrical system, or a substantial demand for utility consumption or transmission of any kind on any system, the Tenant shall- obtain the written permission of the City. The City may refuse to grant such permission. if the City determines the. installation would place an undue burden on the Clubhouse HVAC' systems or the amount of power required would place an undue burden on the Clubhouse electrical system. F. Tenant shall employ the services of a pest control company to reasonably ensure that the Premises and waste dumpster area for the Clubhouse are free from pests. Tenant shall be responsible for all costs associated with the -pest control services. ARTICLE 10 —TAXES A. Tenant .is responsible. for and shall pay any, sales taxes, personal property taxes, real estate taxes or special assessments incurred by the City or Tenant as a result of this Lease or Tenant's activities under the Lease, including use of the Executive Clubhouse. B. The Tenant shall be responsible for payment of personal property taxes in the event that they are assessed against Tenant by reason of Tenant's operations conducted on public property under this Agreement. Tenant shall give written notice of such assessment to the City. C. Failure to pay such taxes when due shall constitute a breach of this Agreement entitling City to terminate this Agreement or the Tenant's right to possession of the Premises or both, but only after the City has given the Tenant ten days' notice in writing ordering the Tenant to make said tax payment. D. City and Tenant agree -that the Property is currently exempt from taxes pursuant to Minn. Stat. § 272.02. In the event taxes are assessed against either the City or Tenant as a result.of this Lease and pursuant to Minn. Stat. § 272.01, Tenant shall pay such taxes. The City, agrees to cooperate with Tenant to reduce, taxes if Tenant contests, protests, petitions for review, or otherwise seeks a reduction of Taxes. During the second through fifth year of the Initial Term of this Lease, if Tenant's gross sales are Three Hundred Thousand ($300,000.00) Dollars or less for the previous year, then the Tenant shall have the right to request a rent reduction if taxes assessed against the City or Tenant as a result of this Lease and pursuant to Minn. Stat. § 272.01 exceeds Twelve Thousand ($12,000.00) Dollars per annum. The City will not unreasonably withhold consent in granting such reduction. ARTICLE 11 - NON - LIABILITY OF CITY Except.in the event of negligence of the City, its agents, employees or contractors, the City shall not be liable for any loss or damage for failure to furnish heat, air conditioning, electricity, water, sprinkler system, sewer or gas service. The City shall not be liable for personal injury, death, unauthorized access or any damage from any cause about the Premises or the Facility except if caused by City's gross negligence. 13 176050v14 ARTICLE 12 - CARE OF FACILITY A. Tenant agrees: 1. To keep the Premises in as good condition and repair as they were in at the time of completion of the City's and Tenant's Work, reasonable wear and tear and damage from fire and other casualty for which insurance is normally procured excepted; 2. To keep the Premises in a safe, clean and sanitary condition and in compliance with all applicable laws, ordinances, rules and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the Clubhouse or from personal injuries, deaths or property damage occurring in, on or about the Clubhouse; 3.. Not to commit any nuisance or waste on the Premises, overload the Premises or the electrical, water and /or plumbing facilities in the Premises or Facility, throw foreign substances in plumbing facilities, or wastefully use any of the utilities furnished by the City; and 4. To abide by such rules and regulations as may from time to time be reasonably promulgated by the City or Facility Manager; 5. To maintain a controlled access to the Premises. Tenant shall provide to the Facility Manager a key to access the Premises. B. If Tenant shall fail to keep and preserve the Premises in the state of condition required by the provisions of this Lease Agreement, the City may at its option put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof, as additional rent. C. The Tenant shall coordinate with the City for the routine maintenance and repair of the nonstructural and interior components of the Premises, including glass doors and windows, and the Tenant shall pay the City for the costs of all such maintenance and repair services provided by the City. D. The Tenant shall be responsible for maintenance, repair and replacement of all specialty equipment fixtures and furniture used or supplied by the Tenant in the operation of its business on the Premises, including all utility systems within the Premises. E. The City shall maintain and repair, at its cost, the roof, structural components of exterior walls (including doors and windows), HVAC equipment, structural parts of the floors, and the exterior components of the Clubhouse. The Tenant shall immediately notify the City, in writing, of the need for repair of items which the City is obligated to maintain and repair, after which time, the City shall have a reasonable opportunity and time to repair same The City liability with respect to any repairs or maintenance for which the City is responsible shall be limited to the City cost of such repair or maintenance. 14 176050v14 F. Notwithstanding the foregoing allocation of responsibility for repair and maintenance, the Tenant shall bear the expense of any damage to the Premises, whether caused to roof structure, walls or any other portion of the Premises and Common Areas caused by the Tenant, its officers, employees, agents, or ,invitees, or their guests. The City shall repair at its expense any damage to the Premises or Common Areas caused by the City, its officers, employees, agents, or attendees of City events. For the purposes of this paragraph, golfers shall be considered City invitees when they enter the Premises for the purpose of purchasing food or beverages. ARTICLE 13 - INSPECTION The City or its employees or agents shall have the right without any diminution of rent or other charges payable hereunder by Tenant to enter the Premises at all reasonable times, upon 24 hours advance notice to Tenant, for the purpose of exhibiting the Premises to prospective tenants or purchasers and/or inspection, cleaning, repairing, testing, altering or improving the same or said Clubhouse, but nothing contained in this Article shall be construed so as to impose any obligation on the City to make any repairs, alterations or improvements. No notice shall be required under this Article in the event of an emergency. ARTICLE 14 - ALTERATIONS A. Except as otherwise provided under Article 4 of this Lease, Tenant will not make any alterations, repairs, additions or improvements in or to the Clubhouse or Premises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the City as to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work. Such consent shall not be unreasonably, withheld or delayed, if such alterations, repairs, additions or Improvements are required of Tenant or are the obligation of Tenant pursuant to this Lease Agreement. All such work shall comply with all applicable governmental laws, ordinances, rules and regulations. The City as a condition to said: consent may require a surety performance and /or payment bond from the Tenant for said actions. Tenant agrees to indemnify and hold the City free and harmless from any liability, loss, cost, damage or expense (including attorneys` fees) by reason of any said alteration, repairs, additions or improvements. B. By written addendum to this Lease -Agreement, the Tenant may make additional improvements to fhe Clubhouse and adjacent public areas and the costs of such improvements shall be paid in accordance with Article 4 and as provided in the applicable addendum. ARTICLE 15 - SIGNS AND ADVERTISING A. The Tenant shall not cause or permit the display of any sign notice or advertising in or about the Premises or Facility without the prior written consent of the City as to the number, size and location of all Tenant signs at the Facility. The City shall have sole discretion whether to approve or disapprove such signage. The Tenant shall remove, at its sole expense, all 15 176050v14 of its signs or other advertising on or about the Facility prior to vacating the Premises, and shall repair any damage to the Facility caused by such removal. B. . The City will, as part of the renovation of the Clubhouse, construct anew monument or pillar sign at the entrance to.the Golf Course. The City and the Tenant will work together to ensure that any signage on the Clubhouse is consistent with the architectural theme of the Premises. The Tenant and the City will work to design and, construct the entrance signs to meet the needs of both parties. Tenant will also be allowed two exterior sign to be attached to the Clubhouse, subject to review and approval by the City. Tenant will pay :for its share of the cost for all signs. C. The Tenant shall maintain its signage in at least as good a condition as the City maintains the rest of the signage for.the Clubhouse. D. Tenant's use of the City or Golf Course logo or reference to the City, or Golf Course in its advertising shall be .permitted; subject to the review and, approval by City prior to use. City's use of Tenant name or logo shall be permitted, subject to review and approval by Tenant prior to use. Approval under this section shall not be unreasonably denied by either party. E. The City shall work cooperatively (but not. exclusively) to promote the Tenant.to users at other nearby City recreation facilities including.the Braemar Golf Dome and the Braemar Ice Arena and Braemar Soccer. Dome. ARTICLE 16 OPERATION, HOURS OF BUSINESS AND MENU A. Tenant shall open for business in the Premises on the Commencement Date and shall operate its business continuously during the term of this lease. Tenant agrees to open the Premises for business and provide food and beverage service each day during the golfing season from at least 6:30 a.m. to: 9:00 p.m., unless otherwise agreed upon by the City and Tenant .in writing. During the non - golfing season the Premises shall be open and Tenant shall provide food and beverage service at hours agreed to by the City in writing based on Facility usage. Service outside of the hours identified herein is subject to advance notification of and approval by the Facility Manager or the Facility Manager's designee, not to be unreasonably withheld. B. Tenant shall provide restaurant menu items. of a consistent quality as offered by Tenant at its Lake Calhoun location, which shall include -non -fish entrees and children's menu items. Tenant agrees that any beverages to be purchased and sold by Tenant with regard to the Clubhouse shall be subject to any beverage policy or`contract maintained by the City, including the October 2011 Agreement with Pepsi Beverage Company. C. Tenant shall not provide food, beverages .or. merchandise .to City employees at a discount or without charge, except as otherwise offered to the public generally. 16 176050v14 D. Tenant shall maximize composting, re- usability and recycling in its restaurant operations, including the kitchen area and customer service areas. E. For the purpose's of any on -sale liquor license issued to the Tenant, the licensed area shall include the Premises and be consistent with the license for a golf course. The Tenant shall comply with all laws federal, state and local- laws relative to the sale and distribution of alcoholic beverages. Tenant agrees that nothing contained herein shall absolve it from responsibility for full compliance with all laws relative to the sale and distribution of alcoholic beverages. The Tenant shall maintain a liquor license continuously during possession of the Premises under this lease. Failing to maintain a liquor license will be considered a material default of the lease conditions. F. The Tenant shall obtain and maintain during the existence of this 'Lease all licenses permits or certifications as may be required by law to operate its business in the Premises or on the Golf Course. G. The Tenant will be allowed to cater events at the Clubhouse and use the banquet kitchen on the same terms_as other entities allowed to cater at the Clubhouse. H. The City and the Tenant agree that the City golf' operations and the Tenant restaurant and associated operations are synergistic and that coordination between the two operations is vital to success of both. To that end, the City and the Tenant agree that at least two (2) times per year, the Tenant will meet with the City Park and Recreation Director or their designee to discuss overall operations. In addition, the Tenant marketing promotions staff will meet with the City golf operations staff at least once every month to coordinate golf events, cross marketing and promotions and coordination of operational activities. I. The Tenant agrees to observe the City rules and policies for the Facility, Clubhouse, and Premises. The City may amend these rules and policies and such amended rules and policies shall be binding on the Tenant, provided such changes do not contradict the terms and conditions of this Lease. The rules and policies will not unreasonably interfere with the operations of the Tenant as contemplated at the time of the execution of this Lease. J. The City shall furnish the Club Room with tables and chairs. The number, style, form and color,of tables and chairs shall be subject to the mutual approval of the City and Tenant. Tenant shall reimburse the City for one -half the cost of the tables and chairs. K. Tenant desires to operate the City's golf course beverage cart service in the future. Tenant's operation of the golf course beverage service shall require execution of an addendum to this Agreement specifying the terms of such service and operation. L. Tenant desires to provide food and beverage service at the Executive Clubhouse located at the Facility. Tenant's operation of food and beverage service at the Executive Clubhouse shall require execution of an addendum to this Agreement specifying the terms of such service and operation. 17 17605004 M. ,Tenant desires to provide vending services within the Clubhouse in the future. Tenant's operation of vending service within the Clubhouse shall require execution of an addendum to this Agreement specifying the terms of such service and operation. ARTICLE 17 - LOSS BY CASUALTY If more than thirty -three (33 %) percent of the Facility or more than twenty -five (25 %) percent of the Clubhouse is damaged or destroyed by fire or other casualty, the City shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and City does not elect to terminate this Lease Agreement, the City shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall abate during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. ARTICLE 18 - WAIVER OF SUBROGATION The City and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through, or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided however, that this release shall be. applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party's policies shall contain a clause or endorsement to the effect that any such release would not adversely affect or impair said policies or prejudice the right of the releasing party to recover thereunder. The City and Tenant agree that they will request their insurance carriers to include in their policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. ARTICLE 19 - EMINENT DOMAIN If the entire Facility is taken by eminent domain, this Lease Agreement shall automatically terminate as of the date of taking. If a portion of the Facility is taken by eminent domain, the City shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of taking. If a portion of the Premises is,,taken-by eminent domain and this Lease Agreement is not terminated by the City, the City shall, at its expense, restore the Premises to as near. the condition which existed immediately prior to the date of taking as reasonably possible, and the rentals shall abate during such period of time as the' Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the powervof, eminent domain shall belong to and be the sole property of the City, irrespective of the basis- upon which they are awarded; provided, however; that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include the City's giving of a deed under threat of condemnation. 18 176050v14 ARTICLE 20 - SURRENDER On the last day of the Term of this Lease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 12 hereof. On or before said last day, Tenant shall, at its expense, remove all of its portable and detached equipment from the Premises, except as otherwise provided herein, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions, coolers, freezers, custom - installed appliances, exhaust hoods and fixtures other than Tenant's trade fixtures, which have been made or installed by either the City or Tenant upon the Premises shall remain as the City's property and shall be surrendered with the Premises as a part thereof, or shall be removed by Tenant, at the option of the City, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Premises (hereafter "Wiring ") shall be removed at Tenant's cost at the expiration of the Term, unless the City has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as the City's property. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall indemnify the City against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to the City at the place then fixed for payment of rent and shall inform the City of combinations on any locks and safes on the Premises. ARTICLE 21 - NONPAYMENT OF RENT, DEFAULTS A. If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to the City shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in any parking agreement(s) or other agreements between the City and Tenant relating to the Premises, and such violation or default shall continue for a period of ten (10) days after written notice from the City of such violation or default; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action, then it shall be optional for the City, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balance of the Term of this Lease Agreement, and the City shall be entitled to periodically sue Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure, as well as reasonable attorneys' fees incurred or awarded in any suit or action instituted by the City to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due the City hereunder. Tenant agrees to pay interest at the highest permissible rate of interest allowed under the usury statutes of the State of Minnesota, or in case no such maximum rate of interest is 19 176050v14 provided, at the rate of fifteen (15 %) percent per annum, on all rentals and other sums due the City hereunder not paid within ten (10) days from the date same become due and payable. Each right or remedy of the City provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by statute or otherwise. B. If the Tenant defaults three (3) times within any twelve (12) month period and receives a notice of default from the City, then regardless of whether such defaults are, or have been, timely cured, the City may, at its sole option, be entitled to terminate this lease by giving sixty (60) days written notice to the Tenant. ARTICLE 22 - CITY'S DEFAULT The City shall not be deemed to be in default under this Lease Agreement until Tenant has given the City written notice specifying the nature of the default and the City does not cure such default within fifteen (15) business days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than fifteen (15) business days to cure. ARTICLE 23 - HOLDING OVER Tenant will, at the expiration of this Lease Agreement, whether by lapse of time or termination, give up immediate possession to the City. If Tenant fails to give up possession the City may, at its option, serve written notice upon Tenant that such holdover constitutes any one of (i) renewal of this Lease Agreement for one year, and from year 'to year thereafter, or (ii) creation of a month -to -month tenancy, or (iii) creation of a tenancy at sufferance. If the City does not give said notice, Tenant's holdover shall create a tenancy at sufferance. In any such event the tenancy shall be upon the terms and conditions of this Lease Agreement, except that the Minimum Rental shall be double the Minimum Rental Tenant was obligated to pay the City under this Lease Agreement immediately prior to termination (in the case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any legal action to gain repossession of the Premises. In the case of a tenancy at sufferance, Tenant shall also pay to the City all damages sustained by the City resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by the City of any right of reentry as otherwise available to the City; nor shall receipt of any rent or any other act consistent with continued tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by Tenant hereof. ARTICLE 24 - SUBORDINATION Tenant agrees that this Lease Agreement shall be subordinate to any mortgage(s) that may now or hereafter be placed upon the Facility or any part thereof, and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements, and extensions thereof, provided the mortgagee named in such mortgage(s) shall agree to recognize this Lease Agreement or Tenant in the event of foreclosure provided the Tenant is not in default. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument, in recordable form, as required by a landlord mortgagee. In the event of any mortgagee electing to 20 176050x14 have the Lease. Agreement a prior encumbrance to its mortgage, then and in such event upon such mortgagee notifying Tenant to that effect, this Lease Agreement shall be deemed prior in encumbrance to. the;said mortgage, whether this Lease Agreement is dated prior to or subsequent to the date of said mortgage. ARTICLE 25 - INDEMNITY, INSURANCE AND SECURITY A. Tenant will keep in force at its own expense for so long as this Lease Agreement remains in effect public liability insurance with respect to the Premises in.which the City shall be named as an additional insured, in companies and in form acceptable to the City with a minimum combined limit of liability of Two Million Dollars ($2,000;000.00). This,lithit shall apply per location. Said insurance shall also provide for contractual liability coverage by, endorsement. Tenant shall further provide for business interruption insurance to cover a period of not less. than six (6) months.. Tenant will further deposit with the City,the: policy or policies of such'insurance or certificates _thereof, or other acceptable evidence that such insurance is in effect, which evidence shall provide that the City shall be notified in writing thirty (30) days ,'prior to cancellation, material change, or failure to renew the insurance. Tenant further covenants and agrees to indemnify and hold the City, its,officers, employees and agents harmless for any claim, loss or damage, including reasonable attorney's fees, suffered by the City the City's employees or the City's other tenants caused .by: i) any act or omission by Tenant, Tenant's, employees . or anyone claiming through or by Tenant in, at, or around the Premises or the .Facility; ii) the conduct or management of any work or thing whatsoever done by Tenant in or about the Premises or from transactions of the Tenant concerning the Premises; or iii) Tenant's failure to comply with any and all governmental laws, rules, ordinances or regulations applicable to the use of the.Premises and its occupancy. Tenant shall also comply with all applicable state and local laws, statutes, ordinances and regulations, including applicable provisions of Minn. Stat. §340A.408 et. seq. regarding dispensing or selling of alcohol in the event Tenant should ever obtain license to sell beer and /or wine; and Tenant shall at all times maintain such "dram shop insurance having limits in compliance with the provisions of Minn. Stat. §340A.409., If Tenant shall not comply with its covenants made in this Article 25, the City, may, at its option, cause insurance as aforesaid to be issued and in such event Tenant agrees to pay the - premium for such insurance promptly upon the City's demand. Notwithstanding the foregoing, Tenant shall not sell or. dispense beer, wine, liquor or; any other alcoholic beverages from the Premises without the prior consent of the City, which consent the City may grant or withhold for any or no reason. B. Tenant shall be responsible for the security and safeguarding' of the Premises and all property kept, stored or maintained in the Premises. The City will make available:to Tenant, at Tenant's request, the plans and specifications for construction of the Premises. Tenant represents that it is satisfied that the construction of the:,Premises, including the floors, walls, windows, doors and means of access thereto are suitable for the particular needs of Tenant's business. Tenant further represents that it is satisfied with the security of the Clubhouse and Premises for the protection of any property which may. be owned, held, stored or otherwise caused or permitted by Tenant to be present upon the Premises, including the City's method of securing the Club :Room to restrict access from other common areas of the Clubhouse during non - business hours of the Tenant. The placement and ,sufficiency of all safes, vaults, cash or security drawers, cabinets or the like placed upon the Premises by Tenant shall be at the sole 21 176050v14 responsibility and risk of Tenant. Tenant shall maintain in force throughout the Term, insurance upon all contents of the Premises, including that owned by others and Tenant's equipment and any alterations, additions, fixtures, or improvements in the Premises acknowledged by the City to be the Tenant's. C. The City shall carry and cause to be in full force and effect a fire and extended coverage insurance policy on the Facility, but not Tenant's merchandise, trade fixtures, furnishings, operating equipment, wall, floor and window coverings, nor any other contents owned, leased or otherwise in possession of Tenant. The cost of such insurance shall be a CAM expense. ARTICLE 26 - NOTICES All notices from Tenant to the City required or permitted by any provisions of this Lease Agreement shall be directed to the City postage prepaid, certified or registered mail, at the address provided for the City in the preamble to this Lease Agreement or at such other address as Tenant shall be advised to use by the City. All notices from the City to Tenant required or permitted by any provision of this Lease Agreement shall be directed to Tenant, postage prepaid, certified or registered mail, at the Premises and at the address, if any, set forth on the signature page of this Lease Agreement. The City and Tenant shall each have the right at any time and from time to time to designate one (1) additional party to whom copies of any notice shall be sent. ARTICLE 27 - APPLICABLE LAW This Lease Agreement shall be construed under the laws of the State of Minnesota. ARTICLE 28 - MECHANICS' LIEN In the event any mechanic's lien shall at any time be filed against the Premises or any part of the Facility by reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. If Tenant shall fail to cause such lien forthwith to be discharged within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of the City, City may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by the City and all costs and expenses, including reasonable attorneys' fees incurred by the City in procuring the discharge of such lien, shall be due and payable in full by Tenant to the City on demand. ARTICLE 29 - SECURITY INTEREST Tenant hereby grants to the City a security interest in all goods, chattels, fixtures and personal property belonging to Tenant, except for food trucks, which now is or may hereafter be placed in the Premises, to secure all rents due hereunder and all other covenants and obligations of Tenant hereunder. In the event there exists any security interest in said property which security interest is paramount and superior to the security interest herein created, the City may satisfy said paramount security interest, and all sums paid in satisfying said security interest will be considered additional sums owed the City by Tenant hereunder. Tenant hereby 22 176050v14 acknowledges receipt of a true, full and complete copy of this Lease Agreement. The City, in the event of a default by Tenant of any covenant or condition herein contained, may exercise, in addition to any rights and remedies herein granted, all the rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law. Tenant agrees upon request of the City to execute and deliver to the City a financing statement evidencing such security interest. A copy of this Lease Agreement may be filed as a financing statement. ARTICLE 30 - BROKERAGE Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with this Lease Agreement, and agrees to indemnify the other against, and hold it harmless from all liabilities arising from any such claim, including without limitation, the cost of attorney's fees in connection therewith. ARTICLE 31 - ESTOPPEL CERTIFICATES Each party hereto agrees that at any time, and from time to time during the Term of this Lease Agreement (but not more often than twice in each calendar year), within ten (10) days after request by the other party hereto, it will execute, acknowledge and deliver to such other party or to any prospective purchaser, assignee or mortgagee designated by such other party, an estoppel certificate in a form acceptable to the City. Tenant agrees to provide the City (but not more often than twice in any calendar year), within fifteen (15) days of request, the then most current financial statements of Tenant and any guarantors of this Lease Agreement, which shall be certified by Tenant, and if available, shall be audited and certified by a certified public accountant. The City shall keep such financial statements confidential, except the City shall, in confidence, be entitled to disclose such financial statements to existing or prospective mortgagees or purchasers of the Facility. ARTICLE 32 - GENERAL This Lease Agreement does not create the relationship of principal and agent or of partnership or of joint venture or of any association between the City and Tenant, the sole relationship between the City and Tenant being that of the City and tenant. No waiver of any default of Tenant hereunder shall be implied from any omission by the City to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. The covenants of Tenant to pay Rent and the Additional Rental are each independent of any other covenant, condition, or provision contained in this Lease Agreement. The marginal or topical headings of the several Articles, paragraphs and clauses are for convenience only and do not define, limit or construe the contents of such Articles, paragraphs or clauses. All preliminary negotiations are merged into and incorporated in this Lease Agreement. This Lease Agreement can only be modified or amended by an agreement in writing signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. If any term or provision of this Lease Agreement shall to any extent be held invalid or unenforceable, the remainder shall not be affected thereby, and each other term and provision of this Lease Agreement shall be valid and be enforced to the fullest extent permitted by law. If Tenant is a corporation, each individual executing this Lease Agreement on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this 23 176050v14 Lease Agreement on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation or in accordance with the Bylaws of said corporation, and that this Lease Agreement is binding upon said corporation in accordance with its terms. No receipt or acceptance by the City from Tenant of less than the monthly rent herein stipulated shall be deemed to be other than a partial payment on account for any due and unpaid stipulated rent; no endorsement or statement of any check or any letter or other writing accompanying any check or payment of rent to the City shall be deemed an accord and satisfaction, and the City may accept and negotiate such check or payment without prejudice to the City's rights to (i) recover the remaining balance of such unpaid rent or (ii) pursue any other remedy provided in this Lease Agreement. (Neither party shall record this Lease Agreement nor any memorandum thereof, and any such recordation shall be a breach of this Lease Agreement void, and without effect.) Time is of the essence with respect to the due performance of the terms, covenants and conditions herein contained. Submission of this instrument for examination does not constitute a reservation of or option for the Premises and this Lease Agreement shall become effective only upon execution and delivery thereof by the City and Tenant. ARTICLE 33 - EXCULPATION Tenant agrees to look solely to the City's interest in the Facility for the recovery of any judgment from the City, it being agreed that the City and the City's officials, employees, and agents shall never be personally liable for any such judgment. ARTICLE 34 - CONTINGENCIES The City's obligations under this Lease Agreement are expressly contingent upon the following items: (a) the City securing all required approvals to entitle the project; (b) approval of the Edina City Council of the project; and (c) approval of the Edina City Council of this Lease Agreement. ARTICLE 35 — DISPUTE RESOLUTION In the event that a dispute arises under this Lease that is not deemed a default and that the parties cannot resolve, they shall allow the dispute to be decided by a Dispute Panel in the following manner: each party to this Lease shall appoint one person who is not involved in the dispute to the Dispute Panel and the members so appointed shall jointly appoint an additional member to the Dispute Panel. The Dispute Panel shall review the facts. Lease terms and applicable statutes, rules and policies, and make a determination of the dispute. The determination of the Dispute Panel shall be final and binding on the parties hereto. ARTICLE 36 — SUBLETTING AND ASSIGNMENT The Tenant shall not have the right to transfer, assign, sublease, or license the Premises or any portion thereof without the prior written consent of the City which consent may not be unreasonably denied. A transfer under this Article shall not prohibit Tenant's transfer of all of Tenant's stock or assets to an entity in which Tenant owns greater than a fifty (50 %) percent interest. 24 17605004 ARTICLE 37 — MISCELLANEOUS A. Time is of the Essence. The Tenant's performance, of its obligations under this Lease is a condition as well as a covenant. Time is of the essence in the performance of all conditions and covenants. B. Non- discrimination. The Tenant agrees that while using the Premises as allowed by this Lease the Tenant will not discriminate against any person upon the basis of race, creed, color, religion, gender, sexual orientation, national origin, age, marital status, status with regard to public assistance, veteran status, or physical or mental disability. C. Data Practices. As a tenant of the City, the Tenant will comply with the Minnesota Data Practices Act ( "Act ") as it may apply to the Tenant rights under this Lease. The City will cooperate with the Tenant in complying with the Act. If the Tenant receives a data request under the Act, the Tenant shall immediately notify the City compliance official who will work with the Tenant in responding to the request in a reasonable manner and time frame. D. Authority to Execute. The individual executing this Lease on behalf of the Tenant hereby represents that he or she is duly authorized to execute and deliver this Lease. on behalf of the Tenant and that.this Lease shall be binding upon said entity in accord with its terms. E. Entire Agreement. This Agreement restates the entire understandings and agreements between_ the parties, whether oral or written, and supersedes all prior agreements and amendments thereto. This Agreement may be amended only in writing, signed by the parties hereto. This Agreement is binding on the parties hereto their assigns and successors. F. Severability. If any portion of this Agreement is found invalid by a court of competent jurisdiction all other provisions remain in full force and effect. G. Counterparts. This Lease may be executed in counterparts and each counterpart constitutes an original document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. [The remainder of this page has been intentionally left blank. Signature pages follow.] 25 176050v14 STATE OF MINNESOTA ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by James Hovland and Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and,pursuant to the authority granted by its City Council. Notary Public 7 1 26 17605004 i SNP ENTERPRISES, LLC By: Sheffield Priest Its And By: Athena Priest Its STATEOF MINNESOTA ) (ss. COUNTY, OF ) The foregoing instrument was acknowledged before me this day of 2014, by 'Sheffield Priest, the and Athena Priest, the of SNP Enterprises, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell, Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 AMP 27 17605004 EXHIBIT A Legal Description of Golf Course Property The following described land situated in the County of Hennepin and State of Minnesota: The South 1/2 of the Northeast Quarter; The South 10 acres of the Northeast Quarter of the Northeast Quarter, except that part thereof lying Northerly of a line described as follows: Beginning at a point on the North line of said South l0 acres, distant 790 feet East of the Northwest comer thereof, thence Southwesterly at an angle of 34 degrees with said North line a distance of 273 feet; thence Northwesterly to a point on the West line of said South .10 acres, distant 64 feet South of the Northwest corner thereof and there terminating; The West 1/2 of the Southwest Quarter excepting the West 550 feet thereof; and except that part thereof lying West of the Easterly line of a strip of land lying within. a distance of 112.5 feet on each side of a center line described as follows: Beginning at a point on the North line of Section 18 Township 116, Range 21, distant 852.5 feet East of the'Northwest corner of said Section; thence Southeasterly at an angle of 73 degrees and 42 minutes (as measured from East to�South) % ,a, distance of 200 feet; thence deflect to the right at an angle of 180 degrees a distance of'100 feet to-,actual point of beginning of line to be described; thence continue on said course a distance of 894:4 feet; thence deflect to the right along a 1 degree 30 minute curve- (delta angle 17 degrees 27 minutes, tangent distance 586.2 feet) a distance of 1163.3 feet and there, terminating; The East 1/2 of the Southwest Quarter; All of the Southeast Quarter; The South 1/2 of the Northwest Quarter except that part thereof lying between the North line of said South 1/2 of the Northwest Quarter and the center line of County Road Number 39 and except the West 950 feet thereof, all in Section 7, Township 116, Range 21. i Subject to a power line easement. in favor of Northern States Power Company over the South 20 feet of Section 7, Township 116, Range 21, as granted and set forth in paragraph II of that certain stipulation dated October 18, 1951, fled November. 8, 1951 executed by and between Samuel G. Smilow as attorney for F.J. Hays and W.S. Hooper attorney for Northern States Power Company as set forth in deed of record in Book 1051 of Deeds, page 639. Together with 3 public road easements in a width of at least 60 feet over and across the following described property to -wit: The West 550 feet of the Southwest 1/4 and the West 950 feet of the South 1/2 of the Northwest 1/4 lying South of the center line of County Road No. 39, all in Section 7, Township 116, Range 21 as shown in deed Doc No 528524. See instrument as to termination of said easements. 28 176050x14 Exhibit B Tenant Premises Page B -1 N > 0 C) 0 Exhibit C .. ......... .. .......... . ...... ................ .......... s f i g9:J aaa � j ......................:.. .. ........... ... . ..�........ .... #. ...A...... ... 1 E ii is �. <.. ...... .... ... c+� I ..... ............... .. ..... a �� s � �..... r. .......... p.......... ........................ f. • R g. m.. g� ............... ...... .............. ®. ...... ...............q.. ... ...................... ....... ....... .................... Common Areas of Clubhouse - generally available for use by 1 Tenant patrons and general public Note that at least one of the two restroom areas will be available to Tenant at all times. Page C -1 0 0 Exhibit C i........... ..... .......... rh , .......................:. .. I a I � I I I .. ........................ 5. .....� '..... .. ........ ........�. Qo•I...... 1 r i i • I' I •8-1 II I: I ... ....................... ...... .......... 1 ........:...................... ............. ..... ... 2 ......................... . ......• ..........:.... ... ...� .... .............. ... : ..... r. ..:.. ..I J i r •: I 1 I : 1 1 1 ........ ...... b.. a� : ................. i i ..................... ... .................. ............ ... ...... ....... ........... ....... ....... .................... Special Event Areas of the Clubhouse - may be available to Tenant unless reserved for a special event 0 Page C -2 EXHIBIT D CITY'S WORK AND TENANT'S WORK The City shall deliver the Premises in "AS IS" condition, except as hereinafter set forth, and Tenant shall take the Premises in its current "AS IS" condition without any other modification or alterations to be performed by City. Plans and Specifications and /or a description of improvements and/or modifications to the Premises and/or the Property to be made by City (if any) and/or the Tenant are attached as Exhibit "13-1" and by this reference incorporated herein (hereafter called the "Plans ") (if for any reason the Plans are not so attached hereto as Exhibit "D -1" for Tenant's Work, then Tenant must secure City's written approval, prior to the doing of any "Tenant's Work ", as defined below). The Plans, if so attached, have been approved by each of City and Tenant. The parties acknowledge that the Plans are to modify the Premises and /or the Property to accommodate Tenant's intended use. Tenant shall be responsible for constructing and paying for the cost of the improvements as shown on the Plans (hereafter referred to as the "Tenant Improvements "). A. City's Work. City agrees to perform the following work: Summary of City Improvements non- reimbursable Description Timing Demolition of grill area (Tenant space) December 2014 - January 2015 Leveling floor of tenant space and Club Room, as needed and installation of floor drains in Premises floor, per architectural plans December 2014 - January 2015 Updated wall, ceiling and floor finishes in Club Room seating area Spring 2015 Updated catering kitchen & scullery Spring 2015 Interior finishes of Valliere Room Spring 2015 Interior finishes of upper level toilet rooms and adjacent circulation corridor Spring 2015 Updated furnishings and interior decorations for circulation corridor/lobby Spring 2015 Operable partition or gate between main entrance and Club Room Spring 2015 Replacement of or improvements to operable panels between Club Room and Valliere Room Spring 2015 17605004 32 Suinmary of ON Work Reimbursahle through Increased Rent B. Tenant's Work. Tenant shall not commence construction of the Tenant Improvements (the "Tenant's Work ") until Tenant has complied with the terms, covenants and conditions of this Lease including the conditions set forth herein, pursuant to paragraph- 1(iv) below. Tenant's Work shall be coordinated with City's Work (if any) and/or other tenants of City to such a degree that such Tenant's Work will not interfere with nor delay the completion of City's Work and/or other tenants of City in the Building. Tenant's Work shall be performed in a.first -class workmanlike manner and shall be in good and usable condition at the date of completion thereof. Unless specifically set forth in the Plans to the contrary, Tenant's Work shall be as follows: 1. General Requirements. i. Tenant shall deliver to City the Plans for Tenant's. Work within the Leased `Premises. Said submittal shall be made no later than within forty five (45) days from the date of execution of this Lease. ii. Tenant shall obtain written approval, from City' of all work, materials, equipment, fixtures, furnishings, etc., which become a permanent part of the structures and shall conform to all design criteria and construction guidelines established by the City. iii. Tenant shall be responsible for obtaining all required construction document reviews with all governing authorities to obtain all required building permits, inspections, occupancy permits, operating licenses, etc., pertaining to the Tenant's construction work and nature. of Tenant's business. iv. Tenant shall not begin construction activities until approval has been granted by,City. V. All work undertaken by the Tenant shall be at Tenant's sole cost and expense, except as otherwise specifically provided herein. vi. Tenant's construction activities shall not damage or compromise the structural integrity of the Clubhouse and all work shall be done in accordance with the applicable building codes, laws and ordinances. The Tenant shall be held liable 33 176050v14 Portion Maximum Reimbursement Description Timing Reimbursable to through Increased Rent Tenant Outdoor patio by main Spring 50% of actual $6,000 Clubhouse entrance 2015 costs Tables and chairs in the Spring 50% of actual $10,000 Club Room 2015 costs Total $16,000 B. Tenant's Work. Tenant shall not commence construction of the Tenant Improvements (the "Tenant's Work ") until Tenant has complied with the terms, covenants and conditions of this Lease including the conditions set forth herein, pursuant to paragraph- 1(iv) below. Tenant's Work shall be coordinated with City's Work (if any) and/or other tenants of City to such a degree that such Tenant's Work will not interfere with nor delay the completion of City's Work and/or other tenants of City in the Building. Tenant's Work shall be performed in a.first -class workmanlike manner and shall be in good and usable condition at the date of completion thereof. Unless specifically set forth in the Plans to the contrary, Tenant's Work shall be as follows: 1. General Requirements. i. Tenant shall deliver to City the Plans for Tenant's. Work within the Leased `Premises. Said submittal shall be made no later than within forty five (45) days from the date of execution of this Lease. ii. Tenant shall obtain written approval, from City' of all work, materials, equipment, fixtures, furnishings, etc., which become a permanent part of the structures and shall conform to all design criteria and construction guidelines established by the City. iii. Tenant shall be responsible for obtaining all required construction document reviews with all governing authorities to obtain all required building permits, inspections, occupancy permits, operating licenses, etc., pertaining to the Tenant's construction work and nature. of Tenant's business. iv. Tenant shall not begin construction activities until approval has been granted by,City. V. All work undertaken by the Tenant shall be at Tenant's sole cost and expense, except as otherwise specifically provided herein. vi. Tenant's construction activities shall not damage or compromise the structural integrity of the Clubhouse and all work shall be done in accordance with the applicable building codes, laws and ordinances. The Tenant shall be held liable 33 176050v14 i for any damage caused by the Tenant.or Tenant's employees and/or Contractors. vii. All work undertaken by the Tenant shall be coordinated with the City so as not to interfere with City's construction schedule (if any) or interfere with any other tenant of the Clubhouse. All contractors .employed by Tenant shall allow other contractors, even of the same trade, to work on the Premises without interference. viii. Tenant shall be responsible for the cost of receipt. of all deliveries and unloading of all materials pertaining to Tenant's construction activities. All deliveries shall be made through the service door (where provided). Storage of equipment and materials shall be confined to the Premises unless consented to by City, which consent shall not be reasonably withheld. ix. Tenant shall ` keep the Clubhouse and ` the Premises free . from accumulations of debris caused by the Tenant's contractors and /or employees. Tenant shall arrange,for services to be provided for the removal of debris during the period of Tenant's-'construction activity. X. Tenant shall clean HVAC filters clogged by dust or other debris resulting from Tenant's construction activities. 2. Exterior Work. Tenant shall perform no work, other than installation of two new exterior doors to the patio area, which would in any way alter or modify the appearance or structural integrity of the Clubhouse without prior written approval from the City. 3. Interior Work. Tenant shall provide all necessary work according to the Plans and all local and state code requirements. The work shall include, but not necessarily be limited to, the following: Snmmnry of Tenant imnrovements (non- Reimhursahle) Description Timing Build out of kitchen, food,prep, cooking and serving areas, within Tenant Spring 2015 Space including: finishes, utility connections (including any relocation from current stubs), relocation of sprinkler piping,, electric lines and HVAC,ducts and interior walls and counters New exterior doors to patio includes any expense to relocate utilities Spring 2015 -area, Si a e interior and exterior and menu boards S rin 2015 All portable and removable cooking, food prep and serving equipment. Spring 2015 Customer seating and waiting area4djacent to service counter; including Spring 2015 fixtures and furnishings 17605004 -34, ' Summary of Tenant Work Reimbursable through Reduced Rent 4. City's Approval. City's approval of the Plans shall not constitute an acknowledgment that Tenant's Work, done in conformity therewith, will conform thereto, and Tenant shall be solely responsible for corrections in Tenant's Work if it does not conform to the Plans 'or the requirements of any governmental agency. Tenant shall secure its own building and occupancy permits. City shall have the right to inspect the construction of Tenant's Improvements and/or supervise, .to the extent City deems reasonably advisable to ensure that the construction of Tenant Improvements conform to the Plans. City shall not ,by reason of any such inspection or supervision assume or have any responsibility to Tenant or any entity for either the quality of any Tenant's Work or any loss, injury or damage suffered by anyone by reason of the quality or performance of any Tenant's Work. City reserves the right to require changes in Tenant's Work when necessary by reason of code requirements or directives of governmental authorities having jurisdiction over the Premises. 5. Iridemnification. Tenant shall save, protect, indemnify and hold harmless City, the Premises and the Clubhouse and land of which the Premises are a part, from and against all claims in the nature of mechanics' liens arising out of either any contracts entered into, or any services, labor or materials rendered, with respect to the Tenant's Work or the Tenant Improvements. 35 176050v14 Portion Maximum Description Timing Reimbursable to Reimbursement. Teuanf' through Reduced Rent Walk -in (permanent) freezer, Spring 50% of actual $15,000 cooler and beverage cooler 2015 cost Kitchen exhaust hood with fire Spring 50% of actual $13,000 suppression 2015 cost Total $ 28;000 4. City's Approval. City's approval of the Plans shall not constitute an acknowledgment that Tenant's Work, done in conformity therewith, will conform thereto, and Tenant shall be solely responsible for corrections in Tenant's Work if it does not conform to the Plans 'or the requirements of any governmental agency. Tenant shall secure its own building and occupancy permits. City shall have the right to inspect the construction of Tenant's Improvements and/or supervise, .to the extent City deems reasonably advisable to ensure that the construction of Tenant Improvements conform to the Plans. City shall not ,by reason of any such inspection or supervision assume or have any responsibility to Tenant or any entity for either the quality of any Tenant's Work or any loss, injury or damage suffered by anyone by reason of the quality or performance of any Tenant's Work. City reserves the right to require changes in Tenant's Work when necessary by reason of code requirements or directives of governmental authorities having jurisdiction over the Premises. 5. Iridemnification. Tenant shall save, protect, indemnify and hold harmless City, the Premises and the Clubhouse and land of which the Premises are a part, from and against all claims in the nature of mechanics' liens arising out of either any contracts entered into, or any services, labor or materials rendered, with respect to the Tenant's Work or the Tenant Improvements. 35 176050v14 To: Mayor and City Council From: Ann Kattreh Parks & Recreation Director Date: November 18, 2014 4�91N�,1� ow Fe. V� Cn �o • RPOU -P5 • 1888 Agenda Item #: IV.P. The Recommended Bid is ® Within Budget ❑ Not Within Budget Subject: Request for Purchase - Architectural Services, Sperides Reiners Architects, Inc., Braemar Clubhouse Date Bid Opened or Quote Received: November 12, 2014 Company: Sperides Reiners Architects, Inc. Recommended Quote or Bid: Sperides Reiners Architects, Inc. Bid or Expiration Date: NA Amount of Quote or Bid: $28,000 — Interior and patio designs, plans, specs 2$ 1.000 — Roof and siding designs, plans, specs $49,000 — Total interior and exterior architectural services General Information: On March 18, 2014 the City Council approved staffs recommendation to outsource the grill /restaurant operations at Braemar Clubhouse. Renovations are required to update the space and provide a full service restaurant. Staff recommends hiring Sperides Reiners Architects (SRA), Inc. to provide architectural services to update several areas of the clubhouse, including required kitchen renovations. SRA will provide design services and plans and specifications for the demolition of the existing grill and replacement of the kitchen floor and drains as specified in the terms of the new restaurant lease. SRA will provide additional interior and exterior design services for the dark and dated clubhouse spaces. Services include interior design for the clubroom (dining area), banquet room, banquet hallway, building entrances, and upper level restrooms. Anticipated updates include new lighting, carpet, tables /chairs, and window treatments. Restroom updates include tile, paint, counter tops, plumbing fixtures and stalls. New doors to replace the folding divider between the banquet room and clubroom will be explored to update the space, bring in more light and improve function. Exterior design services include an outdoor patio renovation (small expansion of existing patio space) on the north side of the clubhouse and also new roofing and siding options. SRA will work with staff to hold a public meeting to receive input and feedback on the proposed interior and exterior designs. When funding sources are secured, plans and specifications to complete the bidding process will also be completed. City of Edina • 4801 W. 50th St. • Edina, MN 55424 REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000 /CHANGE ORDER City Attorney Roger Knutson has reviewed and approved the AIA B 132 — 2009 contract for Sperides Reiners Architects, Inc. Attachments: Fee Proposal City of Edina . • 4801 W. 501h St. Edina, MN 55424 1-1/12/2014 SR, SPERIDES MINERS ARCHITECTS, INC. Ann Kattreh City of Edina 4801 W. 50`h St. Edina, MN 55426 Re: Proposal for Professional Services Braemar Golf Clubhouse Remodeling Edina, MN SRa project no: 14 -055 Dear Ann: Thank you for the opportunity to submit our proposal for Professional Services for the Braemar Golf Clubhouse Remodeling, located in Edina,. MN. 'We understand the remodeling project will be parallel to the proposed renovation of the kitchen area for the Tin Fish. The following is our understanding of the scope of work to be considered the design and construction for renovation of the existing clubhouse 1. Prepare plans and specifications for the demolition of the existing kitchen /grill area. 2. Prepare plans and specs for the installation of anew floor in the kitchen /grill area including new floor drain locations to accommodate tenant. 3. Provide interior design services and prepare plans and specs for the following areas of the clubhouse: a. . Clubroom b. Banquet room c. Banquet entrance and common hallway. d. Restrooms in the common hallway. e. Outdoor patio space on north side of building. In addition to the scope listed above, we are also providing you with a definition of scope and associated compensation, as an alternate, to consider the exterior design of the clubhouse, specifically the roof and siding. The goal will be to consider redesign of the existing roof — without a complete demolition of the existing roof, to produce an improved exterior appearance and enhanced definition of the major entrances to the clubhouse. The attached proposal,outlines the scope of work to complete this project including work effort by phase, . deliverables, schedule, and compensation. Ann, we hope this Proposal clearly. defines our areas of involvement. If you concur with the terms and conditions of this Proposal, please sign and return one copy for our records. We will prepare an AIA Agreement as the final agreement for your review and approval. Thank you very much for your business and including SRa to be a part of your team! Sincerely, Sperides Reiners Architects, Inc. A 1 1. Nicholas S. Sperides, IA, NCARB Principal Encl..— Scope of services document 4200 West Old Shakopee Rd Suite 220 Bloomington, MN 55437 952.996.9662 p 952.996.9663 f - - -- - - - - -- -- www.srarchitectsinc.com - -- Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 SCOPE OF SERVICES A. Schematic Design Phase a. Develop the space allocation program that defines all spaces to be included in the design of the interior. b. SRa shall field verify the existing building conditions and prepare cad base drawings. c. Architect shall conduct a "public engagement" meeting with the interested community members, and golf course users to listen to ideas and discuss options for the design of. the project. d. SRa shall prepare design options for the building, review with the City of Edina Team, and select a direction to proceed with design e. Prepare a preliminary budget model with the assistance of the general contractor. f. Architect shall conduct preliminary meetings with the Parks and Recreation department.of the City of Edina to review the process for approval of the project. g. Prepare a project schedule. h. Review schematic design with City of Edina Team, make refinements to the program, schematic design, budget and schedule as necessary and obtain approval of City of Edina Team to proceed with project. B. Design Development Phase a. Based on the mutually agreed -upon program, construction budget,,_schedule, and Concept design, the Architect shall prepare, for approval by City of Edina Team, Design Documents consisting of drawings and other documents illustrating the scale and relationship of,the Project components. b. SRa shall coordinate a meeting with City of Edina Building department to review the project and its compliance with building and fire safety codes. c. Review.design progress with Project team. d. Make refinements to design as directed from the review meetings. e. Meet with' project team to review the final design for approval. f. Based on the approved Design and any adjustments authorized by City of Edina Team, in the program, schedule or construction budget, the Architect shall prepare, for approval by City of Edina Team, Final Design Documents consisting of drawings and other documents to fix and describe the size and character of the Project as" to architectural and such other elements as may be appropriate. g. SRa shall provide 2 renderings of the Final selected interior design for use by the. City of Edina for public information distribution. C. Construction Documents Phase a. Based on the approved Design Documents, and any further adjustments in the scope or quality of the Project or in the construction budget authorized by City of Edina Team or required by the City, the Architect shall prepare, for approval by City of Edina Team, Construction Documents consisting of Drawings and Specifications setting forth .in detail the requirements - for the construction of the Project. 21 Page Sperides Reiners Architects, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 b. SRa shall review project for compliance 'with applicable building codes with City of Edina building official. c. SRa shall 'coordinate the work of the Mechanical /Electrical /Plumbing Design /Build sub - contractors as selected by the general contractor. d. SRa shall facilitate meetings and communications as required coordinating project issues among team members. e. SRa shall submit Construction documents to City of Edina for Health Department review. f. The General Contractor shall submit construction documents to the City of Edina for building permit. g. Interior Design /Finish Selection i. SRa shall provide interior design services as follows: Prepare interior design and finish options. • Assist in furniture selection for tables and chairs in clubroom. • Facilitate meetings to make selections of interior finishes with City of Edina Team. • Prepare a final interior finish sample board. ii. Prepare finish plans and specifications to be included in construction documents D. Final Pricing ,Phase a. Following City of Edina Team approval of the Construction Documents, the Architect,shall issue the construction documents to "a Construction Manager for preparation of final pricing for the Work. . b. SRa shall provide phone consultation and interpretation of SRa. documents to sub contact bidders. c. SRa shall prepare written Addenda to clarify any discrepancies in the documents. d. SRa will assist City of Edina Team and Construction Manager in analyzing subcontractor bids, as requested. E. Construction Phase — Administration of the Construction Contract a. Provide services as defined in AIA Agreement between Owner and Architect. b. The Architect shall provide administration of the Contract for Construction as set forth in AIA — A201 General Conditions of the Contract for Construction, 2007 Edition. c. Scope changes to the design requiring additional or revised drawings during this Phase will be charged as an Additional Service billed hourly at SRA's Current Hourly Rates (reference Appendix A) as agreed. d. Revisions to drawings as a result of changes in the work required by Building Officials or inspectors not noted in review comments on the construction documents submitted for building permit will be charged as additional services and the architect will not be responsible for additional costs in construction. - 31 Page Sperides Reiners Architects, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 OWNER RESPONSIBILITIES This project demands significant involvement by the City of Edina Team. It will be the Owner's responsibility to perform/provide-the following: a. The Owner shall provide full information regarding requirements for the Project, ,including a program that shall set forth their objectives, schedule, budget, constraints and criteria, flexibility, expandability, special equipment, systems and site requirements. b. The Owner shall designate a representative authorized to act on their behalf with respect to the Project. The authorized representative shall render decisions in a timely'manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. c. The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. CONSTRUCTION COST a. The Construction Cost shall be the total cost, or to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect as provided by the Owner's selected General Contractor. b. The Construction Cost shall include the cost at current market rates of labor and materials furnished by Contractor and equipment designed, specified, selected .or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a , reasonable allowance for their overhead and profit. In addition, a� reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. c. Construction Cost does not include the compensation of the Architect and the Architect's consultants d. It is recognized that the Architect does not have control over the cost of labor, materials or. equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions in establishing an estimate of Construction Cost. Accordingly, the Architect cannot and does not warrantor represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost prepared by Construction Manager. USE OF ARCHITECT'S DRAWINGS a. The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents. The Architect and Owner shall jointly retain any and all common law, statutory and other reserved rights, including the Copyright. b. Owner is granted license to retain and reproduce copies of the Architect's Drawings, Specifications and other documents for information and reference in connection with Owner's use and occupancy of the Project. c. The Architect's Drawings, Specifications or other documents shall not be used ,by Owner or others on other projects, for additions to this Project or for completion of this Project by others except by agreement in writing. _. 4� P a g e S p e r i d e s R e i n e r s Arch- ite.cts, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 MEDIATION a. Any.claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution, of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. b. Owner, Contractor and the Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. c. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect, City of Edina Team waive consequential damages for claims, disputes or other matters in question arising out of or relating to -this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8, AIA — B101 Agreement between Owner and Architect 2007 Edition. PRELIMINARY PROJECT SCHEDULE Demolition /Flooring Package Nov. 19, 2014 — Dec. 1, 2014 Schematic Design Nov. 19, 2014 — Dec. 10, 2014 3 weeks Design Development Phase Dec. 10, 2014 — Dec. 23, 2015 2 weeks Construction Document Phase Jan. 5, 2015 — Feb. 2, 2015 4'weeks Final Pricing /Permit/ Feb. 2, 2015 — Feb. 18, 2015 2 1/2 weeks Construction Administration Phase Feb. 1, 2014 — April 1, 2015 In order to meet the proposed schedule a separate package shall be issued for the demolition of the existing interiors and installation of the kitchen flooring. Drawing package will be issued on December 1, 2014 The anticipated date of start of operation is on or before April 1, 2015 This schedule shall be confirmed with the overall project schedule that will include time required for construction schedule to be prepared by a Construction Manager. Adjusted schedule will be prepared upon confirmation of unknown components. 51 Page Speri des Reiners Architects, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 COMPENSATION Professional Fees FOR BASIC SERVICES, Compensation shall be a lump sum of twenty eight thousand, dollars ($28,000), as set forth by scope of services above. Basis of compensation Fee breakdown • Total affected area included in proposal — 6,810 s.f. • Basic Services shall be computed as follows o Interior design services - $2.50 per s.f. x 6,810 = $17,000 o Renderings of Interior Design $ 2,500 o Kitchen Demolition /Flooring Plan bid Package - $ 6,000 o Patio refurbishment design and coordination $ 2,500 Total fee $28,000 Fee distribution by Phase: Schematic Design 20% $5,600.00 Design Development 20% $5,600.00 Construction Documents 50% $14,000.00 Construction - Administration 10% $2,800.00 Total Fee 100% $28,000.00 • The Professional Services Fee shall be adjusted if addition, change or deviations in scope as defined in this Proposal are directed by the Owner. A Work Authorization proposal shall be prepared to define Professional Services and compensation. All, additional services must be approved in writing by Owner prior to proceeding with work. ADDITIONAL INFORMATION • Structural Engineering services are not included in this proposal. • Survey and civil engineering services are not included in this proposal. • Mechanical /Electrical /Plumbing Engineering services are not included in this Proposal. M /E /P engineering shall be provided by the M /E /P Subcontractors on a design -build basis. Scope of work has not yet been determined. • Landscape Architecture consulting is not included in this proposal 61 Page Sperides Reiners Architects, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 ALTERNATE FOR ADDITIONAL SCOPE OF SERVICES FOR ROOF AND SIDING We understand the scope of work for this 'alternate to include consideration of possible exterior improvements'to the exterior of the existing clubhouse by renovation of the roof 'appearance, enhancements of the design of the'. main' entrance to the clubhouse and consideration of replacement of the wood siding on the building. The scope could also include consideration of doors and windows. The ultimate goal is to improve the appearance of the building without demolishing the entire roof structure. While studies prepared in July 2014 also included estimated cost for construction — action was not taken to move forward with any of the options. This proposal shall consider as an add alternate to the basic fees noted above and follow the same phases of design, construction documents and construction administration as the rest of the project. .For the purposes of this proposal we will make the assumption based upon the July 2014 budget analysis for Option D - $160,000 + $62,000 = $222,000 estimated cost. (Add a contingency and use $250,000) Also consideration of replacement of the exterior siding for the clubhouse — as studied in July 2014 has an estimated cost of $75,000 (Add a contingency and use $100,000) _. Professiona1, Fees . FOR BASIC SERVICES, for this alternate as outlined in above, Compensation shall be a lump sum of twenty one thousand, dollars ($21,000). Basis of compensation Fee breakdown ■ $350,000 construction cost (roof and siding projects) ■ 6% (architectural and structural engineering) • Basic Services shall be computed as follows o $350,000 x 6% = $21,000 Fee distribution by Phase: . Schematic Design Design Development 20% 20% $4,200.00 $4,200.00 Construction Documents 50% $10,500.00 IConstruction Administration 10% $2,100.00 Total Fee I _L000/.L I $21,000.00 ADDITIONAL INFORMATION ■ Structural Engineering services are included in this proposal. 71 Page Sperides Reiners Architects, Inc. Braemar Golf Clubhouse Remodeling 14 -055 11/12/2014 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified below. Rates for Current Reimbursable Expenses are outlined in Appendix A. • Transportation (including private automobile use at currently published Internal Revenue Service rate, plus parking) • Printing, reproductions, plots for Owner's use, digital printing /reproductions • Postage, handling and delivery including overnight and messenger service; • Renderings, presentation models, digital models or animation, mock -ups, professional photography, and presentation materials requested by City of Edina, Team • Other similar out -of- pocket Project - related expenditures. Reimbursable expenses will be billed as incurred by the Architect in the interest of the Project without mark -up W 8 1 P a g e Sperides Reiners Architects, Inc. Braemar:Golf Clubhouse Remodeling 14 -055 11/12/2014 . OTHER TERMS AND CONDITIONS With your signature below, the Owner is indicating . acceptance of the terms of this Proposal. 'Sperides Reiners Architects, .lnc..will commence,with the work shortly after execution and receipt of this Proposal. This agreement may be terminated by either party upon seven (7) days written notice should either party fail to perform substantially in accordance with the terms of this Agreement. Failure of the Owner to make payments to the Architect within twenty (20) days of invoice date shall be considered substantial non - performance and cause for termination. Except where noted herein, the services provided under this Proposal Agreement will be governed by the terms and conditions of AIA — B101 Agreement between Owner and Architect 2007 Edition. The laws of the State of Minnesota'shall govern this Agreement. ADDITIONAL SERVICES Additional Services requested of the Architect shall be billed either at the Architect's Current Hourly Rates or per a pre- agreed lump sum. Prior written approval by the Owner will be required before commencement of Additional Services. Said approval shall define method of compensation. Reference Appendix A - Current Hourly Rates. INVOICING Billings will be issued at 30 -day intervals. Payment is due and payable upon receipt of invoice. Interest of 1.5% per month will be due on the unpaid balance beginning thirty (30) days after invoice date. SRA accepts major credit cards for payment of invoices as a convenience to our clients. If the above Proposal meets your approval, please sign and return one copy and we will immediately proceed with the work effort. Sincerely, Sperides Reiners Architects, Inc. � 1 Nicholas S. Sperides, AIA, NCARB Principal This Proposal is accepted by: Date: (Signature) (Printed name) 91 Page Speri des Reiners Architects, Inc. Braemar. Golf Club_ house Remodeling 14 -055 11/12/2014• Appendix A CURRENT HOURLY RATES Position Principal Project Architect Project Coordinator Interior Designer Administrative CURRENT REIMBURSABLE EXPENSES Photocopies — 8 W x 11" Color Photocopies — 11 "x 17" Color Plots — 24" z 36" 30" x 42" 12" x 18" 15" x 21" Mileage Delivery Charges Long Distance Telephone Rate Per Hour $175.00 $125.00 $100.00 $100.00 $..55.00 $.05 $1.00 $.15 $1.00 $0.60 per s.f. Current IRS Rate As Billed to SRA As Billed to SRA 10 Page Sperides Reiners Architects, Inc. F-k O, T To: City Council From: Karen M. Kurt Date: November 18, 2014 Subject: Donation, Sponsorship and Advertising Policy Action Requested: Approve Donation, Sponsorship and Advertising Policy. Agenda Item #: IV. Q. Action Discussion ❑ Information ❑ Information / Background: The current Donations, Sponsorship and Advertising Policy was approved June 5, 1995. A revised Donation, Sponsorship and Advertising Policy has been prepared by City staff based on the concepts identified by a Park Board working group, City Council feedback at three work sessions, and staff recommendations. Modest languages changes based on City Council feedback at the November 3 work session are highlighted in the text. Attachment: Donation, Sponsorship and Advertising Policy City of Edina • 4801 W. 50th St. • Edina, MN 55424 o` e �t4 U) 1. General Statement DONATIONS, SPONSORSHIPS AND ADVERTISING POLICY This policy is intended to apply uniform criteria and guidelines for donations, sponsorships and advertising across City departments and functions. The objectives of the policy are to: • Establish and guide relationships with donors, sponsors and advertising organizations who share the City's commitment to provide a high - quality civic environment; • To enrich our community by responsibly and efficiently managing such activities; and • To generate revenue to fund new and existing facilities, projects, programs and activities for the benefit of the City and its residents. 2. Donations Introduction The City of Edina encourages and welcomes donations from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects or events. The City appreciates the generosity of donors who wish to make Edina a better community for all. Types of Donations Donations are defined as a monetary (cash) contribution, financial securities, real or personal property the City has accepted and for which the donor has received no compensation, goods or services in return. Donations maybe restricted or unrestricted. Donations fall into three categories: Restricted donations are given for a specified purpose or with conditions attached. Restricted donations require a written agreement be accepted by the City Council. The written agreement should outline responsibility for purchasing, installation, repair and replacement costs. Unless the written agreement provides for long -term repair and replacement costs, the City has the right to remove, relocate or dispose of a donation when'it has been vandalized, damaged or reached the end of its useful life. The City also reserves the right to relocate a donation when its current location interferes with site safety, maintenance, facility use, aesthetics or construction activities. Unrestricted donations do not have a condition specified for use or recognition. Donated items are assumed to be unrestricted unless a written agreement to restrict the donation is accepted by the City Council. Donation programs are documented programs, typically created by City departments, for donations. Examples could include programs for purchasing brick pavers, park benches or trees; or large capital campaigns for projects such as the Hornet's Nest and Veterans Memorial. The written program should cover the key elements of a written agreement for restricted gifts, including how donors will be recognized and what happens when the item is damaged or reaches the end of its life span. When an approved program exists, gifts will be treated as unrestricted donations under the Donation Acceptance Process. onations programs will be reviewed and approved by the City Council. In the case of capital ca )r large projects, the City will not contract for services or purchase materials until 100% of the onation goal has been met unless earlier action is approved by the ON Council. Minnesota State Statute 465.03 requires the City Council to formally approve gifts to the City. As a result, donations do not become the property of the City until accepted by the City Council. Donations also involve considerations of aesthetics, compatibility and cost rCity leadership will evaluate donations for acceptance by the City Council based-on the following criteria: • The item is made of durable, high = ,quality materials and /or in good condition and there is an appropriate and safe place for location. The items should be free of inherent hazards or other characteristics that could potentially cause harm or injury. • The donation doesn't conflict with future site plans, including improvements, renovations, conversions or potential changes in.use. Donated items must complement the character of the specific site or facility with respect to scale, materials, subject and style in relation to the physical site, its uses and its users. • The donation doesn't include commercial advertising or solicitation. Corporate donations are encouraged, but will not constitute an endorsement of the organization, product or service by the City. Donation Acceptance Process City staff will evaluate all donations for approval by the City Council. If staff recommends approval of an unrestricted donation, he or she will forward the item to the City Clerk for inclusion on a resolution accepting;donations for Council approval. If staff recommends approval of a restricted donation, a separate report and recommendation will be prepared for Council that includes the written agreement for the donation. Donations given through a donation program do not typically require staff approval. These donations will also be forwarded to the City Clerk for inclusion on a resolution accepting donations for Council approval. Recognition Recognition of unrestricted donations will follow the standards outlined below: D a s o - • � o o JUp to $500 ;• Letter of appreciation from Department $500 to $4,999 • Letter of appreciation from Mayor • Donation listed in annual About Town report $5,000 to $24,999 (Bronze) • Letter of appreciation from Mayor • Donation listed in annual About Town Report • Listed as bronze sponsor on publicly displayed board at City Hall or appropriate City facility $25,000 to $49,999 (Silver) • Letter of appreciation from Mayor Policy Draft — September 2014 Page 2 Donations of less than $500 will be acknowledged with a thank you letter from the facility /program manager or department director. Recognition of restricted donations or donations through a donation program should generally follow the principles summarized in the table above. In some cases, a physical plaque at the site or similar item may be warranted to recognize the donation. Provisions for physical recognition should be covered in the written agreement fora restricted donation or in the donation program guidelines. Physical recognition should generally be discreet in nature, uniformly applied and consistent with City branding standards. Edina Community Foundation This policy also applies to donations (grants) from the Edina Community Foundation. Most donations can be made directly to the City. However, the Edina Community Foundation can be an important partner when soliciting donations. Partnership opportunities include those times when: • Large -scale fundraising is necessary, • Donations are being,collected at an event hosted by an outside party to support a community goal, and /or • Donors wish to remain anonymous. Both the Foundation and donor (if applicable) will be recognized unless the donor requests to remain anonymous. Policy Draft — September 2014 Page 3 • . Donation listed in annual About Town Report • Listed as silver sponsor on publicly displayed donor board at City Hall or appropriate City facility • Engraved plaque of appreciation presented by Mayor, City Manager or other City official at an appropriate event (ribbon- cutting ceremony„ facility or event opening, or City Council meeting) $50,000- $99,999 (Gold) 4 Letter of appreciation from Mayor • Donation listed in annual About Town Report • Listed as gold sponsor on publicly displayed donor board at City Hall or appropriate City facility • Engraved plaque of appreciation presented by Mayor, City Manager or other City official at an appropriate event (ribbon- cutting ceremony, facility or event opening, or City Council meeting) $100,000 or more (Platinum) • Letter of appreciation from Mayor • Donation-'listed in annual About Town Report • Listed as platinum sponsor on publicly displayed donor board at City Hall or appropriate City ,.facility • Engraved plaque of appreciation presented by Mayor, City Manager or other City official at an appropriate event (ribbon- cutting ceremony, facility or event opening, or City Council.meeting) Donations of less than $500 will be acknowledged with a thank you letter from the facility /program manager or department director. Recognition of restricted donations or donations through a donation program should generally follow the principles summarized in the table above. In some cases, a physical plaque at the site or similar item may be warranted to recognize the donation. Provisions for physical recognition should be covered in the written agreement fora restricted donation or in the donation program guidelines. Physical recognition should generally be discreet in nature, uniformly applied and consistent with City branding standards. Edina Community Foundation This policy also applies to donations (grants) from the Edina Community Foundation. Most donations can be made directly to the City. However, the Edina Community Foundation can be an important partner when soliciting donations. Partnership opportunities include those times when: • Large -scale fundraising is necessary, • Donations are being,collected at an event hosted by an outside party to support a community goal, and /or • Donors wish to remain anonymous. Both the Foundation and donor (if applicable) will be recognized unless the donor requests to remain anonymous. Policy Draft — September 2014 Page 3 3. Sponsorships and Advertising Definitions Asponsorship is payment to support an event,- program or facility with the expectation that the sponsor will be. publicly acknowledged for their contribution. To qualify for a tax deduction under IRS rules, sponsors can only be acknowledged by mentioning or displaying the following: company name,, company logo, slogan, product lines or value - neutral descriptions of a sponsor's goods or services, and contact information (address, phone number and web address). It is also permissible to distribute or 'display a sponsor's products to the general public at the sponsored activity or event. An advertisement is payment -for the opportunity to market.products or services through a City communication platform, program or event. Advertisements include a call to purchase, sell or use the advertiser's products or services. Advertisements may also include coupons, endorsements, pricing or indications of savings or value, or comparisons to competitors. Fees for advertisements are set by Communications & Technology Services Department. Guidelines The City of.Edina will not accept sponsorships or advertisements in the following cases: • The organization's product or service conflicts with a City's policy or goal. For example, the City does not accept sponsorships or advertisements from organizations promoting tobacco use or gambling. • The organization's product or service competes with a City enterprise facility. • The sponsorship or advertisement - supersedes or interferes with the primary objective. of a program or service provided by the,City of Edina. • The sponsorship or advertisement interferes with the City's political neutrality. • The sponsorship or advertisement supersedes or interferes with the aesthetic quality of public lands and facilities. The City Manager or his or her delegate will determine the appropriateness of advertising and sponsorship requests. Generally, advertising will not be considered for City fixed assets (e.g. buildings, signs and equipment) with the exception of enterprise facilities. Advertising may be considered on fixed assets at enterprise facilities, which are expected to generate enough revenue to substantially cover operating expenses, as long as the criteria above are met. Edina Liquor may advertise on fixed assets at enterprise facilities, but only to recognize the role Edina Liquor plays in funding City programs or facilities and not to. promote product use. Sponsorship Benefits Sponsorships are payments to support a specific event or program(s) that have defined dates and venues. Sponsorship benefits are summarized in the table below. It is important to note that some benefits will not apply to'all events. Policy Draft — September 2014 Page 4 Up to $500 : Letter of appreciation from department • Sponsor's name on event website or page • Sponsor's name on event program Policy Draft — September 2014 Page 4 $500 -$999 Benefits listed above, plus: • Verbal recognition of sponsorship at event $1,000 - $2,499 Benefits listed above, plus: • Sponsor allowed to place a Ireasonably sized temporary, sign or banner at the event • Posters, ads orsimilar marketing.materials include.the logos of . the sponsors . • Free tickets (2 tickets for every $1,000 given) $2,500 - $4,999 Benefits listed above, plus: • Sponsor allowed to have table or some other presence at event • Sponsor may purchase one deeply discounted ad in About Town or Parks & Recreation Activities Directory or commercial to run during Movies in the Park for every $2,500 given. $5,000 and $9,999 Benefits listed above, plus: • Sponsor given opportunity to speak at the event for up to two minutes • Sponsor is recognized as a "presenting sponsor" in press release • Sponsor is recognized as a "presenting sponsor" in marketing materials and advertisements. $10,000 and above Benefits listed above, plus possible additional items negotiated as part of an agreement. Additional sponsorship benefits - unique to the facility or program - may be approved by the City Manager, or his or her delegate, as long as the value is commensurate with the benefits outlined on the schedule above. Policy Draft — September 2014 Page 5 w9t /A.1�4 k `"L o e � 1. General Statement (Correction on o3) DONATIONS, SPONSORSHIPS AND ADVERTISING POLICY This policy is intended to apply uniform criteria and guidelines for donations, sponsorships and advertising across City departments and functions. The objectives of the policy are to: • Establish and guide relationships with donors, sponsors and advertising organizations who share the City's commitment to provide a high - quality civic environment; • To enrich our community by responsibly and efficiently managing such activities; and • To generate revenue to fund new and existing facilities, projects, programs and activities for the benefit of the City and its residents. 2. Donations Introduction The City of Edina encourages and welcomes donations from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects or events. The City appreciates the generosity of donors who wish to make Edina a better community for all. Types of Donations Donations are defined as a monetary (cash) contribution, financial securities, real or personal property the City has accepted and for which the donor has received no compensation, goods or services in return. Donations may be restricted or, unrestricted. Donations fall into three categories: Restricted donations are given for a specified purpose or with conditions attached. Restricted donations require a written agreement be accepted by the City Council. The written agreement should outline responsibility for purchasing, installation, repair and replacement costs. Unless the written agreement provides for long -term repair and replacement costs, the City has the right to remove, relocate or dispose of a donation when it has been vandalized, damaged or reached the end of its useful life. The City also reserves the right to relocate a donation when its current location interferes with site safety, maintenance, facility use, aesthetics or construction activities. Unrestricted donations do not have a condition specified for use or recognition. Donated items are assumed to be unrestricted unless a written agreement to restrict the donation is accepted by the City Council. Donation programs are documented programs, typically created by City departments, for donations. Examples could include programs for purchasing brick pavers, park benches or trees; or large capital campaigns for projects such as the Hornet's Nest and Veterans Memorial. The written program should cover the key elements of a written agreement for restricted gifts, including how donors will be recognized and what happens when the item is damaged or reaches the end of its life span. When an approved program exists, gifts will be treated as unrestricted donations under the'Donation Acceptance Process. Donations programs will be reviewed and approved by the City Council. In the case of capital cam for large projects, the City will not contract for services or purchase materials until 100% of the donation goal has been met unless earlier action is approved by the City Council. Minnesota State Statute 465.03 requires the City Council to formally approve gifts to the City. As a result, donations do not become the property of the City until accepted by the City Council. Donations also involve considerations of aesthetics, compatibility and costfEity leadership will evaluate donations for acceptance by the City Council based on the following criteria: • The item,is made of durable, high- quality materials and /or in good condition and there is an appropriate and safe place for location. The items should be free of inherent hazards or other characteristics that could potentially cause harm or injury. • The donation doesn't conflict with future site plans, including improvements, renovations, conversions or potential changes in use. Donated items must complement the character of the specific site or facility with respect to scale, materials, subject and style in relation to the physical site, its uses and its users. • The donation doesn't include commercial advertising or solicitation. Corporate donations are encouraged, but will not constitute an endorsement of the organization, product or service by the City. Donation Acceptance Process City staff will evaluate all donations for approval by the City Council. If staff recommends approval of an unrestricted donation, he or she will forward the item to the City Clerk for inclusion on a resolution accepting donations for Council approval. If staff recommends approval of a restricted donation, a - separate report and recommendation will be prepared for Council that includes the written agreement for the donation. Donations given through a donation program do not typically require staff approval. These donations will also be forwarded to the City Clerk for inclusion on 'a resolution accepting donations for Council approval. Recognition Recognition of unrestricted donations will follow the standards outlined below: Policy Draft — September 2014 Page 2 , Up to $500 ;• Letter of appreciation from Department $500 to $4,999 • Letter of,appreciation from 'May ' • Donation listed in annual About Town report $5,000 to $24,999 (Bronze) • Letter of appreciation from Mayor • Donation listed in annual About Town Report • Listed as bronze sponsor on publicly displayed board at City Hall or appropriate City facility $25,000 to $49,999 (Silver) • Letter of appreciation from Mayor Policy Draft — September 2014 Page 2 r� $500 -$999 Benefits listed above, plus: • Verbal recognition of sponsorship at event $1,000 - $2,499 Benefits listed above, plus: • Sponsor allowed to place a Ireasonably sized temporary, sign or . banner at the event • Posters, ads or similar marketing materials include the logos of the sponsors • Free tickets (2 tickets for every $1,000 given) $2,500 - $4,999 Benefits listed above, plus: • Sponsor allowed to have table or some other presence at event • Sponsor.may purchase one deeply discounted ad in About Town or Parks & Recreation Activities Directory or commercial to run, during Movies in the Park for every $2,500 given. $5,000 and $9,999 Benefits listed above, plus: • Sponsor given opportunity to speak at the event for up to two minutes • Sponsor is recognized as a "presenting sponsor" in press release • Sponsor is.recognized as a "presenting sponsor" in marketing materials and advertisements. $10,000 and above Benefits listed above, plus possible additional items negotiated as part of an agreement. Additional sponsorship benefits - unique to the facility or program - may be approved by the City Manager, or his or her delegate, as long as the value is commensurate with the benefits outlined on the schedule above. Policy Draft — September 2014 Page 5 To: Mayor and Council From: Jordan Gilgenbach, Communications Coordinator Date: Nov. 18, 2014 Subject: October "Speak Up, Edina" Report Agenda Item M V. A. Action ❑ Discussion ❑ Information Action Requested: Receive report on October 2014 "Speak Up, Edina" discussion about dog parks. Information / Background: Since June 2012, the City of Edina has used the online engagement website, www.SpeakUpEdina.org, to collect ideas and opinions from residents. One of the City Council's six strategic priorities for 2014 -2015 is Communication and Engagement: "To clearly understand community needs, expectations and opinions, the City will consistently seek the input of a broad range of stakeholders in meaningful and interactive communication." A goal of that is to host a monthly discussion on www.SpeakUp.Edina.or&. In October 2014, the discussion topic centered on dog parks /off -leash areas (OLAs). In this online discussion, the City posed the following questions: • Should more dog parks /off-leash areas (OLAs) be added? Why? • Where would you suggest the City consider adding more dog parks /off-leash areas (OLAs)? • Do you currently use either of the City's off -leash dog areas? If yes, what do you like best about it? The discussion was open for comments between Oct. I and Nov. 3. During that time, 47 comments were made. Additionally, 1,877 users visited the site 2,748 times, garnering 8,941 page views. Note, during this same period, discussions on the CIP, Sidewalk Facility Map, Wooddale/Valley View and Vision Edina were also active. All commenters in this discussion were from Edina. The discussion was promoted through various means, including a press release, Facebook, Twitter and NextDoor posts, City Extra messages and direct outreach. Attached are the comments on this topic. City of Edina • 4801 W. 50th St • Edina, MN 55424 Q Hone • Proiecfs Sign Forums . Itim Enaril Mee iM ;email address... Password - - -- -- - - - -- -- �assword.. or, Sign In witk Slgn trt Like �0 Twe.t Sher. Speak Up, Edina. We're always looldng for feedback and ideas for how we can make Edina an even better place for living, learning, raising families and doing busfnem Take a moment to provide your feedback and ideas on any of the forums you see here or start your own discussion. It's your chance to speak up. Edina ► SHARE your feedback! ► POST your ideas! ► JOIN the discussion! This Discussion channel is currently closed. Discussion: Dog Parks The City of Edina currently operates a year -round dog park/OLA (off-leash area) at Van Valkenburg Park, and a seasonal OLA at Strachauer Park. Should more be added? The City of Edina is interested Is what you think about dog parks. Note: The City Is not proposing a change at this time. By using this online discussion, feedback... 3 Toplcs 47 Answers I Closed 2014-11 -03 View Discussion Topc:Mow? Should more dog parks/off-leash areas (OLAs) be added? Wiry? 31 Responses 31 Responses barbaro mason about 1 month ago I support creating more dog park areas in. Edna. 7 Supports comment — Reply to barbara mason Stephanie ii about t nwnth ago No more dog parks. I live close to one and I am tired of everyone walking their dogs through my neighborhood and leaving behind a mess. The City of Edina' Iras no business being in the Dog Park business.'People need to take care of their anunals and not look to the city to provide "fun" for their pets. l am sure the intent of a City Govemment was not to provide city workers. /funds and space for other peoples dogs. 4 Supports comment... Reply,to;Stephanlez; Ids: Urenzo Tuned about t month ago I would only support a new dog park if a carefid analysis were done to ensure that the park in question would not take away precious public land that could be used for a more general purpose park that would include play areas for kids. 3 Supports Snndra 11t 6oldrlckKendall about 1 month ago I have spent the past 15 years, in two separate homes, living adjacent to two Edina parks: one lovely 'pocket park" tucked in to a modest residential area, and one large park devoted to open space and recreational use (soccer, baseball, ice skatitTg . My observations ' Where are the kids?" I seldom see any children at play, just empty playground equipment. More often than not, the users are. retirees, dog walkers, joggers, and sports teams who bring in the kids only for structured practice sessions or games. Unfortunately, public land nu Edina doesn't seem all that "precious." 0 Supports (comment... Replyjo Sandra, Mc Golddck-Kendalt, :omment .. Reply to Lorqnzojymsl Elizabeth Genmese about I month ago Van Valkenburg parks an "okay" dog park but it is better for dogs than for people. The path encircling the parks tmeven and difficult to walk) don't even thutk about going there in wmter(whien dogs need outside activity). I am in favor of making some improvements here. 3 Supports comment..: - i ,Rep ly.to.Elizabeth Genmtse. FC Hanson about I month ago The only reason to add another dog park would be in the hopes ofgettmg offending dog owners off city park waking paths, where they leave their dog's mess. Kudos to all dog owners who clean up after their dogs 0 Supports comment... Reply. to F.C.Hanson III M 1' Sandra AkGoldriekKendall about t month ago We need more dog park space on the eastern side of Edna. Van Valkenburg is not covenient. In fact, it's not really convenient for anyone not interested in driving to the dog park. (I tlimk driving the car to a dog park is sort of crazy.) Dog patios and cleaning up after your dog are really separate issues. It's not fair to users of dog parks to assume that they are irresponsible. I would argue that anyone willing to pay the licensing and dog park fees, and travel to an . authorized dog park, is likely a very responsible pet owner. 8'Supports comment... X11 Sharon about I month ago 4 Reply to Sandra McGoldrick- Kendall The steep slope of Van Valkenburg is too difficult for me to manage, creating a risk of falling down that lull, especially if I get tripped up by a dog. I pay extra to go to Eden Prairie'dog park with trails through the woods, large open areas, & a picnic shelter with tables & shade. Edina could do better. At the very least, Van Valkenburg needs to be upgraded to eliminate the difficult walking terrain frnr 0 people. 5 Supports comment... Reply to Sharon G -Bob Voik about 1 month ago I consider Van Valkenburg to be pretty inconvenient for most of the residents of Edina. It's pretty clear that it was a parcel ofpublk land for which there rea were few other uses n the.to o and location. I think do arks are a cornnami asset and w aY ,give p P phy , g p ty would hke to see at least one more, ideally` more centrally located. 4 Supports comment... Replyto,Bob Yark Bob York about 1 month ago I consider Van Valkenburg to be pretty inconvenient for rrmst of the residents of Edina. It is pretty clear that it was a parcel of public land for which there really were few other uses, given the topography and location I think dog parks are a connatnity asset and would hike to see, at least one more, ideally more cenhally located. Nancy Klililea about 1 month ago Reply to Bob_Yor* I am not sure the actual mrmber of dog parks needs' to increase but the location and the quality of the dog parks should be unproved. Van Valkenburg is not a convenient location, it is difficult to navigate for humans and it seenns to, have been left over land used as a dog park rather than a suitable'spot inininially designed to be a dog park. I have used the park in the past but no longer do because it is not acceptable space. I would support a dog park on The east side of Edina (please consider. the Weber Park woods) 2 Supports comment... I.Repoo. Nancy Klllilea% 0 e ael X about I month ago Agree with Stephanie. Taxpayers should not get the bill for dog care.'I Ike dogs, grew up with them and still enjoy OP dogs (other people's), as long as they and their owners behave well We don't need any dog parks for that matter, and if dog park is somehow deemed an unalienable right, it can be funded entirely by dog owners; not me. 1 Support jconunent... /. -Reply Io,Michael X; , l Cinuifia Eggan about I mouth ago There should be more dog parks. I currently use Van Valkenburg and it's very convenient to where Pm located. If the only park in our city was on Ilse cast side of town, or even in the center of towq I would not use it, so I understand those in other parts of our city that want a park near them I'm a big fan of any dog park as it promotes fitness for dogs AND their humans. City workers are not responsible for cleaning up any piles, they taw and maintain fencing. I've found drat those using the park regularly are very responsible and pick up after their dog, as wen as any other messes they find by tot- so-respoacble users.' We want a clean space fibr is and our dogs so were happy to police the area. I agree with the earlier posting that asked,' Where are the kids ?" There is almost always someone using the dog park area. The park nearer nry home with fancy, new playground equipments mostly vacant. Users pay an additional fee for the dog park and I hope the city contbumes to use these fees to invest in upkeep of Van Valkenburg ... and any new dog parks. 3 Supports L4rry Ci ojla aboul 1 atatith ago The City probably has sufficient dog parks. The City does not have sufficient convnnunity gardens. Is the City serious about going green ?. encouraging healthier life styles? having more Family friendly areas? teaching kids and.parents how to grow some ofther own chemical-free food? teaching kids about responsibility? Community gardens are one way to accomplish some of Edma's stated green and healthier living goals. When set up correctly, they are a proven method for creating conruinky, they are almost maintenance -free and are self- supporting. 0 Supports comment-- fply Ig Lany,Cipolla u Vicki Berg about 1 maatb ago We use the dog park on a daily bass, as do many other owners. I appreciate that the city has created the Van Valkenburg Dog Park. The comments regarding the terrain and safety are correct. Many of us have fallen on the tmeven and icy paths. They really need lobe graded. The lack ofdrinking water for dine dogs is a huge issue. Most of is carry our own water to the park because the container that a kind pet owner provided sdt always filled. I would like the people who arc against dog parks to understand that all ofus pay for both a city license and a dog park collar on an annual basis. With the lack of ReIquent mowb g, water, grading and benches, I doubt that much, if any, of people's taxes are being used to maintain the park. I wonder if those against dog patios have been to one and seen how much they are used. Another park centrally located would be wonderful, as the Van Valkcnbtirg OLP s very crowded on aftemoons and weekends. Crowded parks area danger to both humans and dogs. And to Stephanie X, I would hke.to say that Edina isn't in the business" of providing "6m" for dogs. We owners pay to have a safe place for our animals to exercise and socialim. I'm sorry she's experienced nresponsbin dog owners walking through her neighborhood. More than likely, the more dog parks we would have, the less she'd see that. Also, we have traveled to many cities that market the availability of their dog parks to attract people. Unfortunately, Van Vallcenbutrg doesn't hold a candle to any of them, but it's what we have to use. Obviously, I wholeheartedly support more and better dog parks. 3 Supports 4' Jordan Gltgenbach admin 28 days ago Hi Vicki! Thanks fir logging in and giving your feedback! Issues that affect existing dog parks is good information for staff to have. Thanks, again! 0 Supports Vicki Berg 27 days ago You're welcome, Jordan Just a thought; when we travel, we use a book from AAA that, among other things, has a listing ofdog parks in cities. That might be. a good triaiireting avenue for Edina.'Also, having the availability of a temporary use collar for visitors would help. The requiremcnts would need to be the same for health and safety reasons. W e paid, I believe, around $75 -90 for our two dogs to be able to use a dog park in FL. We had to provide proof of im' wizations and a negative fecal test. The availabifity of temporary collars could be listed on the Edina website and in the About Town so that current residents would know of the collars for visitors. The number of people traveling with pets is increasing: Perhaps this is something Edina might want to consider. 0 Supports i i Jordan 012enbach n&dn 27 days ago Thanks for the suggestion! A temporary license could be beneficial not only for those travelling long distances with pets, but also regionally -- even just cross- metro! 0 Supports comment.. Reply jo Jordan,Gllgenbach ` comment... Replyto VIckI.Berg_ D ctalre lee about t month ago I do use the Van Valkenbwg Dog Park and would love to see another dog park ni Edina on the condition that the city agrtes to take better. care of the current dog park and any future dog park. I agree with earlier comments about the lack of mowing, trimming of trees and brush, watering, bathroom (outhouse) facilities, water, .... 2 Supports :'comment... -� ,Reply to clalre lee.' I._ John llillstrom about 1 month ago I'm a senior citizen with a dog and I love to take hum to it good off leash dog park. We both need exercise. Sometimes he has more energy than I do and he can run around while I tnove a little slower. I love a woodsy mature area and it makes me happy to see my dog chase a squirrel up a tree. Being out in nature is so important to me. Neither ofour off leash parks provides an experience Ike this for one. Van Valkenburg , although small and physically challenging in the winter (think ley toilet bowl), is an off leash dog park where regular visitors have created a sense of comnu ity and friendships between people and dogs. I live near Strachauer Park and I walk my leashed dog there daily. I rarely see dogs in the hockey rink off leash dog park. I usually drive to Bloomington or St. Louis Park to use their dog parks. I remember when dogs were free to roam as they pleased. 77ose days are gone. Now we are required to vaccinate, leash, license, fence, and cleanup after our dogs. Most dog owners are. more than happy to do this. It helps so much if tyre are good off leash dog parks where dogs can be the animals they are while getting socialized, exercised, emptied, and becoming better neighbors for everyone. It seems reasonable to dedicate more than two acres for off leash dog parks in Edina. 2 Supports comment... Reply to JoAnn Hillstrom C Filiabeth Bellas about I month ago I live near Strachauer Park Starting bh 2013, the city started putting a gate across the entrance to the hockey rink from April to November to be used as an off-leash area. I think this is a smart use of the space. I walk my dog past the park every day, and although it is not heavily used, many times we meet a neighbor and stop at the off-leash area for some play time and chat time. I have met several neighbors this way. Dog owners keep the area clean and even stock die "doggie bag" container when it runs out of bags. It is not an exciting dog park, but it is an asset to the neighborhood and an efficient use of space and city rollers. d wothld Ilse to see more hockey rinks around Ume city setup as off -leash areas during the wamner months. That being said, I agree with JoAnn that it would be nice to have a dog park that is more woodsy and natural, as well. 2 Supports - I Jor hn blgenbach admin 28 days ago Elizabeth, thanks for your comments. I'm glad to hear you enjoy using Stracbauer Park! The City operates about 12 ice links in neighborhood parks in the winter. Would you support expanding the Strachauer Park concept to other parks with permanent rink boards? 0 Supports mment... I l — - - - -- - -- - - - -- - ... - -- -- - - - - -- ,Reply to Jordan Gilgenbach --- - - - - -- -- - - - -- comment... Reply to Elizabeth Bellas Lori Richman 29 days ago I support another dog park on die east side of Edina as well. As a responsible pet owner, I clean up after my dogs and exercise them daily. I often use the Thee Rivers parks as they are beautifiilly maintained and always have water, waste bags, and restrooms. (Bloomi igton's city dog park is great alsol) Seriously, let's be reasonable about tax dollars: not every program that exists is one that every individual uses or supports. Contributing together to create liveable comininities, accepting differences, being respectful for each others' rights and property, this is what makes comrininities healthy and strong lust because I don't use the soccer fields airy more does not mean that i don't support upgrades, keepuig them well maintained, etc. As it happens, dog park users pay not only license fees, but dog park fees. Hopefully this offsets tax dollars a bit. What IS the city in "die business oV if it is not to create and maintain a great conmamrt}/T Fi ially, based on evidence, the Van Valkenburg dog parks a "low priority" for the City: frequent outages of bags, no water, poorly maintained, on the rare occasion that woodcliips are put there, they include a variety of other debris such as shredded cans (which cut dog paws), the areas seldom policed for non - licensed users, etc. I support another east -side dog park and better upkeep. Thanks! 2 Supports comment... - - - - - -- - -- - - - -- - - -- / Reply to Lori Richman ALI Connie Carrino 28 days ago Perhaps instead of more dog parks, we should have better, improved dog parks. We no longer take our dog to Van Valkenburg (too difficult to walk; dogs run out of owiiers' sight; too ley in the winter) and rarely go to Strachauer (BORING, no fim) Instead, we take hum to Eden Prairie where they have dog parks that are more enjoyable for people and pets. At one park, off Shady Oak Rd, they have agility equipment which is great fun. And die sine of that park is better for tossing the ball. Although die dog park layout/facilities in Eden Prairie are better, it seems as ifthe residents of Edina do a much better job of cleaning up. Or, maybe the dog parks don't have as many messes because they aren't frequented as much? I'd rather wear an old pair of shoes so my dog can safely run off - leash, have fun and do so in a park that we both want to visit. I Support r Jordan Gilrenbach admin 28 days ago Thanks for your corn Tents, Conniel Interesting comment about Van Valkenburg being'boring." Could something like an obstacle or agility course make Van Valkenburg more appealing? If something were explored, would you support an OLA permit price increase to fund it? 0 Supports ML11 Jordan Gilgenhach admin 27 days ago Thanks for that feedback, Connie! 0 Supports C CanMe Cnrrino 27 days ago Actually, it is Strachauer dog park (the, enclosed ice arena) that is boring. Van Valkenburg s just too difficult to toss the ball, watch your dog (lice owners are supposed to do, but many don't), or even walk with your dog because of the path (see others continents about the slope). lihinnt... Would 1 support Pernik price increase? That would depend upon a few factors including ifone of the parks were appropriately reconfigured to accommodate agility equipment (it wouldn't work in the current state of VV because of the'big gulp gully" topography), and if the price increase was competitive with what I'm paying in Eden Prairie. Everyone pays tbe same rate in EP, regardless if die dogs use the agility equipment or not. Since I have to drive to the parks in EP or Edina, convenience isn't a factor, but I would compare cost of permits in the two cities with amenities. This year we purchased pemhrts for both cities, thinking we would go to Edina off- leash parks, too. We won't do that next year because die EP parks are better. Edina Parks and Rec night want to visit some of the EP dog parks as a comparison, especially if they are considering adding a new park with dog and people- fiiendly amenities (would Pamela Park or Fred Richards work ?). BTW: When our dog gets into his agility routine, many other dogs follow him and the owners love it-- -their dogs are learning something new, too! Sorry to give you t depends" answer, Jordon, but it really is about what value we would receive. 2 Supports comment... Reply, to Jordan Gilgenbach comment.. . ..._.. _._ ..__ _._.- ----- _— __.....__..__..— amply to Connie,Canlno„ i s John Wrleht 26 days ago YESI I Ike the Strachauer Park version where die hockey rinks closed offwith a temporary fence. Does not take land/facilities away from the_ rest ofthe park. I would love to see a OLA similar to this at Cornelia Park. As for the Van Vulkenburg park, it is a'great OLA for dogs, other comments withstanding. 1 Support comment... - - - - - -- -- - —... _ -- - -- Bob Kearney 21 days ago Reply to John Wiight Would an additional dog park serve a public good? It's easy and inexpensive to find out Throw up a fence, post a sign with the miles, and see if anyone goes there. If they do, great. If they don't, put the land to another use. (If you think I'm underestimating the infrastructure that's required, take a look at the informal dog park north of Weber Park. it has no fence, no bathrooms, no city maintenance and it work§ very well. The people who use it arc very good about picking up die trash and dog waste. The City of Minneapolis currently owns the property and has removed structures and cleaned out deadfall from time to time, but there's no mowing or tlirnr i ig.) Final thought: a dog park doesn't preclude other uses; the info'imal Weber dog park is also used by mountain bikers, hikers and others. 2 •Supports comment... -- — .Reply_to Bob Kearney, C•d PerszA 19 days ago We've lived in Edina 24 year and had a dog for 13 of them. We live next door to Pamela Park. We pick up discarded water bottles and trash from the football and soccer and baseball games. But we're not allowed to let our dog nm off leash at 6:00 am when the park is deserted. Edina does not need more dog parks. Edina DOES need to allow people to use their neighborhood park to walk their dog off leash in the shoulder hours -- before 7:00 am, for example, and again after 9:00 pm.1 understand that dogs should not be off leash during busy times when die parks are full of kids. But not allowing tax payers to use their neighborhood park to walk their dog off leash at 6A0 am is ridiculous. Dog parks concentrate too many dogs in one area, which degrades the vegetation and makes a poopy mess. Spreading out all ofl =leash dogs across an Edina parks during unused hours is a win for everyone. We always pick up our dogs' poop. And we often pick up the poop that other people have left behind. Non- scoopers SHOULD be ticketed heavily. People who briar their dogs off -k ash outside of die off leash hours SHOULD be ticketed heavily. The truth is that people whose dogs are not in control don't let their dogs off die leash because they will nm away. People whose dogs ARE in control should be able to use their neighborhood parks during offhours. Boulder CO has a system where off-leash dog owners pay a small annual fee and their dogs are checked out by the City. Tfa dog is deemed to be aggressive or not in control, it's denied the license. l understand not wanting or allowing dogs off leash during peak park use hours. But I dortt understand why we cannot walk a dog off a leash at 6:00 in the morning. There are no children in the park at that hour. The only other people in the park at that hour are dose walking their dogs Or the animal control officer waiting with ticket pad in hand. The Valkenburg park is abysmal and it is ludicrous to drive to a dog park. 0 Supports comment... Reply to:Gyd Perszyk t ' Anrb Spmhr S61nerer at Noxember 01, 2014 at 12:16pin CDT As Uie:city of Edina continues to build and grow, it's important to our family that tine rare open spaces that exist be preserved and maintained far recreational use whether it be dog park, bikeway, wallcnhg paths or nature area. It's hard for local governments to resist the new tax revenue that a giant new development could generate. Ultimately, green space and recreational opportunities will do more to enhance our quality of life in Edina than a little bump in our tax base. We do not suffer from lack of services. 0 Supports comment... Reply;to.Berb Spoehr Schlaefer. Sign Up email address... I SI9n•up;; i PEW=ts Sign FQni . Ides EIA ee in �emaii address. -__ Password password... or, Sip In with: Sign M Likn �0 Twaet Share $ +t 1 L6, �A I i This Discussion channel is currently closed. Discussion: Dog Parks Speak Up, Edina! We're always looking for feedback and ideas for how we can make Edina an even better place for living, learning, raising families and doing business. Take a moment to provide your feedback and ideas on any of the forums you see here or start your own discussion. It's your chance to speak up, Edina! ► SHARE your feedback) ► POST your ideas! ► JOIN the discussion! The City of Edina currently operates a year -round dog park/OLA (off -leash area) at Van Valkenburg Patic, and a seasonal OLA at Strachauer Park. Should more be added? The City of Edina is Interested is what you think about dog parks. Note: The City Is not proposing a change at this time. By using this online discussion, feedback... 3 Topics 47 Answers Closed 2014 -11 -03 View Discussion Topic: Where? Where would you suggest the City consider adding more dog parks/off-leash areas (OLAs)? 6 Responses 6 Responses Sharron Gabout t month ago Todd Park has a nice back woods area where people walk their dogs away.: How about fencing it in and making it olhcial Also, the areas around the water towers aren't used by anyone... might look into those spaces. HoAv about the Uottomland areas of 9 rule creek behind the industrial parks... no one said a dog park had to be square. 1 Support Jordan Clleenbaeh admin 28 days ago Interesting idea about the land around water tower bases!. Thanks for commenting! 0 Supports - ----- - - - - -- ----- - ----- _ -- ......_ ..... . -- ;comment... 'i Reply to Jordan'Gilgenbach. comment.... — Reply to Sharon t3: Sharon G about i month ago Maybe incorporate something into the re- development of the Fred Richards Golf course near die freeway, and tie re- development of the Grandview Heights area. 1 Support comment... Nnney Killllen about t month ago Weber Park/Mmikanda vista woods! 4 Supports !comment... Reply,to Sharon G, Reply, to NancyKillilea, I agree wrth Nancy. The land at 40th and France `that is currently used as a dog park and has been for decades. But their. should bean area in south central area of Edina as well I Support HoWearnev 21 days ago I agree that Weber Woods is a logical place for a 'bew" park. (I put new in quotes because this green space has been used as a dog park for many years.) The two current parks are in the far northwest and far southeast of Edina. For balance, we would want a park in the northeast or southwest. I'm not sure what's available in the southwest. In the northeast, Weber Woods is an obvious choice. It also has the benefit of being adjacent to a large stormwater retention pond that might need to be expanded in the future. 0 Supports continent :. . .Reply to Bob Keamey Sign Up Conne Leman address... Sign_lJp, Participants All 0 a O • Projects Sign Forums jemall address... Password -- — pas_sword... or, Sign In with: �slfl>t Sign to Like LTweet she! ,sty �LJ Speak Up, Edina! We're always looking for feedback and ideas for how we can make Edina an even better place for living, learning, raising families and doing business. Take a moment to provide your feedback and ideas on any of the forums you see here or start your own discussion. It's your chance to speak up, Edinai ► SHARE your feedback! ► POST your ideasl ► JOIN the discussioni This Discussion channel is currently closed. Discussion: Dog Parks The City of Edina ctuTcntly operates a year -round dog park/OLA (off -leash area) at Van Valkenburg Park, and a seasonal OLA at Strachauer Park. Should more be added? The City of Edina Is Interested is what you think about dog parks. Note: The City is not proposing a change at this time. By using this online discussion, feedback... 3 Topics 47 Answers I Closed 2014 -11 -03 View Discussion Topic: Do you use? Do you currently use eidter of the City's off-leash dog areas? If yes, what do you Ike best about it? 10 Responses 10 Responses Nancy I011llea about I month ago I no longer use the dog park at Van Valkenburg. I had previously paid to use the dog panic but found it unpleasant and difficult space.and an'inconven lent location 0 Supports ;comment... Reply: to Nancy;Kfllilea: Claudia F&an about 1 month ago YES! 11 never expected to ,get to know other dog owners in my community so well I've seen several good friendships blossom -- fi iendships that would not have been forged if this park wasn't available. The love of our dogs, and the need for exercise, brings us together. This park is not without its issues. The terrain can an issue for some, but it's convenient for residents on the west side of town, so us "regulars" will continue to be advocates for improvements and do our best to maintain this park. 2 Supports comment... — - - -- Reply to;Gaudia Eggan cVi ki Bed about 1_ month ago Claudia is correct. As a daily user, I have seen a number of friendships formed between humar►s and dogs, creating a real sense of community. I have also seen responsible dog owners picking up after other dogs and telling people without park collars how to get one. It is the community at the OU and the opportunity for dogs to exercise that I appreciate the most. . 0 Supports _ - - -- ..... ....... . comment... - -- — ...- — — ----- - -- - Reply,lo Vicki- Berg 0 Vicki Berg about I month ago Claudia is correct. As a daily user, I have seen a number of friendships fotnied between humans and dogs, creating a real sense of comtmtnity. I have also seen responsible dog owners picking up after other dogs and telling people without park collars how to get one. Its the conmrunu<y at the OLP and the opportunity for dogs to exercise that 1 appreciate the most 0 Supports comment... -� ;Reply to VickiBerg Vicki Berp about 1 month ago Claudia is correct. Asa daily user, I have seen a ramiber offtndships formed between humans and dogs, creating areal sense ofcorrnuinity. I have also seen responsible dog owners picking up after other dogs and telling people without park collars how to get one. It is the community at the OLP and the opportunity for dogs to exercise that I appreciate the most. 0 Supports comment... -- -- - - - - — - - -- -4 1 Reply to Vicki Berg i t�I�I! Vicki Here about 1 month ago Claudia is correct. As a daily user, I have seen a ramiber of friendships formed between humans and dogs, creating a real sense of community. I have also seen responsible dog owners picking up after other dogs and telling people without park collars how to get one. It is the community at the OLP and the opportunity for dogs to exercise drat I appreciate the most. 0 Supports [comment... - - -.. - - -- - - --- - - - - -- -- - - Reply to Vicki Berg 1 Jnlla Bartholomew about 1 month ago comment... 0 Supports comment... Reply to Julia Bartholomew 11 Jullo Bortholorm about 1 month ago comment... We just adopted a puppy ibis summer. We live near Strachauer Park and while this area is open, it really is just a dirt hockey rink. Van Valkenbuug, while a nice area is very far from us. Since we are paying for the Off Leash collar, wiry not solicit ideas from this group of dog owners to see what right be available at Stracliauer? The area closest to Hwy 62 is never used by children, hockey or soccer players. If some part of that space could be fenced in, it might be a nice grassy area for dogs to play in that would not be adjacent to homes or a playground area. I agree that it has been nice meeting other dog owners. That fosters community. 0 Supports ;comment... 3 i ;Reptyto Julia Bartholomew_ i JoAnn Hillstrom about 1 month ago 1 paid for the OffLeash Collar but have not used either .dog park this year. I take my dog to a dog park at least fivice a week, usually to the park on 40th and France. Sometimes to the Blootnington dog park in Nesbitt and 1 I Oth, a 20 trine round trip. 0 Supports ;comment... -- -- - -- - - - --r ,Reply,toJoAnnHilislrom: j JL,.! t']Izabeth Bellas about] month ago I do use the $trachauer Park off-leash area. It's not terribly exciting, but it is fin for some doggie play time and neighbor chat time. During the Night to Unite party our neighborhood hell at Strachau er Park, the of leash area was bustling with several dogs and marry neighborhood children playing, laugburg, and having a wonderfiil tale. 0 Supports ---------- . Icomment... - - - - -- : Reply to,Elizabeth Bellas Sign Up Connect emall address ign,Up. Participants IM M L _ r a 0 • 0 To: MAYOR AND COUNCIL From: Eric Roggeman Finance Director Date: November 18, 2014 NA, .qAa Agenda Item #: VII. A. Action 0 Discussion ❑ Information ❑ Subject: Resolution Nos. 2014 -144, Awarding Sale Of $13,485,000 G.O. Refunding Bonds, Series 2014B Action Requested: Adopt Resolution Nos. 2014 -144, Awarding Sale Of $13,485,000 G.O. Refunding Bonds, Series 2014B Information / Background: Attached are the resolutions awarding the sale of bonds as drafted by the City's bond counsel, Dorsey & Whitney. The Bonds are being issued by the City, pursuant to Minnesota Statutes, Chapters 429, 444, 475 and Section 475.67, for the purpose of effecting a current refunding of the following: (i) the 2016 and 2017 maturities of the City's $5,375,000 General Obligation Park and Recreation Refunding Bonds, Series 2005A, dated July 19, 2005; (ii) the 2016 and 2017 maturities of the City's $8,210,000 General Obligation Utility Revenue Bonds, Series 2007B, dated May 24, 2007; (iii) the 2016 through 2019 maturities of the City's $13,985,000 General Obligation Utility Revenue Bonds, Series 2008A, dated August 28, 2008; and (iv) the 2016 through 2020 maturities of the City's $7,755,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2008B, dated August 28, 2008. The bids will be received and tabulated by the City's financial advisor, Ehlers & Associates, Inc. on Tuesday, November 18. The bids and Ehlers & Associates analysis will be presented to the City Council at the November, 18 Council meeting. ATTACHMENT: Resolution 2014 -144 City of Edina • 4801 W. 50' St • Edina, MN 55424 CERTIFICATION OF MINUTES RELATING TO $13,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B Issuer: City of Edina, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on November 18, 2014 at 7:00 o'clock P.M., at the City Hall, Edina, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (including): Pages 1 through 23 RESOLUTION NO. 2014 -144 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $13,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B I; the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of November, 2014. Debra Mangen, City Clerk It was reported that proposals had been received prior to 11:00 A.M., Central Time today for the purchase of the $13;485,000 General Obligation Refunding Bonds, Series 2014B of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Name of Bidder Bid for Interest Principal Rates [See Attached] Net Interest C'.nct Councilmember then introduced the following 1 resolution and moved its adoption: RESOLUTION NO. 20,14-144 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND. DETAILS AND PROVIDING FOR THE PAYMENT OF $13,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as follows: Section 1. Authorization and Sale. 1.01. Authorization of Bonds. Pursuant to Resolution No. 2005 -70, adopted on August 16, 2005, the City created a revolving fund as contemplated by Minnesota Statutes, Section 429.091, Subdivision 7a, designated as the Permanent Improvement Revolving Fund, and established certain accounts within such Permanent Improvement Revolving Fund. The City owns and operates a municipal storm sewer utility (the "Storm Water Utility") and a municipal sanitary sewer and water utility (the "Sewer and Water Utility," which together with the Storm Water Utility is called the "Utilities "). This Council hereby determines that it is in the best interest of the City to issue its General Obligation Refunding Bonds, Series 2014B (the "Bonds "), in the principal amount of $13,485,000, pursuant to Minnesota Statutes, Chapters 429, 444 and 475. The proceeds of the Bonds shall be used, together with any additional funds of the City which might be required, to: (i) refund in advance of maturity, on February 1, 2015 (the "Redemption Date ") the 201.6 and 2017 maturities aggregating $1,140,000 in principal amount, of the City's General Obligation Park and Recreation Refunding Bonds, Series 2005A, dated as originally issued, as of July. 19; 2005 (the "Refunded Series 2005A Bonds"); (ii) refund in advance of maturity, on the Redemption Date the 2016 and 2017 maturities aggregating $1,890,000 in principal amount, of the City's General Obligation Utility Revenue Bonds, Series 2007B, dated, as originally issued, as of May 24, 2007 (the "Refunded Series 2007B Bonds "); (iii) refund in advance of maturity, on the Redemption Date the 2016 through 2019 maturities aggregating $5,995,000 in principal amount, of the City's General Obligation Utility Revenue Bonds, Series 2008A, dated, as originally issued, as of August 28, 2008 (the "Refunded Series 2008A Bonds "); and (iv) refund in advance of maturity, on the Redemption Date the 2016 through 2020 maturities aggregating $4,255,000 in principal amount, of the City's General Obligation Permanent Improvement Revolving Fund Bonds, Series 20.08B, dated, as originally issued, as of August 28, 2008 (the "Refunded Series 2008B Bonds," and together with the Refunded Series 2005A Bonds, the Refunded Series 2007B Bonds and Refunded Series 2008A Bonds, the "Refunded Bonds "). The Refunded Bonds will be redeemed on the Redemption Date. ' This Council hereby determines to issue and sell the Bonds to defray the expense incurred and estimated to be incurred by the City to refund the Refunded Bonds, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65. The Bonds are being issued for the purpose of effecting a current refunding of the Refunded Bonds pursuant to�the extraordinary redemption provisions contained in Section 2.04 of the resolutions authorizing the issuance of the Refunded Bonds. The portion of the Bonds issued to refund the Refunded Series 2005A Bonds are referred to as the "Series 2005A Refunding Bonds." The portion of the. Bonds issued to refund the Refunded Series 2007B Bonds are referred to as the "Series 2007B Refunding Bonds." The portion of the Bonds issued to refund the Refunded Series 2008A Bonds are referred to as the "Series 2008A Refunding Bonds." The portion of the Bonds issued to refund the Refunded Series 2008B Bonds are referred to as the "Series 2008B Refunding Bonds." The Redemption Date is the earliest date upon which the Refunded Bonds may be redeemed. The refunding of the Refunded Bonds is being carried out for the purpose described in Minnesota Statutes, Section 475.67, subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statutes, Chapter 475. The allocation of.the Bonds for this purpose is set forth in Section 2.01 hereof. 1,.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (__) proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened and publicly read and considered, and the purchase price, interest rates and true interest cost under the terms of each bid have been_, determined.. The most favorable proposal received is that of , of , and associates (the "Purchaser "), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 2.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.04. Performance of Requirements. The City is authorized by Minnesota Statutes, Section 444.075, to issue and sell the Series 2007B Refunding Bonds and the Series 2008A Refunding Bonds (together, the "Utilities Bonds ") to refinance improvements to the Utilities, and to pledge to the payment of the Utilities Bonds net revenues to be derived from charges for the service, use and availability of the Utilities. The City presently has certain outstanding obligations which constitute a lien on the net revenues of the Utilities.- Such obligations permit further pledges and appropriations of net revenues of the Utilities to be made superior or -2- subordinate to or on a parity with the pledge and appropriation of net revenues of the. Utilities to pay such obligations. The City, Council hereby determines that the estimated net revenues of the Utilities will be sufficient, together with any.,other sources pledged to: or projected to be used; for the payment of the principal of and interest on the Utilities Bonds and such outstanding obligations which constitute alien on the net revenues of the Utilities. All acts, conditions and things which are required by the Constitution and laws of the State of-Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Utilities Bonds having been done, existing, having happened and having-been performed, it is now necessary for this Council to establish the form and terms of the Utilities Bonds, to provide security therefor and to issue the Utilities Bonds forthwith. Section 2. Bond Terms: Registration: Execution and Deliverv. 2.01. Maturities; Interest Rates;. Denominations; Payment.:: The Bonds shall be designated General Obligation Refunding Bonds, Series 2014B, shall be originally dated as of December 11, 2014, shall be in the denomination of $5;000 each, or any integral multiple thereof, shall mature on February 1 in the respective years and amounts stated below, [without option of prior payment,] and shall bear interest, computed on the basis of a 360 -day year consisting of twelve 30 -day months, from December .11, 2014 until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount .Rate 2016 $3,870,000 2019 $2,425;000 2017 3,905,000 2020 895,000 2018 2,390,000 [Revise for term bonds.] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar for the Bonds appointed herein. The portion of the Bonds maturing in the following years and amounts constitute the Refunding Bonds: Series 2005A Series 2007B Series 2008A Series 2008B -3- Refunding Refunding Refunding Refunding Year Bonds Bonds Bonds Bonds 2016 $585,000 $955,000 $1,495,000 $3,870,000 ,2017 575,000 965,000 1,510,000 3,905,000 2018 -- -- 1,530,0,00 2,390,000 2019 -- -- 1,550,000 2,425,000 2020 -- -- -- 895,000 -3- 2.02. , Interest Payment Dates. Each Bond shall be dated:by the Registrar as of the date of its authentication. The interest -on the Bonds shall be payable on February I and August 1 in each year, commencing August 1, 2015, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint,- and shall maintain, a bond registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of. the City and the Registrar with respect thereto shall be as follows: (a) Re ig Stier. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the -4- 1 owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h). Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or'in lieu of and in substitution for any such Bond destroyed, stolen or. lost; upon the.pgyment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or. lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Ate. The Registrar is hereby designated. authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall .be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.04. Appointment of Registrar and Paving Agent. The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with U.S. Bank National Association, as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary.'charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. 2.05. Redemption. The Bonds shall not be subject to optional redemption prior to maturity. -5- [Bonds maturing on February 1, 20_ are subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to.the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Bonds Maturing on February 1, 20 Sinking Fund Aggregate Payment Date Principal Amount *Maturity Prior to the date set for redemption of any Bond prior to its stated maturity date, the City Finance Director shall cause notice of the call for redemption thereof to be published as required by law and, not more than sixty (60) and not fewer than thirty (30) days prior to the designated redemption date, shall cause notice of the call to be mailed to the registered holders of any Bonds to be redeemed'at their addresses as they appear on the bond register described in Section 2.03 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption,date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest.] Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 2.06. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Finance Director and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager,. provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear.on the 130nds shall cease to be such officer before. the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. Notwithstanding such, execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless.and until a certificate of authentication'on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. I M, The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. form: 2.07. Form of Bonds. The Bonds shall be typed or printed in substantially the following UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA GENERAL OBLIGATION REFUNDING BOND, SERIES 2014B Interest Maturity Rate Date % February 1, 20 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: Date of Original Issue December 11, 2014 CUSIP THOUSAND DOLLARS THE CITY OF EDINA, Hennepin County, Minnesota (the City), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner named above, or registered assigns, the principal sum specified above on the maturity date specified above, and to pay interest thereon from the date of original issue specified above, or the most recent interest payment date to which interest has been paid or provided for, at the annual rate specified above [without option of prior payment], payable on February 1 and August 1 in each year, commencing August 1, 2015 (each such date, an Interest Payment Date), to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the month immediately preceding the payment date[, all subject to the provisions referred to herein with respect to redemption of the principal of this Bond before maturity]. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360 -day year composed of twelve 30 -day months. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Registrar), or its designated successor under the resolution described herein. For the prompt and -7- full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $13,485,000, all of like date and tenor, except as to serial number, maturity date, interest rate, redemption privilege and denomination issued pursuant to a resolution adopted by the City Council on November 18, 2014 (the "Resolution "), to maintain the Permanent Improvement Revolving Fund of the City, a permanent fund established for the financing and refinancing of local improvements for which special assessments may be levied against property specifically benefited thereby, to refinance improvements to the City's recreational facilities, and to refinance costs of improvements to the storm sewer utility and to the sanitary sewer and water utility of the City, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 429 and Section 444.075 and Chapter 475. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. The Bonds of this series are issuable only as fully registered Bonds, in denominations of $5,000 or any multiple thereof, of single maturities. [Bonds maturing in the year 20_ shall be subject to mandatory redemption prior to maturity by lot pursuant to the mandatory sinking fund requirements of the Resolution on February 1 in the years and in the principal amounts set forth in the Resolution at a redemption price equal to the stated principal amount thereof to be redeemed plus interest accrued thereon to the redemption date, without premium.] [At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. -8- The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the improvements refinanced by the Bonds collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on such portion of the Bonds as such principal and interest respectively become due, and has appropriated such special assessments to the Revenue Account (the Revenue Account) of its Permanent Improvement Revolving Fund previously established by the City; and that, on or before each date the City is obligated to pay principal of or interest on such portion of the Bonds, the City will transfer from its Revenue Account to a separate General Obligation Permanent Improvement Revolving Fund Bonds, Series 2014 Bond Fund an amount sufficient for the payment of such principal and interest on such date; and the City has pledged to the payment of the principal of and interest on the Bonds net revenues of the storm water utility and sanitary sewer and water utility of the City; that in and by the Resolution, the City has covenanted and agreed with the owner of the Bonds that it will impose and collect charges for the service, use and availability of its storm water utility and sanitary sewer and water utility at the time and in the amounts required to produce net revenues adequate to pay all principal of and interest on the Bonds and on all other bonds payable from net revenues of the storm water utility and sanitary sewer and water utility as such principal and interest respectively become due; that prior to the issue of the Bonds the City has levied ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to pay not less than five percent in excess of the principal and interest on the Bonds as such principal and interest come due on such portion of the Bonds payable from ad valorem taxes levied on all taxable property in the City; that if needed to pay the principal and interest on this Bond, additional ad valorem taxes will be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution described herein until the Certificate of Authentication In hereon shall have been executed -by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Edina, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the manual or facsimile signatures of the Mayor and City Manager, and has caused this Bond to be dated as of the Date of Original Issue set forth above. CITY OF EDINA City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within.. Date of Authentication: U.S. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA ................. Custodian ...................... in common (Cust) (Minor) under Uniform Transfers to Minors Act ................... TEN ENT -- as tenants (State) by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common -lo- Additional abbreviations may also be used though not in the above list. -11- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells; assigns. and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: The signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. [End of Bond Form.] 2.08. Use of Securities Depository; Book- Entr�yS sue. The provisions of this Section shall take precedence over the provisions of Sections 2.01 through 2.07 to the extent they are inconsistent therewith. (a) The Depository Trust Company ( "DTC ") has agreed to act as securities depository for the Bonds, and to provide a Book -Entry Only System for registering the ownership interest of the financial institutions for which it holds the Bonds (the "DTC Participants "), and for distributing to such DTC Participants such amount of the principal and interest payments on the Bonds as they are entitled to receive, for redistribution to the beneficial owners of the Bonds as reflected in their records (the `Beneficial Owners "). - (b) Initially, and so long as DTC or another qualified entity continues to act as securities depository, the Bonds shall be issued in typewritten form, one for each maturity in a principal -12- amount equal to the aggregate principal amount of each maturity, shall be registered in,the name of the securities depository or its nominee, shall be subject to the provisions of this Section 2.08, and no Beneficial Owner shall have the right to receive a certificate of ownership or printed Bond. While DTC is acting as the securities depository, the Bo.nds,shall be registered in the name. of the DTC's nominee, CEDE & CO;_ provided that upon delivery by DTC to the City and the Registrar of written notice to the effect that DTC has determined to ;substitute anew nominee in place of CEDE & CO., the words "CEDE & CO." in this Resolution shall refer to such new nominee of DTC. With respect to Bonds registered in the name of a securities depository or its nominee, the City and the Registrar shall have no responsibility or obligation to any DTC Participant or Beneficial Owner with respect to the following: (i) the accuracy of the records of any securities depository or its nominee with respect to any ownership interest in the Bonds; (ii) the delivery to any DTC Participant or other person or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, -or (iii) the payment to any DTC Participant or any other person, other than DTC, of any amount with respect to the principal of or premium, if any, or interest on the Bonds. The Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the order of DTC, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal and interest on the Bonds to the extent of the sum or sums so paid. So long as the Book -Entry Only System is in effect, no person other than DTC shall receive an authenticated Bond. (c) Upon receipt by the City and the Registrar of written notice from the securities depository to the effect that it is unable or unwilling to discharge its responsibilities under the Book -Entry Only System, the Registrar shall issue, transfer and exchange Bonds of the initial series as requested by the securities depository in appropriate amounts, and whenever the securities depository requests the City and the Registrar to do so, the City and the Registrar shall cooperate with the securities depository in taking appropriate action after reasonable notice (i) to arrange for a substitute depository willing and able, upon reasonable and customary terms, to maintain custody of the Bonds, or (ii) to make available Bonds registered in whatever name or names the Beneficial Owner registering ownership transferring or exchanging such Bonds shall designate, in accordance with clause (f) or clause (g) below, whichever is applicable. (d) In the event the City determines that it is in the best interests of the Beneficial Owner that they be able to obtain printed Bonds, the City may so notify the securities depository and the Registrar, whereupon the securities depository shall notify the Beneficial Owners of the availability through the securities depository of such printed Bonds. In such event, the City shall cause to be prepared and the Registrar shall issue, transfer and exchange the printed Bonds fully executed and authenticated, as requested by the securities depository in appropriate amounts and, whenever the securities. depository requests, the City and the Registrar shall cooperate with the securities depository in taking appropriate action after reasonable notice to make available printed Bonds registered on the Bond Register in whatever name or names the Beneficial `Owners entitled to receive Bonds shall designate, in accordance with clause.(f) or clause (g) below, whichever is applicable. -13- (e)' Notwithstanding any other provisions of this Resolution to the contrary, so long as any�Bond is registered in the name of a securities depository or its nominee, all payments of principal and interest on the Bond and all notices with respect to the Bond shall be made, and given, respectively, to the securities depository.. (f) In the event that the Book -Entry Only System established pursuant to this Section is discontinued, except as provided in clause (g), the Bonds shall be issued through the securities depository to the Beneficial Owners. (g) In the event of termination of the Book -Entry Only System, the City shall have the right to terminate, and shall take all steps necessary to terminate, all arrangements with the securities depository described herein, and thereafter shall issue, register ownership of, transfer and exchange all Bonds as provided in Section 2.03. Upon receipt by the securities depository of notice from the City, the securities depository shall take all actions necessary to assist the City and the Registrar in terminating all arrangements for the issuance of documents evidencing ownership, interests in the Bonds through the securities depository. Nothing herein shall affect the securities depository's rights under clause (e) above. Section 3. Use of Proceeds. Upon payment for the Bonds by the Purchaser, the City Manager shall apply the proceeds of the Bonds as follows: (a) $ shall be deposited in the sinking fund established for the Series 2005A Refunded Bonds to be applied to their redemption and prepayment on the Redemption Date; (b) $ shall be deposited in the sinking fund established for the Series 2007B Refunded Bonds to be applied to their redemption and prepayment on the Redemption Date; (c) $ shall be deposited in the sinking fund established for the Series 2008A Refunded Bonds to be applied to their redemption and prepayment on the Redemption Date; (d) $ shall be deposited in the sinking fund established for the Series 2008B Refunded Bonds to be applied to their redemption and prepayment on the Redemption Date; (e) $ shall be used to pay costs of issuance of the Bonds; and (f) $ shall be deposited in the Bond Fund created in Section 4.01 hereof. All proceeds of the Bonds received from the Purchaser are irrevocably appropriated to pay and redeem the Refunded Bonds on the Redemption Date. The City Manager is hereby authorized and directed to take all actions necessary to redeem the Refunded Bonds on the Redemption Date. -14- Section 4. General Obligation Refunding Bonds, Series 2014B Bond Fund and Pledge of Taxing Powers. 4.01. General Obligation Refunding Bonds, Series 2014B Bond Fund. The Bonds shall be payable from a separate and special General Obligation Refunding Bonds, Series 2014B,Bond Fund (the `Bond Fund ") of the,City, which Bond Fund the�City agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds, such amounts shall be paid from other moneys on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund: The moneys on hand'in:the Bond Fund from time to time shall be used only to pay the principal of and. interest on,the`Bonds. Into the Bond Fund shall be paid: (a) any amount appropriat4thereio pursuant to Section 3 hereof; (b) all excess amounts on deposit in the debt service funds'. ."maintained for the.payment of the Refunded Bonds upon the retirement of the Refunded Bonds-on the Redemption_ Date; (c) all moneys transferred with respect to the Series 2008B Refunding Bonds from other accounts within the Permanent Improvement Revolving Fund to the Bond Fund in accordance with this Resolution, (d) net revenues of the Utilities herein pledged and appropriated to the payment of the Utilities Bonds, (e) special assessments pledged to the payment of the Bonds or previously pledged to the Refunded Bonds; (f) ad valorem taxes collected in accordance with the provisions of Section 4.02 hereof; and (g) any other funds appropriated by the City Council for the payment of the Bonds. 4.02. Pledge of Taxing Powers: For the prompt and full payment of the principal of and interest on.the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which will produce amounts not less than five percent in excess of amounts needed to meet when due the principal_ and interest payments on the Series 2005A Refunding Bonds, .ad valorem taxes are hereby levied on all taxable property in the City, said taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached levy computation Said taxes shall be irrepealable as long as any of the Series 2005A Refunding Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.6l.. 4.03. Special Assessments. The City. has previously levied special assessments against lots, tracts and parcels of land benefited by the improvements financed by the Series 2008B Refunded Bonds, in an aggregate principal amount not less than twenty percent (20 %) of the cost of such improvements. The City hereby covenants and agrees that for payment of the cost of each of the improvements financed by the Series 2008B Refunded Bonds it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an -15- aggregate principal amount not less than twenty percent (20 %) .of the cost of the improvements. In the event that.any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees; either in the making of such assessment or in,the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith'do all such further acts and take all such further proceedings as may be required bylaw to make such assessments a valid and binding lien upon such property. The special assessments.,, levied for payment of the cost of the improvements -financed by the Series 2008B Refunded Bonds were in the principal. amount of $ payable in not more than 10 installments, the first installment to be collectible with taxes during the year 20_, and that deferred installments "shall bear interest at the 'rate. of [%] per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. Section 5. Imposition of Charges; Additional Bonds. The City hereby covenants and agrees with the holders from time to time of the Utilities Bonds that so long as any of the Utilities Bonds are outstanding, the City will impose arid collect reasonable charges for the, service, use and availability of the Utilities to the City and its inhabitants according to schedules calculated to produce net revenues which, will be sufficient to pay all principal and interest when due on the Utilities Bonds and all other obligations payable from the net revenues of the Utilities. Net revenues of the Utilities, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of the Utilities Bonds and interest thereon; provided that nothing herein shall preclude the City from hereafter.making further pledges and appropriations of net revenues of the Utilities for the payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Utilities will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Utilities Bonds and paid therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made, as to the application of net revenues received from time to time. Section 6. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges; covenants and other rights granted by this Resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds,which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond - should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a'sum sufficient for the payment thereof in full with interest accrued from the due date to the date of.such deposit. The City may also discharge its obligations with respect to:any prepayable Bonds called for redemption on any date when they are prepayable according.to their terms, by depositing with the Registrar on or before that date an amount equal to the principal; interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of -16- law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates` as shall be required to pay all principal, interest and redemption premiums to become due. thereon to maturity or said redemption date. Section 7. 7.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Hennepin County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register as required by law. 7.02. Certification of Proceedings. The officers of the City , and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to-them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 7.03. Covenant. The City covenants and agrees with the registered owners of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest payable on the Bonds to become subject to taxation,under the Internal Revenue Code of 1986, as amended (the . "Code ") and Regulations promulgated; thereunder (the "Regulations ") as are enacted or promulgated and in effect on the date of, issuance of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest.bn the Bonds will. not become includable in gross. income of the recipient under. the Code and the Regulations. The facilities financed by the Bonds shall at all times during he term of the Bonds be owned and maintained by the City and the City shall not enter into any lease, use agreement, management agreement, capacity agreement or other agreement or contract with any nongovernmental person relating to the use of the facilities financed.by the Bonds, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.04. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence. on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. -17- 7.05. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such .determinations, file such reports and documents, and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations, unless the Bonds qualify for an exception from the °rebate requirement pursuant to.one of the spending exceptions set forth in Section 1.148 -7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund ") arise during or after the expenditure of the original proceeds thereof. 7:06.. Official Statement. The Official Statement relating to the Bonds, dated November '6; 2014, ` prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. Ehlers and Associates, Inc. is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the Bonds required to be included in the Official Statement by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of •1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser a reasonable number of copies of the Official Statement and such supplement. i The officers of the City are hereby authorized and directed to execute such certificates as may be.'appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.. Section 8. ContinuinLy Disclosure. (a) Purpose and. Beneficiaries. To provide for thepublic availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R.., §; 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time;; the Rule), which will enhance the marketability of the Bonds, the City hereby makes the -' following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ, of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein_in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means' in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to.the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a =18- Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an age4nt designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2014, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: "VALUATIONS— Current Property Valuations," "DEBT— Direct Debt," and "TAX RATES, LEVIES AND COLLECTIONS —Tax Levies and Collections" and "GENERAL INFORMATION —U.S. Census Data" and "- Employment / Unemployment Data," which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (MSRB) through its Electronic Municipal Market Access System (EMMA) or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data -19- is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each a Material Fact): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of -20- applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding understate or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subjectto.the supervision and orders of a court or governmental authority, or the entry of an' order'confirming a plan of reorganization, arrangement or liquidation by a.court or governmental authority - having supervision or. jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B). the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation Provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any' change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or -21- proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. .. .. . 11 ..4 (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Board filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the.. City and others and the opinion may be. subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change -in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the. primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule.. Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Klein Bank, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. Adopted this 18th day of November, 2014. Mayor -22- Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -23- COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting .County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy.of a resolution duly adopted on November 18, 2014, by the City Council of the City of Edina, Minnesota, setting forth the form and details of an issue of $13,485,000 General Obligation Refunding Bonds, Series 2014B, dated as of December 11, 2014. I further certify that said Bonds have been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of 2014. County Auditor (SEAL) To: MAYOR AND COUNCIL From: Chad A. Millner, P.E. Director of Engineering Date: November 18, 2014 Subject: Survey Results from 2013 Street Reconstruction Projects Action Requested: None. For informational purposes riA, o e ,888 Agenda Item #: VII. B. Action ❑ Discussion ❑ Information Information / Background: Please recall over the past few years the engineering department has conducted a survey of residents that were affected by our street reconstruction projects. The results attached are from our 2013 Street Reconstruction Projects which include the following neighborhoods: Braemar Hills B, Gleason Circle, Lake Edina, Mendelssohn A, Normandale, and St. Patrick's Lane. These results help us identify trends in how we communicate with residents about street reconstruction. We use this data to improve our processes and /or communications so that the residents understand the process better. Attachment: Survey Results G: \PW \ADMIN \ASSESSMENTS \2014 ASSESSMENTS \Presentation \Item VIII. x. Resident Survey Results 2013 Construcilon.docx City of Edina • 4801 W. 50th St. • Edina, MN 55424 2013 Street Reconstruction Survey To which street reconstruction project is this survey in response? Answered: 152 Skipped:0 100% 80% 60% 40% 20% 0% Braemar Gleason Lake Edina Mendelssohn Normandale St. Hills B Circle Reconstruct A Reconstruct Patrick's Reconstruct Reconstruct ion Reconstruct ion Lane ion ion ion Reconstr... Answer Choices Responses Braemar Hills B Reconstruction 11.84% 18 Gleason Circle Reconstruction 2.63% 4 Lake Edina Reconstruction 45.39% 69 Mendelssohn A Reconstruction 13.82% 21 Normandale Reconstruction 24.34% 37 St. Patrick's Lane Reconstruction 1.97% 3 Total 152 2013 Street Reconstruction Survey BRAEMAR HILLS B Q2 How effective was the communication you received prior to construction? Answered: 11 Skipped: 141 100% 80% 60% 40% 20% 0% City Meetings 1110 City of Edina Website Very effective Somewhat effective Neither effective nor ineffective ss Somewhat ineffective W Not at all effective NIA I do not remember receiving any information prior to the start of the project Very Somewhat Mailed Correspondence 1110 City of Edina Website Very effective Somewhat effective Neither effective nor ineffective ss Somewhat ineffective W Not at all effective NIA I do not remember receiving any information prior to the start of the project Total 10 11 10 COMMENTS: Communication from the City of Edina was vague and frequently inaccurate -- particularly when the City knew that want was going to happen was /would be unpopular. I signed up for web site a -mails & NEVER received a single notice. Called twice for help, spoke to interns and still unable to receive updates. Website was not easy to navigate to find updates. Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 20.00% 50.00% 20.00% 10.00% 0.00% 0.00% 2 5 1 0 0 Mailed 27.27% 54.55% 0.00% 18.18% 0.00% 0.00% Correspondence 3 6 0 2 0 0 City of Edina 30.00% 20.00% 40.00% 0.00% 10.00% 0.00% Website 3 1 0 1 0 Total 10 11 10 COMMENTS: Communication from the City of Edina was vague and frequently inaccurate -- particularly when the City knew that want was going to happen was /would be unpopular. I signed up for web site a -mails & NEVER received a single notice. Called twice for help, spoke to interns and still unable to receive updates. Website was not easy to navigate to find updates. 2013 Street Reconstruction Survey BRAEMAR HILLS B Q3 How effective was the communication you received during construction? Answered: 11 Skipped: 141 100% 80% Total u J1 10 10 10 COMMENTS: They were often vague, lacking specifics such as which addresses, what day and what time. Communication from the City of Edina was vague and frequently inaccurate -- particularly when the City knew that want was going to happen was /would be unpopular. Only received a -mails from neighbors who were able to get them. On several occasions I updated the neighbors of road closures & water shut -offs were late in coming. Also, email notices only came on Fridays and had to go through the Communications Dept and were often info after the fact. 60% 40% 9' 0% City Meetings Mailed Weekly Email Monthly City of Correspondenc Updates Mailed Edina Website e Updates Very effective I Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 11.11 % 55.56% 11.11% 22.22% 0.00% 0.00% 1 2 0 0 Mailed 22.22% 55.56% 11.11% 11.11% 0.00% 0.00% Correspondence � 5 1 1 0 0 Weekly Email 40.00% 40.00% 0.00% 20.00% 0.00% 0.00% Updates 4 4 0 2 0 0 Monthly Mailed 10.00% 30.00% 30.00% 30.00% 0.00% 0.00% Updates 3 3 0 0 City of Edina 10.00% 40.00% 30.00% 10.00% 10.00% 0.00° Website 1 4 3 1 1 0 Total u J1 10 10 10 COMMENTS: They were often vague, lacking specifics such as which addresses, what day and what time. Communication from the City of Edina was vague and frequently inaccurate -- particularly when the City knew that want was going to happen was /would be unpopular. Only received a -mails from neighbors who were able to get them. On several occasions I updated the neighbors of road closures & water shut -offs were late in coming. Also, email notices only came on Fridays and had to go through the Communications Dept and were often info after the fact. 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey BRAEMAR HILLS B The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Answered: 10 Skipped: 142 Yes Answer Choices Responses Yes 70.00% No 30.00% Total COMMENTS: We were only given the approximate cost of the assessment no specifics were given. No 10 100% 80% 60% 40% 2013 Street Reconstruction Survey BRAEMAR HILLS B n5 Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Answered: 11 Skipped: 14 1 A 20% 0% Yes No I did not attend the Open House. Answer Choices Responses Yes 54.55% 6 No 9.09% 1 1 did not attend the Open House. 36.36% a Total 11 COMMENTS: Somewhat, although the concerns increased during the project of which the open house did not address. Some questions were answered, but concerns were not addressed -- primarily responses to concerns were avoided. The City engineers claimed not the know answers and promised to respond at a later date, but did not. Out of town. Being able to review the drawings was highly beneficial to my understanding and expectations. 2013 Street Reconstruction Survey BRAEMAR HILLS B ,.,a Construction Phase Answered: 11 Skipped: 14 100% 80% 60% 40% 20% m 0% How effective was the project team in working to minimize your level of inconvenience during the project? Very effective 0 Somewhat effective 0 Neither effective nor ineffective Somewhat ineffective E Not at all effective Very Somewhat Neither effective Somewhat Not at all Total effective effective nor ineffective ineffective effective How effective was the project team in working to minimize 27.27°% 63.64 % 0.00% 9.09% 0.00% your level of inconvenience during the project? J 1 COMMENTS: The contractor was unnecessarily intrusive much of the time. My electricity, cable and telephone lines were all cut more than once. It was difficult to get them fixed as the city took no responsibility and the individual utilities gave no priority to restoring service, particularly if only one house was affected. Even more annoying, individual contractors admitted they did not care if they cut utility lines when digging ... they said it was quicker and cheaper for them to just cut them and let the homeowners get them fixed! Often time 'the right hand' wasnt aware of what the 'left hand' was doing. The contracted companies were not working together as well as what was expected. Jeff Frahm did his best to assist us during the disruption caused by the project, but he often did not have the authority to do so. His Edina supervisors did not support him and, by extension, our neighborhood. Jeff Frahm was very attentive and helpful. Wayne Houle NEVER returned phone calls ! I guess he was too busy working on looking for a new job. Glad he resigned. We had to often personally address issues of damage and inconvenience that many sub contractors caused 100% 80% 60% 40% 20% oar Answer Choices Yes No Total 2013 Street Reconstruction Survey BRAEMAR HILLS B Q7 During construction, did you know the name of your City representative? Yes COMMENTS: Jeff Frahm Jeff Fram Jeff Frahm Jeff Frahm Jeff Frahm Jeff Frahm. Fantastic communications and personality. Jeff Frahm Responses 100.00% 0.00% No 0 11 2013 Street Reconstruction Survey BRAEMAR HILLS B Q8 During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered: 11 Skipped: 141 100% 80% 60% 40% d n a 20% 0% Yes No Answer Choices Responses Yes 81.82% No 18.18% `- Total 11 COMMENTS: It seemed the assumption was that people were not home during the day, so the effort was not always made in timely fashion. My gas and electricity were both disrupted several times without warning. When I questioned construction workers, twice I was told that it was believed that usually folks are at work during the day so there was no reason to notify us of shut -offs. Jeff Frahm worked hard on this and notifications improved toward the end of the project. The Edina Team was great. The same cannot be said about the Utility Companies & their sub - contractors. The Subs cut off cable without notice. 2013 Street Reconstruction Survey BRAEMAR HILLS B During any phase of the project, did you experience any conflicts in dealing with the project? Answered: 11 Skipped: 141 100% 80% 60% k 40% 20% 0% Yes Answer Choices Responses Yes 90.91% No 9.09% Total COMMENTS: See next page. No 11 COMMENTS: Workers would block driveways with their equipment while they went to lunch and didn't need to leave the front loaders sitting there. Yes. See above ... lost electricity, cable and phone service, each more than once. The contractors didn't care about cutting lines. One lied to my face while trying to hide a line he cut. Not only should the city have a better understanding with the contractors about not cutting marked lines, but there should be an easier way to get service restored. My husband often works from home and having our internet connections cut several times was a huge problem. Phone lines cut, internet lines cut, and yet - my dog wire has not yet been repaired. Also, my yard was not repaired well following digging and I needed to request this to be improved. It seemed as if no one took responsibility until a complaint was made. The seeding of the yard does not appear as if it will provide an appearance representative of the 'before construction' appearance that was promised. I am very disappointed with the areas that were seeded. During Jeff Frahm's vacation week, his City replacement told me: 1) the work crews did not have time to deal with replacing the boulders they'd moved in my yard back to their original spots and 2) just because I had had discussions with the City about returning my property to its pre- construction condition (dog fence restored, sprinkler system repaired, lawn leveled and restored) did not mean that the City promised to make sure this was done. Xcel should have replaced their lines. They were the only utility not to do so. This neighborhood has had chronic power outages for years prior to the construction. I personally contacted Wayne Houle & Xcel to complain. During construction a under- street line from the transformer to our home broke days after it was moved for sewer work. It caused a power loss at 11 pm for about 11 homes. Xcel restored power to all, but had to run a line up trees across the street to our home to provide power. This above ground line was there for more than a week. Contractor damaged electrical utility feeders in several locations, leading to neighborhood and homeowner inconvenience. Due diligence should have been adhered to in an effort to avoid extra costs and inconvenience. Many times we had underground sprinkler lines damaged and we told it was someone else's problem. No one took responsibility until we really pressed the issue. The common response was, " we didn't do that damage, it wS already damaged when we got her." Problem being that the sprinkler worked fine until those contractors performed any work on our property. During the project, a large mountain of dirt was placed in my yard which hindered Xcel from reaching a transformer during a storm. Xcel then cut my pine trees. Also, I feel as if Jeff abandoned the neighborhood after he felt the project was done. My sprinkler system was still leaking; I called and received no response from Jeff. The dirt along the curb is still not correct (too loose and my foot sinks in) and still feel I have received no response or resolution from Jeff. I kept getting emails about the hydromulch which wasn't the issue. When the company replanted the grass, they spread grass seed all through my very well demarcated, edged gardens; Jeff told me the construction company would come pull the grass in my gardens. Never happened. Truly left a bad impression as I felt he moved on and didn't care about the residual issues in the neighborhood. While I understand that the City has to maintain the streets, I think the followup at the end of the project was poor. 2013 Street Reconstruction Survey BRAEMAR HILLS B Q10 What aspects of the project process met your expectations and why? Answered:8 Skipped: 144 COMMENTS: Streetlights nicer than thought . Done more or less in the time frame promised. Worked with me to relieve particular drainage problem in front of our house. Jeff Fram was excellent in communication as well as attempting to correct anything that did not run smoothly or was in error. The process of taking out the old roads and replacing them met my expectations. We would have appreciated it being a quicker process, though. New Utility lines by all except Xcel. Jeff Frahm. Nice new streets. Completed on schedule. Communication on progress. The timeliness of the project. It was completed when they said it would be. When they first started, Jeff was able to contact the construction company and clear some debris and move the portapotty for my daughters grad party. 2013 Street Reconstruction Survey BRAEMAR HILLS B Q11 What aspects of the process did not meet your expectations and why? Answered: 10 Skipped: 142 COMMENTS: Dirt in air from street cleaning machine. Circle, well used, made smaller. the driveways and yards were not repaired to satisfaction. the yards look terrible and the driveways have lines across them making them look cheaply done. See above about utility interruptions. Also the resodding was not done as promised and no one's yard looks the way it did before. We got the seed with the blue fertilizer cover and although the grass grew fairly well, the soil was not smoothed or compacted before the seed was applied and most people's lawns are uneven and bumpy. Also if anyone walked on your lawn for the first month or so, if left foot print divots as well. My front lawn looks horrible. I expect the City to actually re sod this Spring. The repair of the property following this project. The yard areas that were dug up and needing repair have not been done to our satisfaction. Especially troublesome are the seeded areas and the non repair of our pet containment invisible fencing. The restoration of our yards and systems fell way below expectations. After lengthy discussions, my dog fence was eventually jury- rigged together. It was not replaced in the manner promised. I still have 1 sprinkler head that has not been repaired. My lawn has not been restored: soil was inadequately replaced, areas were not seeded. I continue to pursue this with the City. Finally, the neighborhood's electricity was frequently out for long periods of time during construction. Xcel was the only utility that refused to replace its service lines in our neighborhood though they are past their useful life even by Xcel's standards. The City should have made a targeted effort on our behalf to encourage Xcel to make the necessary upgrades and kept the neighborhood apprised -hen they were not having success so addition steps could have been taken. Xcel not updating lines & power issues continue for some neighbors. Substandard job done by the landscapers to restore our lawn & most other neighbors. Communications Department delaying messages. Wayne Houle. Per Jeff Frahm, City of Edina declined our request to fix the damaged and unsafe drain catch basin /road curber area at Scotia - Gleason Road corner of our house. This issue has already caused damage to our new driveway. We are worried about further damages to the driveway and /or potential damages and accidents to vehicles. When the neighborhood roadway reconstruction was ongoing, it was the best timing to get this problem fixed. We don't understand why City of Edina is okay to make new drain catch basin and road curber on Gleason Road for the house on Tupa Drive - Gleason Road corner, but NOT to fix the damaged drain catch basin and road curber on Scotia - Gleason Road corner. We are very disappointed about differential treatments and discriminations in this neighborhood roadway reconstruction project. Restoration of landscaping was biggest failure. Shrubs were not replaced to the same degree as discussed, and although emails were sent seeking corrections, return communications insisted the work had been corrected. This is not the case. Mulch was accepted as a replacement for rock previously in place, however the minimal depth of mulch was less than should be expected. This was a benefit to the contractor at the expense of myself and ultimately the neighborhood. Overall I am disappointed in this aspect of the work. The multitude of damages to our sprinkler system. As well as, the grass reseeding and leveling. Our yard was a disaster and we were forced to incur personal costs to have it fixed. We would also like to mention the fact that when the team cut the expansion joints in the pavement, they left ugly marks that permanently have stained the surface and appearance. see above. Also, sometimes I felt that there was poor scheduling. They came and installed new cisterns for rainwater including in my yard. Then would leave piles of dirt just upstream. It would rain and all the dirt would go into the cistern and they wouldn't drain and had to be dug out. Seems there was little communication between groups. When they cut the expansion lines into the street, the machinery left deep, light brown marks on all the pavement, marring the appearance of the new street. Answer Choices Yes No Total 2013 Street Reconstruction Survey BRAEMAR HILLS B Q12 Did the final result of the project meet your expectations? Answered: 10 Skipped: 142 100% 80% 60% 40% 20% 0% Yes No Responses 40.00% 60.00% COMMENTS: The contractor did not do a very good job. the road is not smooth as expected. My front lawn looks horrible.... it is uneven, bumpy and has noticeable depressions. Yes - and no. THe street project itself and the appearance of the street is fine - looks great, but the repair to property is currently not completely acceptable. The roads are fine. My lawn and sprinkler system still require repair. Yes, but with the exception of the landscaping noted above. Except for the issues that we have noted in our previous comments. See above. 10 2013 Street Reconstruction Survey BRAEMAR HILLS B Q13 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? COMMENTS: This project went on too long. The contractor would disappear for days from all 3 areas of this reconstruction. They did not water the grass that they destroyed nor did they replace it properly. It's too expensive. The workers were sometimes disrespectful to neighbors leaving garbage in yards, blocking driveways without need or warning; it's too expensive. the city should find a way to cover the majority of the costs of these road reconstructions. See above re cutting utility lines. Don't use the seed instead of the sod. The subcontractors you use need to be in better sync with the project and must take responsibility for their errors and not wait for the property owners to file a complaint before the errors are rectified. 1) The City must see that properties damaged during construction projects are restored to their pre- construction condition. 2) The City should keep the neighborhoods apprised of issues they are having with any utility that services'the affected neighborhood. In our neighborhood, Xcel refused the City's request to replace its service even though - -at over 40 years old - -it is antiquated and long past its expected 30 -year service life. If the City discloses this type of issue to the public timely, we can joined together to make targeted efforts to change their minds. As it was, our neighborhood did not discover Xcel's position until May, when it proved too late to successfully do anything about it. We send several emails to Jeff Frahm about this issue, but he did not call or meet with us to discuss our concern. The Edina city team should have better oversight of subcontractors. Instead of being in damage control mode, the team could irsee the subcontractors better to prevent issues from arising. One thing that struck our attention was when we were told by a .,contractor that it was better for them to not take the time to look for wires or underground lines and' just damage them. If the home owner finds the damage, then they would fix it. If this statement is true, all the initial markings, mean nothing to contractors. Obviously, the contractors care more about finishing the project then respecting the home owners property. How about an Open House at the end to address issues -- similar to a punch list during the final phases of constructing a home? 2013 Street Reconstruction Survey GLEASON CIRCLE Q2 How effective was the communication you received prior to construction? Answered:3 Skipped: 141- 100% 80% 60°% 40% 20% 0% City Meetings Mailed Correspondence City of Edina Website Very effective , Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Total 3 3 Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 0.00°% 0.00°% 0.00°% 0.00% 0.00°% 100.00°% 0 0 o 0 3 Mailed 33.33% 33.33°% 0.00°% 33.33% 0.00°% 0.00°% Correspondence 1 1 0 1 0 0 City of Edina 0.00°% 0.00°% 0.00°% 33.33% 0.00°% 66.67% Website 0 0 1 0 2 Total 3 3 2013 Street Reconstruction Survey GLEASON CIRCLE Q3 How effective was the communication you received during construction? Answered:3 Skipped: 149 100% 80% 60% 40% 20% 0% City Meetings Mailed Weekly Email Monthly City of Correspondent Updates Mailed Edina Website e Updates Very effective M Somewhat effective Af Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Total 2 2 2 3 2 Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 0.00% 0.00% 0.00% 0.00% 0.00% 100.00% 0 0 0 0 0 2 Mailed 0.00% 50.00% 0.00% 0.00% 50.00% 0.00% Correspondence 0 0 Weekly Email 50.00% 0.00% 50.00% 0.00% 0.00% 0.00% Updates 0 1 0 0 0 Monthly Mailed 66.67% 0.00% 0.00% 0.00% 0.00% 33.33% Updates 0 0 0 1 City of Edina 0.00% 0.00% 0.00% 0.00% 50.00% 50.00% Website 0 0 0 i 1 Total 2 2 2 3 2 100% 80% 60% 40% 20% 0% Answer Choices Yes No Total 2013 Street Reconstruction Survey GLEASON CIRCLE Q The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Answered:3 Skipped: 149 Yes No Responses 66.67% 33.33% 3 100% 80% 60% 40% 20% 0% Answer Choices Yes No I did not attend the Open House. Total 2013 Street Reconstruction Survey GLEASON CIRCLE Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Yes No I did not attend the Open House. Responses 0.00% m 0.00% 1 100.00% 3 3 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey GLEASON CIRCLE Construction Phase Answered:3 Skipped: 149 How effective was the project team in working to minimize your level of inconvenience during the project? Very effective 0 Somewhat effective 0 Neither effective nor ineffective Somewhat ineffective 0 Not at all effective How effective was the project team in working to minimize your level of inconvenience during the project? Very Somewhat Neither effective Somewhat Not at all effective effective nor ineffective ineffective effective 66.67% 0.00% 0.00°% 33.33% 0.00% 7 0 0 1 0 Total 3 2013 Street Reconstruction Survey GLEASON CIRCLE Q7 During construction, did you know the name of your City representative? Answered:3 Skipped: 149 100° 80% 60% 40% 20% 0% Yes No Answer Choices Responses Yes 66.67% No 33.33% Total COMMENTS: Jeff? Jeff Frahm 7 3 100% 80% 60% 40% 20% 0% Answer Choices Yes No Total 2013 Street Reconstruction Survey GLEASON CIRCLE During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered:3 Skipped: 14!) Yes Responses 66.67% 33.33% No 0 3 100% 80% 60% 40% 20% 0% Answer Choices Yes No Total 2013 Street Reconstruction Survey GLEASON CIRCLE During any phase of the project, did you experience any conflicts in dealing with the project? Answered:2 Skipped: 150 Yes Responses 50.00% 50.00% No 2 2013 Street Reconstruction Survey GLEASON CIRCLE Q10 What aspects of the project process met your expectations and why? Answered:0 Skipped: 152 2013 Street Reconstruction Survey GLEASON CIRCLE Q11 What aspects of the process did not meet your expectations and why? Answered:1 Skipped: 151 COMMENTS: The long protracted time of the project. 100% 80% 60% 40% 20% 0°% 2013 Street Reconstruction Survey GLEASON CIRCLE Q12 Did the final result of the project meet your expectations? Answered:3 Skipped: 149 Yes No Answer Choices Responses Yes 33.33% No 66.67% Total 3 COMMENTS: The "hydroseed" for grass was near useless. I expected sod and was very disappointed. I will probably need to pay for my own sod later. Questionable quality in asphalt work in a few areas 2013 Street Reconstruction Survey GLEASON CIRCLE Ql 3 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? Answered:0 Skipped: 152 2013 Street Reconstruction Survey LAKE EDINA How effective was the communication you received prior to construction? Answered: 56 Skipped: 9t; 100% 80% 60% 40% 20% 0% City Meetings Mailed Correspondence City of Edina Website Very effective = ii Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project COMMENTS: It was difficult to know how the construction would proceed, given the overlap in dates received Aaron Kuznia was absolutely the best. Very professional and did an outstanding job communicating with the residents. Total 3 56 53 The city of Edina seems to think it is okay to approach every project as if it is a foregone conclusion of "yes "; and when the neighborhood does not seem to agree with the city's perspective, the neighborhood's issue(s) are either disregarded or maligned. This is disconcerting to taxpayers; and it does not instill faith in the city leaders. Assume you mean meeting over at the Public Works building. Didn't check the website but regular a -mails from Mr. Kuznia were very helpful Helpful, but too much reliance on city meetings, not enough on mailed correspondence. City website not a good one. I attended one communication prior to the construction which provided a good overview of the work. I thought people were poorly informed or misinformed about sidewalks. Now that we and our dogs and kids are walking on filthy -,etroleum- and -salt- saturated slush and snow, and tracking it into our houses, it's a pity we don't have sidewalks. Meetings were scheduled at times when I could not attend. It would have been helpful to have some Saturday options or the ability to listen in via speaker phone or web cast. Also, a simple video could have been prepared /posted on the city web site or even watched on local cable access tv channels. Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 22.64% 28.30% 22.64% 9.43% 0.00% 16.98% Mailed 48.21% 35.71% 7.14% 7.14% 0.00% 1.79% Correspondence 27 20 1 1 0 1 City of Edina 26.42% 37.74% 13.21% 7.55% 5.66% 9.43% Website 14 20 7 4 3 5 COMMENTS: It was difficult to know how the construction would proceed, given the overlap in dates received Aaron Kuznia was absolutely the best. Very professional and did an outstanding job communicating with the residents. Total 3 56 53 The city of Edina seems to think it is okay to approach every project as if it is a foregone conclusion of "yes "; and when the neighborhood does not seem to agree with the city's perspective, the neighborhood's issue(s) are either disregarded or maligned. This is disconcerting to taxpayers; and it does not instill faith in the city leaders. Assume you mean meeting over at the Public Works building. Didn't check the website but regular a -mails from Mr. Kuznia were very helpful Helpful, but too much reliance on city meetings, not enough on mailed correspondence. City website not a good one. I attended one communication prior to the construction which provided a good overview of the work. I thought people were poorly informed or misinformed about sidewalks. Now that we and our dogs and kids are walking on filthy -,etroleum- and -salt- saturated slush and snow, and tracking it into our houses, it's a pity we don't have sidewalks. Meetings were scheduled at times when I could not attend. It would have been helpful to have some Saturday options or the ability to listen in via speaker phone or web cast. Also, a simple video could have been prepared /posted on the city web site or even watched on local cable access tv channels. 2013 Street Reconstruction Survey LAKE EDINA How effective was the communication you received during construction? Answered: 55 Skipped: 9, 100% 80% 60% 4 40% 20% 0% City Meetings Mailed Weekly Email Monthly City of Correspondenc Updates Mailed Edina Website e Updates Very effective a Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project COMMENTS: See next page. Total 50 54 52 50 50 Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 14.00% 16.00% 44.00% 4.00% 6.00% 16.00% 1 8 21 2 3 8 Mailed 37.04% 46.30% 7.41% 1.85% 5.56% 1.85% Correspondence 20 25 4 1 3 1 Weekly Email 63.46% 21.15% 7.69% 3.85% 3.85% 0.00% Updates 33 11 4 2 2 0 Monthly Mailed 26.00% 42.00% 18.00% 4.00% 6.00% 4.00% Updates 13 21 9 2 3 2 City of Edina 20.00% 36.00% 20.00% 4.00% 10.00% 10.00% Website 10 18 10 2 5 5 COMMENTS: See next page. Total 50 54 52 50 50 COMMENTS: The best information came from the project coordinator, Aaron, who spent a good deal of time in our neighborhood discussing the progress of the construction with us. What is the point of the updates / homeowner action items when the City does NOT use / implement these items ? ? ?? The City of Edina website was not easy to navigate for everyone; and I found myself being asked to help some of my . neighbors to figure it out; and then suggested they call the city and request updates in the mail instead. Same notices went out week after week. Work listed in updates rarely corresponded with updates. We were told for weeks that they would be shutting water off. We were not notified prior to the day they did. Care of hydroseed was miscommunicated. All notices stated that the contractor was responsible for water, weeding and mowing -- this did not occur. We would be told to expect a certain type of work and often it started prior to that, so we were not prepared or it was 3 weeks later In most cases it was not weather related Mailed updates were mostly a form letter Need to better communicate day to day changes, traffic control, ie road closed signs, we're never updated during construction so you never really knew what was going on - need more effective day to day vommunication City website is very poor for all needs ... not user friendly. I relied on email correcspondence I appreciate the hard work that went into the notices to us 100% 80°% 60% 40% 20% 0% 2013 Street Reconstruction Survey LAKE EDINA Q -, The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Answered: 54 Skipped: 98 Yes Answer Choices Responses Yes 50.00% No 50.00% Total COMMENTS: See next page. No 54 COMMENTS: We were not given the numbers stated in this question. Initial estimates were nearly twice as high in the beginning as they appear to be now, i.e. 12,000 vs 7,000. We have not received final billing yet, as that is not due till later this year. it was not clear at the beginning when the bill would need to be paid. If the cost will be on the low side of the projection. Good weather and road bed conditions were mentioned during construction as reason to expect a lower cost. I expect that to come out in the final accessed cost. I heard conflicting reports as to the cost per property Estimate was quite wide ranging. More specific estimates as to potential cost should be availabe in this day /age. Not really clear; just that it was going to be expensive; and since our neighborhood did not want sidewalks or new lights, ,it was clear that our assessment was going to be large. They did not continue I do not remember any explanations. We found out from workers how much money the city was paying for gutter /drain tiling piping and they thought it was a waste of money and we could have had curbs instead plus our yards were overly destroyed to accommodate this part of the project. not definite until Sept. 2014 Maybe, Estiamtes are by nature hard to be specific on. Still don't know what I'm paying for Still unsure how much I owe... We understand what our individual Special Assessment is, but never saw the total project cost, the competitive bid process used to select the contractor(s), and the line item bids for each portion of the job. It was poorly communicated as to what and how the average homeowner would have to pay for it. I was never sure when I would be "billed ". Even at this date, I do not know the amount that will be charged I really don't remember an explanation of our likely cost. There probably was an overall project cost but without knowing how many houses and the calculation method, I don't understand what my cost will likely be. 2013 Street Reconstruction Survey LAKE EDINA Cat. Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Answered: 55 Skipped: 97 100% 80% 60% 40% 20% MWI 0% Yes No I did not attend the Open House. Answer Choices Yes No I did not attend the Open House. Total COMMENTS: See next page. Responses 30.91% im 10.91% 6 58.18% 32 55 COMMENTS: Good overview of the entire project. there were too many answers that were not concrete. also there were multiple groups present for the different projects so not everything applied to me. didn't fit my schedule I have lived in Edina my whole life (with the exception of the 7 years during which I was in college and law school; and the 2 years as newlyweds just outside of Edina prior to purchasing our home in Edina.. I have lived in the Lake Edina neighborhood since 2001); and the roads are allowed to break down and are not properly maintained to begin with; and my impression of Open Houses and city council meetings is based on my experience: it always seems that the city already has its mind set as to what is going to be done; and how it is going to be done; and the public input process is just procedural, and therefore a waste of time for the citizens; and also results in frustration for the citizens. Our neighborhood, in particular, has been subjected to the 70th Street "discussions ", the bike path "discussions ", the reconstruction of the roads "discussions ", and the Fred Richards "discussions ". Each and every time, the city has its mind firmly in one direction and does not seem to want input from the citizens; and when neighbors have raised concerns, the answer is the same: "we respectfully disagree with you " - -and then the project goes through, and the neighborhood is forced to live with the consequences "for the over -all good of the city". This has citizens upset and frustrated; and the city should really look at this when they decide on projects in general. I was out of town unable to make the meeting due to work conflict but we were in Florida from Oct -May. may have missed some I was able to attend only one session, but was pleased to receive notes regarding significant project dynamics. City Halls mind is already made up even before the open house meeting! Only the snooty seem to attend ... they are not geared toward average homeowners. This was helpful Unfortunately I was traveling for one of the open houses. See comments above regarding meeting schedule. It would have been great to have other ways to attend /watch the meeting. 2013 Street Reconstruction Survey LAKE EDINA Construction Phase Answered: 53 Skipped: 99 100% 80% 60% 40% 20% M- 0% How effective was the project team in working to minimize your level of inconvenience during the project? Very effective 0 Somewhat effective 4d Neither effective nor ineffective Somewhat ineffective 0 Not at all effective How effective was the project team in working to minimize your level of inconvenience during the project? COMMENTS: See next page. Very Somewhat Neither effective Somewhat Not at all effective effective nor ineffective ineffective effective 45.28% 26.42% 5.66% 11.32% 11.32% 7 14 3 6 ft Total 5? COMMENTS: We were notified of major events. The smaller stuff, like water shutoffs caused more difficulty as we had a number of plumbing difficulties, such as replacing faucets, after the water was turned back on Did not care about flagged irrigation systems. Ripped up almost entire neighborhood sprinklers next to road. Poor communication!! Lack of adequate advance notice. And what notice / homeowner actions items that we were to use were NOT followed. More than once, the date and time we were given came to pass for some unknown reason; and the (non- weather - related disruption) unnecessary disruption was hard on families, whether the delay was reasonable or not. Also, we have a fire hydrant at the end of our driveway; so our disruption was long and dirty. Phase 1 lasted till end Aaron Kuznia was always very responsive to the concerns we raised All were very nice and said the right things, but the timing of major work, was way off the mark and notices would be delivered on Thursday night or Friday for a street closing on Monday This is summer in Minnesota..... many, many residents are on vacation and they leave Thursday night. Most of my neighbors were caught off guard for these .... Very unfortunate. Notices could be delivered by Wed. and avoid much of that frustration. The construction guys often acted like we were an inconvenience, while trying to get out of the neighborhood. Project took way too long reative to communication and expectations It helped to know when our water /gas would be shut off so we could plan and also to know when we would have access to our driveways disrupted Wonderful effort, but signage was often left in place while construction had moved on. other than signs left in yards reg. parking, we woke up daily not knowing what piece of equipment would be left on our lawn or drilling so loud to shake our home!!! Contractor did not care about residents, only there work, they need to realize they are impacting our lives - contract should have performance incentives based on # of complaints - both good and bad Way too much work on tearing up same area multiple times, sometimes the very next day, then reworking the same exact spot over and over again ... this was absurd to see. Tore up my driveway apron with no advance notice (as was promised) so I came home and could not get into my driveway. The water spray trucks, used to reduce dust and dirt, took great glee spraying cars rather than stopping spraying when a car needed to move the other way on the street. Saw this happen many times, twice to me. Still do not see why it took all year from spring thru summer to do this work ... I know it was a lot of work ... but a full year's worth? I don't see it. Also ... why was it necessary to tear up a good 6' of everyone's lawn? To what point? My one 20' Norway pine was very damaged (root damage resulting in thinning of tree) when the new hydrant was put in ... very sloppy work. Why also did they have to drive trucks over my yard ?? I just do not understand the sequencing - things were torn up, restored, torn up again, restored again, re- curbed, etc. I appreciate that you can't have crews tripping over each other but I didn't get the long breaks between contractors. We took out plants and flowers (nice rosebushes we've been cultivating for years) after directly talking to one of the work crews and left others, whcih they said were OK. Then months later, another crew ripped out the remaining bushes, with no warning to us or attempt to save them. 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey LAKE EDINA Q7 During construction, did you know the name of your City representative? Answered:55 Skipped:9( Yes No Answer Choices Responses Yes 76.36% No 23.64% Total COMMENTS: Aaron Aaron Aaron Kuznia Aaron Kuznia Aaron Kuznia Aaron I cannot remember off the top of my head; however, whenever I called him, he was helpful and pleasant to deal with. Aaron Kuznia Aaron Aaron Kuznia Aaron Aarom ? Chad Milner Yes, if I looked it up on correspondence. Aaron Kuznia Aron Aaron Kuznia Kuznia Aaron Name was on email correspondence, though do not recall from name from memory Aaron Kuznia I do not remember now.... Aaron of engineering Aaron I don't recall, but I spoke with him a few times. Aaron Jo not recall Aaron Kuznia Aaron kuznia aaron k Aaron 13 55 Answer Choices Yes No Total COMMENTS: Most of the time 2013 Street Reconstruction Survey LAKE EDINA During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered: 55 Skipped: 97 100% 80% 60% 40% 20% 0% Yes No Responses 90.91% 50 9.09% 5 55 One time i was out of town for 3 days to come home at 6pm, Friday, to find my road closed, road torn up. I had to park my car and boat at CPC in order to get clear of all the dust, dirt and truck traffic. Got access about 8pm that night. See above comments. See comments for #6 Some notifications assumed a notice would be found on the front door, but I think most residents were looking for notices simply because of the construction dynamics. Palda did a great job. Michels did a very poor job. yes for water shutoffs, no for driveway in accessibility Enough notice, but not enough accuracy. See comments above related to driveway access. Good job on replacing gas meters and lines ... very quick, efficient, and I still don't know how the team did the new gas lines without disrupting my lawn. 2013 Street Reconstruction Survey LAKE EDINA During any phase of the project, did you experience any conflicts in dealing with the project? Answered: 54 Skipped: 98 100% 80% 60% 40% 20% 0% Yes Answer Choices Yes No Total COMMENTS: See next page. Responses 50.00% 50.00% No '?7 54 "OMMENTS: sidewalk totally blocked for a weekend Hydro seeding contractor rarely watered the patches. Sprinkler issues once contractor said my street would be closed and it wasn't, then another time the other way around. The Gas line replacement and gas shutoff was not well communicated. little notice. And they had trouble getting gas to flow. A plug was left in pipe by my meter. I have already sent my issues to Aaron during the project. Toward the end, when they were putting down the final coating, as I came down West Shore Drive to Hibiscus Avenue, I was unsure how long the coating had been down, and whether I could proceed across Hibiscus to get home without damaging my vehicle. I stopped and asked 2 of the male workers, and they were very Unhelpful, and told me to drive down the very road I was questioning to find the City of Edina representative. Obviously, this did not help me to know whether I would be damaging my car. I ended up turning around and came back after 5pm. Did not level ground Miscommunication of lawn care. How lawn care was handled. One morning a front end loader appeared in our yard and tore up a good portion of it while removing a section of our neighbor' driveway, after the initial curb installation. We might have been calm about it had we been informed about it earlier. The front end loader operator was a total jerk. (this observation was consistent over several encounters.) Additionally, we felt the yard disruption due to sump pump line installation was excessive, and that portion of the project for us seemed to be pretty much of a boondoggle. During the whole project, fully one third of our front yard was torn up. Storage of construction equipment and tear out materials on the Phlox & Kellogg circles made use of those areas by neighboring kids dangerous. When all the streets are torn up and you are in Phase 2 you don't expect to have construction piles, 10 feet high from the start of the project to the very end.. In the case of Phlox LANE, IT WAS THE END OF APRIL THROUGH OCTOBER. NO REAL REASON FOR THAT. We had issues with plumbing after the water was turned off. We needed two new faucets. The plumber told us that the faucets should be turned on in a specific order after the water has been turned off and back on. We were not told this by the city. The largest front loaders going back and forth down our street (Hibiscus) caused our whole house to shake significantly and we have sustained cracks in our floors and siding which we will be contacting the city about! Also the grass seeding process made our yards rock hard and our lawns are significantly worse than before the project started so more lawn repair will need to take place. Minor issue with the city- contracted sprinkler service (Dave ?). He was quite simply a jerk. His work appears to have been technically sound (hard to tell if leaks exist), but he was bull headed and in one case in my yard, wrong. If I had not been assertive, my sprinkler repair would not have gone well. I will acknowledge that he seems to have done good work, but he made the process quite difficult. One day when we were to have moved our cars because the they were taking down the grade, I had to leave unexpectedly and had not moved my car. The crew installed a dirt ramp for me to be able to get out of my driveway. Fantastic service that was greatly appreciated! lawn /irrigation reapirs. totally inadequate! Poor behavior from contractor, city and contractor need to better plan work phases to limit costs, work in front of my residence required multiple mobilization a of same equipment with no need if the work had been planned, utility work should occur efore reclamation, this way residents can have actual roadways to drive on. SWPPP management was none existant - not sure how city did not receive any fines - filter bag at CB near my house was never cleaned, why was there no clean up of sediment that entered lake edina? I experienced a very rude grass spray technitian who called me an Asshole and told me I could do it myself. Crabby neighbors on other side of street (non- construction) complained when we had to park once overnight bear their house because we were unable to access our driveway. Would have liked the city to post signs on all nearby streets allowing overnight parking there for the 1 or 2 nights when we couldn't get to our own houses. just minor During the extended period prior to the final surface coat of asphalt being placed, the lip between the curb and the initial asphalt layer was detrimental in causing a flat tire on my vehicle. Not sure what you mean "conflicts ". Our yard was progressively, increasingly disturbed. At one point heavy equipment was in our driveway. I am not overly bothered, but I was surprised to see this after assurances this would not occur. We had a 4 -inch hold -down at our driveway lip that threatened to dent our car wheels for a month or so. We could have used some gravel to ameliorate 2013 Street Reconstruction Survey LAKE EDINA Q9 0 What aspects of the project process met your expectations and why? Answered: 40 Skipped: 112 COMMENTS: The streets, curbing, and driveways make the neighborhood look nearly new again. I hope we don't have to go through the experience for another 50 years. the test will be this spring when the winter melting happens to know if the improved water draining was fixed. I assume it will be an improvement. The project was well organized and the city and (for the most part) contractors worked well as a team. I give the city employees credit for pulling that off throughout the project. Responsiveness of city Well, i guess that i got done in one, long, summer. All but cost estimates and apron replacement. The road needed to be replaced, and it was replaced. All aspects. Everyone was very efficient Communication from city via.email as well as Aaron Kuznia was exceptional. I never thought you would do that good of a job in communicating. None Generally, my expectations were met, because I have many friends and family members in Edina that have had this project done on their streets. I was pleased to have the whole project completed on time. It is a severe disruption and very messy. Timely completion with minimal inconvenience None - expected more Notifications were timely. Workers were friendly and helpful if questioned Able to get in and out of neighborhood during the process. Dog fence repaired quickly. It finally got finished. WORKMEN WERE ALL VERY NICE. Started on time. None Project Manager prompt response to calls and he was very knowlegeable . We appreciated knowing ahead of time when we would have access to our street and water we left town before completion The final result seems good - thanks.City employees and contractors (less sprinkler issue) were very approachable; if I ever had a question, I'd ask... the responses were always "invited" and considerate. ;tart to finish times were fairly accurate. COMMENTS cont'd: Work was completed in a timely matter Overall the project seemed to be on time and work was done on the days it was scheduled. Aaron was very open to questions and timely in his responses. The seeding took better than I expected, but some additional work may be needed in the spring. Mr Kuznia and contractor's employees were vey approachable and responsive. Mr Kuznia returned calls and responded to e- mails. Nice finished product. I was happy with the spray grass value, despite others wanting sod. Construction personnel were VERY polite and accommodating. Work was done in a timely manner with very minimal inconveniences to residents. Communication was exceptional! r- 1 was especially impressed with the way Aaron Kuznia handled any concerns and questions. He would always answer any phone calls or call back quickly. He was great in addressing issues and remedy any problems. It all seemed to go as expected. I think it went faster than anticipated. Quality of the finished product was excellent The email updates were effective along with the flyers in the door. Gas meter and gas line replacement was super slick .... fast, efficient, no tearing up of the lawn and done right the first time. They even came in to check / reset gas pilots ... an excellent touch. Timeline. Communication. Both were good. great crew Good weekly a -mails like the new blacktop. Got rid of a big hump in the road. Communication was very good 2013 Street Reconstruction Survey LAKE EDINA Q11 What aspects of the process did not meet your expectations and why? Answered: 38 Skipped: 114 COMMENTS: Plumbing difficulties, pipe and faucet damage. While the city did pay for some of the issues, I was surprised that we were not warned of the plumbing difficulties that could occur. This is, after all, not the first project of this type that the city has taken on. length of completion longer than we anticipated I find it hard to believe that the cost projections could not be better pinpointed before the project and that we have to wait so long to know the exact bill. The hydro seeding maintenance (weeding and watering) was not up to par with the rest of the project. Lack of back up plan when I was out on vacation: ie getting into restart gas fired items. Not more that one day notice of streets torn up /closed. Driveway apron replacement. Should replace all of them. Ours is 50 yds. Old and will need replacing soon in any case. Reseeding the front yard could have been better. However a storm washed most of the seeds down the drain. It concerns me that staff believe hydro seeding went well based on the youtube channel video Late October 2013. The hydro seeding process is not effective and produces serious weeds, and areas that did not grow. We watered daily. Overall, most crews were very courteous and respected our neighborhood. However, two things... The lady that drove the front end loader was a real piece of work. Very rude and drove way too fast. I complained more than once. And second, the crews that did the curbs thought that their garbage could be thrown away behind the new curbs. Again, I complained to management. The rest of the crews were great. But I am telling you, get those people to slow down on the streets with the heavy equipment. !o need to drive 30+ MPH in a front end loader. Need to rethink how the best practices for the scope of work (hydroseed is really really dumb.... my neighbors lawns look terrible) and how this work will actually be performed (no need to destroy everyone's irrigation systems in the midst of the hottest part of the Summer.... dumb dumb dumb!!) See comments at number 9, above. n/a Timeline My expectations were met This project began in April and was complete in October. Neighborhood lawns are a mess of weeds. See #9. Also, it was determined that a segment of our driveway needed to be replaced due to water run -off issues after the curb was put down. The asphalt company used heavy equipment to lay down new asphalt, and in the process, cracked a new section of curb which will require replacement in the spring. It would have been great to know that the entire area was torn up during all 3 phases. That was never explained Worst summer of my life We were in the third phase and did not have any idea what a mess it would be all summer in our yard and street. ,o - grass replacement was very dissappointing and not acceptable damaging house shaking and subpar lawn repair. Too much damage and creates stress as to how we will go about seeking restitution. COMMENTS Cont'd: Costs, final landscaping, communications didn't understand why new curbs weren't installed instead vs. replacing some and not others. Hydro seeding did not work, my yard needs regrading at hydro seeded areas who is going to do this? My yard should be treated as if it is workers yard, why were we not given option of sod? Sprinkler repair guy sucked, I ended up paying my person to fix system Took way too long. Lots of time between steps due (presumably) to batch processing by low bidder. I wish we would have gotten new streetlights throughout, and a sidewalk along W Shore Dr. wish we had lights. The reseeding was not handled well -they caked on the green stuff so nothing could grow. I ended up removing everything and reseeding it myself. I was not very pleased with the lawn repair aspect. The soil used to repair the area was very poor quality (Yet they used black dirt to seed an area near the bike path nearby that was a poor use of those resources) . The grass was supposed to be watered and weeded, no weeding took place and the water truck was hardly around. The dust and dirt generated... especially by the street sweeper toward the end of the project. They didn't use any water to hold dust down! Dust collected on our house, windows, cars, etc. It would have been helpful for the water trucks to wet the street more often when the front -end loader kept driving back/forth at high speed. We had to pay to have our furnace, ducts, windows cleaned after the project completion. The budget should have included filters on each home's fresh air intake, along with window cleaning at project completion. Also, the topsoil used to replace dirt/grass where they dug is full of rocks. The hydroseed is TBD. It took longer than I expected I thought it was an unfortunate means in which the city determined whether or not to include streetlighting in the project. It looks from the surveys received that essentially a single person voting "no" resulted in the lack of streetlighting, since it was 59 in favor and 60 opposed. The city needs additional means for evaluating this. Had the Vote gone the other way would the city have included lighting? Most of the rest. Took way too long to finish. Too much tearing up and filling in streets only to have the same thing done the next day ... or next several days. Incomplete communication ... but good response when I did communicate. I am disappointed /surprised at the selection of curbs / aprons to be saved. As a result, the finished product is random, and yet the costs are equally shared by the neighborhood. So for example, if my apron was not,replaced, but my neighbors was .... we pay the same? And some driveways had more than the apron repaired. None The sequencing. We just could not understand the length between contractors. The crew and workers were extremely rude and inconsiderate. duration was too long. roads tore up for months. not all the curbs replaced. Looks patched. 2013 Street Reconstruction Survey LAKE EDINA Q12 Did the final result of the project meet your expectations? 100% 80% s 60% 40% 20% 0% Answered: 53 Skipped: 99 Yes Answer Choices Responses Yes 71.70% No 28.30% Total COMMENTS: See next page. No 38 15 53 COMMENTS: . The neighborhood looks great. I hope that these streets, curbs, and driveways can last beyond a few years I wish they had changed out all the curbs, final result would have looked nicer with all new curbs. Often the equipment operators were "speeding ", going full speed up and down my street. Scarrie seeing them going backwards so fast, seemingly not looking the direction of travel. Kids and dogs on my street too. See #11. Staff has a complete disregard of the failure of the hydro seeding process. I believe the maintenance period goes through mid - April. With the Minnesota growing season, that is unresonable. We were told the failure was our responsibility, even though we watered daily. Only because I did some of the work myself at my cost!! I drive down Hibiscus Avenue every single day, multiple times, on the way to the service road for access to 70th Street; and the watermain that broke near Phlox and Monardo Lanes was upsetting, as is the bump that is now in the new road. I hope that the city will make sure that the road is FLAT and SMOOTH in that area. Except my grass Good job! Curbing work very random and sloppy. Appears water was still pooling on corners see #11. Inconsistent curb replacement and seeding that never took. Too expensive. Did not need the water run -off yard piping. Would rather have had new, uniform curbs in good repair rather than ugly patched mismatched concrete coloring up and down the blocks - -looks ugly we were not in town for the finial result It's really nice driving on the streets. roads yes. We will see what our lawn look like next spring to determine if the seeding worked. W. delays, a do not have a good idea due to the fall project finish Before the project started there was discussion about new street lights and a sidewalk. I never heard anything further and saw very few new street lights. My yard is worse than when the project started and still needs work. They did some cleanup along the sound wall on highway 100. The new paint was nice and they did some landscaping yet left other areas over grown. Why did they not clean up the whole area ? ?? I do not consider the project complete yet!! I still don't know what am paying for. Curb and sewer work was minimal so I feel I overpaid for a new paved street. The road at the,end of Aspasia Circle was dug up after the project and on repair the smooth transition across the intersection was lost. Not really a big deal but had to comment. Also heading south on Normandale Blvd, south of 70th the slope of the road on the second curve tends to throw cars into the curb when the road is slippery with snow or ice. Probably can't do much about this but for future repairs the contactors might want to be aware of this kind of potential problem. The lawn remains to be seen. Disappointing that only portions of the curbing was replaced, and only select driveway aprons. All curbs and aprons should have been replaced. Disappointed, however, that no streetlighting was added. It's a very, very dark neighborhood for walkers. It looks nice and is very smooth. I am happy, as a homeowner, to have good new infrastructure. Not sure what created a need for a new street (name) sign or a new street light, as the old ones seemed fine. But not a big issue. I am curious about the lines carved into the finished street every 30 -50 feet ... seems like the ideal place for water to pool and freeze and then create potholes! The surface is OK, but not a huge improvement for a fairly quiet road. Lack of (free) sidewalks is a huge disappointment. It was a real mess for the spring and summer - hard to ride bikes, dirty for walking or running, dog - walking, etc. We also prefer the concrete streets over the blacktop - blistering hot in the summer, degrades more in the winter. I just don't see much value for the money, especially without sidewalks. Then you have a water main break and don't fix it. Add in how poorly a job was done pouring the.final layer of blacktop. Some areas don't line up from one job to the next. The landscaping should be more substantial in the common areas and if you rip up someone's driveway, the city should pay for a new drive way completely so there is no patch marks or at a minimum have the entire driveway sealcoated for the resident. I was left with a worse looking driveway for sure after the project was complete then before it. . no 2013 Street Reconstruction Survey LAKE EDINA Q13 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? Answered: 29 Skipped: 123 ME weekly email updates were the best communication and very accurate and information. thanks for sending them. Communication during the work on street by street bases should be more in advance. esp with the partial day closures and late evening work. Till 7pm or later. Hydo seeding does not work. Like I said before, overall the crews did a real nice job. Aaron should be given a raise as he is an outstanding member of the City of Edina. And just remind those workers to slow down please in the neighborhoods. See above. These projects are very expensive to homeowners regardless of interest rates and time allowed for repayment; and the streets MUST be maintained better in order to avoid having to perform total overhauls as we just experienced. Also, in general, my interaction with the City of Edina employees was always positive and pleasant, and I really appreciated that. Thank you. n/a Adjust watering bill during We believe the City staff worked very hard to make this as smooth a process as possible. Most of the workers for the various subcontractors were courteous, but toward the final phases it seemed there was less communication all the way around, from the subcontractors to the City, and also back to the residents. Overall, it was a stressful process, and just completing this report recalls unpleasant memories. Finally, we feel that particularly in situations where lawn disruption is major, re- sodding should be a covered expense assuming that residents take responsibility for properly maintaining the sod. After all, this is Edina, and our property taxes aren't going down! Tear up an area and complete it, then go to the next. I have family in other area and they tear up, work, resurface and sod in a 2 week period, then move to the next street. I do not believe all of those other communities are totally wasteful and spend alot more money because of it.. Being torn up for 2 -3 weeks instead of 3 -6 months is a big difference ""Subcontractors near the end of the project, sweeping, watering, putting in grass seed, need much more supervision. I have experience in this type of property maintenance and truthfully, a child would have done abetter job by just using their limited common sense. The watering, washed away the seed due to the way it was applied or only hit the street, not the seeded area. Seed went into many areas with no notice and died out before residents returned home to water it. Signs were staked as to when it was applied, with no dates on them.. Result......... It has to be redone in many area. How effective is that? Seems a waste. People in the second and third phase need to be told that their yard will be dug up and a mess all summer, not just when they start to work on digging up the street. Have someone look at the pavement and make sure it was done well. Too many road repairs in this city came up short on quality product and installation and we end up losing money by having to prematurely replace. none No. after communication reg. equipment size, shaking of houses during project, closing up house due to continuous dust, not leaving huge concrete piles in street for long periods of time, Finish cleaning up along the sound wall COMMENTS Cont'd: More and better communication, field staff need to represent residents, not be friends of contractor I was very pleased with Aaron Kuznia. He was always willing to meet withe me and resolve issues. I do not hold him accountable for any of the negatives I ecperienced. These projects are neap swarm but strain our budget Aaron is to be highly commended for the job that he did. It has to be a very stressful situation trying to keep people happy and oversee the project of this dimension. I only hope that the final assessment will come under the estimate. I felt that the city should have picked up more of the tab . See above The city rep did a very good job and he was nice. Addressed primarily under #11. The survey should have come closer to the end of the project to take advantage of fresher memories and more accurate memories, but better to ask than not.Fix up the city's website ... trendy but not user friendly. Too bad there are no sidewalks on Normandale Blvd. It is a mess (dangerous) to walk to CPC church around that corner. Implement Complete Streets. We ought to be building for the people we want to attract, not necessarily exclusively following the whims of the people who are there now, who may have grown up in a different era. How am I going to sell my house to a millenial or a young family without sidewalks? Who wants to dodge giant SUVs when you're teaching your kids to ride a bike? The neighborhood has lost an opportunity to compete favorably with Minneapolis and otehr communities, which will be glad to house the next generation of families. We'll be dinosaurs living in 1970s car - centered bad urban design.lf the City wants to keep its tax base vibrant, it needs Complete Streets. Complete Streets principals haven't exactly been bad for Country Club and Morningside. city could have been more sympathic to my driveway concern. Very matter of fact and not helpful when we pay their salaries. 2013 Street Reconstruction Survey MENDELSSOHN A How effective was the communication you received prior to construction? Answered: 15 Skipped: 13, 100% 80% 60% 40% 20% 0% City Meetings Mailed Correspondence City of Edina Website Very effective j Somewhat effective Neither effective nor ineffective Somewhat ineffective E Not at all effective N/A I do not remember receiving any information prior to the start of the project Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any Total effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 57.14% 21.43% 7.14% 0.00% 7.14% 7.14% 8 3 1 U 1 1 14 Mailed 64.29% 28.57% 0.00% 7.14% 0.00% 0.00% Correspondence 9 4 0 1 0 0 14 City of Edina 33.33% 0.00% 25.00% 8.33% 8.33% 25.00% Website 4 n 3 t 1 3 17 COMMENTS: I am not impressed with the information on the website. It is very general and wasn't very easy to navigate to where the project was located. The mailed correspondence was the only mode of communication that provided me information. The only thing I was able to find were copies of the mailed correspondence. I still don't know where to find the cost of the project wish that it was easier to find comparable financial information of past projects. Why is our project so much more than previous projects? I'm very happy with the well thought out planning from the City of Edina.They kept us well informed and I know everyone appreciates their efforts. I moved into the area mid - project, so did not get a chance to participate in the full process. What I did see was excellent. EXTREMELY well communicated - every step of the way. 2013 Street Reconstruction Survey MENDELSSOHN A Q3 How effective was the communication you received during construction? Answered: 16 Skipped: 136 100% 80% 60% 40% 20% 0% City Meetings Mailed Weekly Email Monthly City of Correspondent Updates Mailed Edina Website e Updates Very effective a Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any Total effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 28.57% 14.29% 21.43% 0.00% 7.14% 28.57% 4 _ 0 1 14 Mailed 50.00% 37.50% 0.00% 6.25% 0.00% 6.25% Correspondence 8 6 0 1 0 1 16 Weekly Email 53.33% 20.00% 0.00% 6.67% 6.67% 13.33% Updates 8 3 0 1 1 2 15 Monthly Mailed 28.57% 28.57% 7.14% 7.14% 14.29% 14.29% Updates 4 4 1 1 2 2 14 City of Edina 7.69% 7.69% 23.08% 7.69% 15.38% 38.46% Website 3 1 2 5 13 COMMENTS: I didn't use the web site. I didn't need to. The city kept me well informed. I relied mostly on the weekly email updates - received those quicker than the mailed correspondence. Notices left in the door were extremely helpful. neighborhood meeting prior to the beginning of construction was very helpful. Didn't use the website, but the email and snail mail and letters on our door were great. 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey MENDELSSOHN A The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Answered: 16 Skipped: 136 Yes Answer Choices Responses Yes 68.75% No No 31.25% 1 Total 16 COMMENTS: I've heard 3 different amounts that the project is going to cost and I still have no clue what the cost is. I can't find this on the website and when I talked to the city engineer at the open house, he didn't even know. I believe so at the August 2012 meeting. For the most part, the cost was explained in estimated overall project cost or per unit. We were told 100% special assessment of the roadway cost and City owned utility repairs will be from utility funds as explained in Wayne Houle's letter to the Mayor and Council on December 11, 2012 1 don't remember hearing about the Utility fund being used Yes, though the numbers kept changing materially. Sort of. The process and timing was explained, as was an estimate of what the end individual cost might be. But that final number has not yet arrived, and as far as I know, there was explanation where all that money was going. 100% 80% 60% 40% 20% 0% Answer Choices Yes No I did not attend the Open House. Total 2013 Street Reconstruction Survey MENDELSSOHN A Q,, Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Answered: 16 Skipped: 13: Yes No I did not attend the Open House. Responses 68.75% 1fl 12.50% 1 18.75% 3 16 COMMENTS: it was somewhat beneficial. 2 things that were not beneficial: 1. the foreman said that they would finish the project very quickly and wouldn't take as long as some of the Hopkins road projects on the west side of Blake School. It ended up taking longer. 2. the engineer and city representative didn't even know what the cost of the project was nor did they know where to find the costs. The open house did answer some questions but most of the timeline given to us was not the way it actually happened.. 2013 Street Reconstruction Survey MENDELSSOHN A Q6 Construction Phase Answered: '16 Skipped: tai, 100% 80% 60% 40% 20% 0% 4 'W-" How effective was the project team in working to minimize your level of inconvenience during the project? Very effective 0 Somewhat effective 48 Neither effective nor ineffective Somewhat ineffective 0 Not at all effective Very Somewhat Neither effective Somewhat Not at all effective effective nor ineffective ineffective effective How effective was the project team in working to minimize 56.25% 25.00% 6.25% 6.25% 6.25% your level of inconvenience during the project? 9 a 1 1 1 Total COMMENTS: This was a long project. The team did as well as the could to minimize their impact. For the most the team was accommodating and courteous about their work. The workers and supervisors were professional when I had contact with them. I thought the team was GREAT! The pile of wastes were often just across from our driveway making it hard to back out. Incredibly conscientious and nice crews! 2013 Street Reconstruction Survey MENDELSSOHN A Q7 During construction, did you know the name of your City representative? Answered: 15 Skipped: 13, 100% 80% 60% 40% 20% 0% Yes No Answer Choices Yes No Total COMMENTS: Jeff Frahm Jeff Frahm Jeff Frahm I did but I can't remember the name. Jeff Frahme and Chad Milner Jeff Frahm I probably did, but am embarrassed to say I don't know at the moment. Responses 46.67% 53.33% 7 W 15 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey MENDELSSOHN A During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered:16 Skipped:lJo Yes No Answer Choices Responses Yes 87.50% No 12.50% Total 16 COMMENTS: I have heard from several neighbors on Belmore that they didn't receive some construction notifications but I do not know of any notices that I did not receive. Every notice was given by a piece of paper stuck in our front door or garage service door around 5 PM the day before. We had to reschedule 3 service calls we had planned days in advance. Some days both my wife and myself work until after 10 PM and not seeing the notices until 10:30 PM makes very difficult to make changes for next day. And coming home one evening to find a cut across my new asphalt driveway with no notice or explanation was extremely upsetting. Much of the time I was in and out of the city but always found any notices. Sometimes after the particular service was completed. Some times the downtime for driveway was much longer than we had been told and no workers were in the neighborhood. Large delays on Grove Place though. Some times and some times not. It was sort of wake up and see what's going on. We ended up parking on Holly St in Hopkins for a couple weeks. 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey MENDELSSOHN A '19 During any phase of the project, did you experience any conflicts in dealing with the project? Answered: '16 Skipped: 136 Yes No Answer Choices Responses Yes 37.50% No 62.50% Total COMMENTS: I don't believe the seeding process will work. I don't see how seeding and watering when the temperature drops to freezing levels will help our grass grow. I tried asking a few questions to the team but was shrugged off that everything will be fine. I don't feel that the team did a very good job finishing the asphalt layering. I saw them laying asphalt in the rain and the temperature was so cold that the asphalt was steaming. I can't imagine that will help the long term life of the street. 10 16 The cut across my new asphalt driveway which was 9 months and then finding out they were going to remove 15 feet of it with no prior notice. I came home and found the cut and the explanation that they would be removing and digging a hole there. Had I known that was going to happen I would have never put in the new driveway in 9 months earlier. My less than one year old drive is poorly patched and 2 tone. The City of Edina did a great job ruining my investment in a new driveway. toward the end of the project just before the new surface was applied we parked on the street in front of our house on a Sunday/ non -work day and received a parking ticket. The ticket was later forgiven thanks to the help of the project manager, Jeff Frahm which we very much appreciated. I have two curb cuts and the city wanted to eliminate one of them but I escalated and they let me keep both. Thanks. 1. Tools and equipment left in my yard. 2. Massive pile of dirt across the street from my driveway. It made getting in and out of my driveway difficult (not impossible) and was responsible for a lot of dirt getting on my property (via wind). 3. Removed a feature to my property. The crew installing the new gas meter was perturbed that I wanted a few minutes to think about where to put it. Secondly, I left a message months in advance about driveway apron and curb replacement possibly damaging a large tree on our property. No one responded until I held up the crew performing the actual work. Third, the guy who reinstalled our sprinkler system was not all that detailed oriented. My neighbor's sprinkler head is now on my side of the line, etc. Finally, I'm relatively sure the grass seed intended to repair disturbed areas was applied far too late in the season to take. 2013 Street Reconstruction Survey MENDELSSOHN A Q10 What aspects of the project process met your expectations and why? Answered: 10 Skipped: 142 COMMENTS: the team was accommodating and worked to minimize their impact. Not much. The only part that was better than expected was the workman on the project and their direct supervisors. They were very polite and helpful and did a good job of clean up. They were also very helpful making sure the residents could get in and out during the day. Since our area is all Cul de Sacs we only have one way out which makes that situation of in and out more difficult. My family has lived at this residence since 1959 and we have always been appreciative of the services provided by the city. We really didn't know what to expect as we had never experienced a road construction project on this magnitude before The street looks very nice. None. Workers were friendly and accommodating. The regular updates from the city were good. All 'Vs done! 2013 Street Reconstruction Survey MENDELSSOHN A Q11 What aspects of the process did not meet your expectations and why? Answered: 10 Skipped: 142 COMMENTS: If the grass doesn't grow in the spring, I would strongly recommend that the construction team comes back to re -seed. I will not pay extra money out of pocket.) feel that the project lasted longer than it was supposed to. I don't see how it should last from May until October. Almost all of it.lt took way to long from start to finish of this project (we won't know how our lawn will turn out until next summer). In my opinion, for the cost to each homeowner, it will not benefit in the value of the properties. Much of the curbs that were replaced would have been just fine for the next 25 years. The road, had the city bothered to maintain the last 10 years as they did the first 25 years I have lived in our home (patch & seal coat with gravel) would last, at least, another 10 years. What the city decided to replace might have lasted for many more years. I'm unaware of any instances of what was replaced breaking down in our neighborhood or any other in Edina. I learned something early in life:1 expect you to spend my money as wisely as you expect me to spend yours. The city of Edina failed miserably not only in our neighborhood but also in many others. Had the City paid for what they did out of a maintenance fund (I thought that what property taxes are for. Similar to the rules the state requires of townhouse and condo owners association) without assessing the home owners much less might have been done (when you are working with a defined budget good people will do only whats needed. It's not want you want. It's what you can afford. They all met my expectations. It started later than initially indicated and it seemed to last longer into the fall. It took longer that I thought that it would. 1. 1 (and many others) did not believe a "reconstruction" was necessary. 2. False promises were given. For example, during the meeting in June 2013 which took place on the corner of Belmore Lane and John Street, the Edina city employee stated his enthusiasm for the contractor and said the project would have a VERY HIGH probability of being completed by the beginning of September 2013. 3.. The project was VERY LATE. For example, the final top coat was installed on Friday October 25, 2013. Grove Place took a long time to tar the street. Also, project ran longer than planned and grass seed not put down until October and many freezes occurred right after it was put down. Concerned I'll have to reseed in the spring. For the most part, I found the communication pretty one -way. For example, at the Open House the information was good but the underlying message was clear: no individual property concerns will be addressed in this mtg. Uh, okay. So when and where can they be addressed? That's all most people care about: their yard. None. it was really slow... 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey MENDELSSOHN A Did the final result of the project meet your expectations? Answered: 16 Skipped: 136 Yes Answer Choices Responses Yes 81.25% No 18.75% Total COMMENTS: see reasons above. No 13 16 No. What ever the final assessment is going to be ($10,00 to $15,00), it will not benefit me or the sale value of my home to the tune anywhere close to the assessment. If anything, Edina has lowered the value of our home as a buyer will try to discount the asking price because of the assessment. I've got a 9 month old driveway that is patched and two toned. I've an incorrectly curved driveway apron. I've got a planted lawn that that I have no idea how it will turn out and that a city snow plow has torn part of it up. But I've got a new fire hydrants that can be shut off individually (I guess I have not heard that that is something so important that you replace perfectly working hydrants). Of course I haven't been billed yet.... I hope you are smiling now. The street looks great. But I have not received the bill yet either. So far, but we were the last to get asphalt and not really sure how it actually has turned out since we've hardly used it without snow. 2013 Street Reconstruction Survey MENDELSSOHN A Q13 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? Answered:8 Skipped: 144 COMMENTS: i would feel much more comfortable with the project if I could receive reasons for the high cost. What exactly are we getting for the cost of our project? I was unable to find reasons why some streets were 50 % -80% cheaper than other streets. I would also like to see if the city council had any affiliations whatsoever with the construction company chosen. How do we know of there are no conflicts of interest? If this information is all online, I would like an easier path to find it. Do a better job of getting the job done in a shorter time frame. There is no good reason that our project took from end of May to end of October. Do a better job of communicating all of the loss of access. A 12 hour notice is not sufficient (some people work evening and nights. Some people travel a living or pleasure so 12 hour notice do much good if they are of town the day you give notice and come home the next day. You also must realize that most residents need or have service calls or repair services and it gets pretty hard to schedule when you only get 12 hour notice. I scheduled a service call on a day when I was going to be out of town and the day he came he had to carry his tools from 2 blocks away. He would not come back to finish the job until the city finished the project. Just thank you for the great job. It is a pleasure to live in Edina. It was tough going to be without water for 3 separate times, and not being able to park in driveway at times but we are glad it's done and it looks nice. Hopefully it won't have to be repaired for a long time. The city and workers canot give the home owner too much information. I realize weather plays a large role and that the company . had a job somewhere else at the same tiime as they worked on our street. So some delays were due to an alternate worksite. Water the streets. In 1970 when the street was first installed, a water truck drove by every day spraying water to keep the dirt down. This did not occur during this 2013 reconstruction. Keep hiring the sale crews. They were great. no 2013 Street Reconstruction Survey NORMANDALE Q2 How effective was the communication you received prior to construction? Answered: 21 Skipped: 13' 100% 80% 60% 40% 3 20% 0% City Meetings Mailed Correspondence City of Edina Website Very effective A Somewhat effective Neither effective nor ineffective z Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Not at all Very Somewhat Neither effective Somewhat effective effective nor ineffective ineffective City Meetings 42.11% 31.58% 10.53% 5.26% 0 8 6 2 1 Mailed 57.14% 38.10% 0.00% 4.76% Correspondence 12 8 0 1 City of Edina 38.89% 27.78% 11.11% 5.56% Website S 2 1 Not at all N/A I do not remember receiving any Total effective information prior to the start of the project 5.26% 5.26% 1 1 19 0.00% 0.00% 0 0 21 5.56% 11.11% 2 18 COMMENTS: I do not have a computer. I did not attend meetings due to conflicts with my work scheduled. Neighbors informed. Do not have a computer. I appreciated getting information in more than one direction to make sure we got the items on our calendar in a timely manner. Subscribing to the email service was the most helpful. The talks with the city engineer on this project was more effective than any meetings. The scope and consequences of the project were not explained in the detail necessary for home owners to make informed decisions. Did not always receive advance notice as to what would be happening. 2013 Street Reconstruction Survey NORMANDALE How effective was the communication you received during construction? Answered: 21 Skipped: 131 100% 80% COMMENTS: Again, I do not have a computer, but I'm sure the emails were very informative. My neighbor told me about the info presented at the meetings. Do not have a computer. I just talked to the workmen in the neighborhood We particularly appreciated the project manager, Joe's willingness to answer any questions we had onsite as well. See response #2 60% 40% 20% t 0% City Meetings Mailed Weekly Email Monthly City of Correspondent Updates Mailed Edina Website e Updates Very effective Somewhat effective Neither effective nor ineffective fle Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any Total effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 38.89% 27.78% 16.67 %, 0.00% 11.11% 5.56% 7 5 3 0 2 1 18 Mailed 50.00% 30.00% 15.00% 0.00% 5.00% 0.00% Correspondence 10 6 3 0 1 0 20 Weekly Email 52.63% 21.05% 5.26% 0.00% 5.26% 15.79% Updates 10 4 1 0 1 3 19 Monthly Mailed 44.44% 22.22% 16.67% 0.00% 5.56% 11.11% Updates 8 4 3 0 1 2 18 City of Edina 22.22% 50.00% 11.11% 0.00% 5.56% 11.11% Website 4 9 2 0 1 2 18 COMMENTS: Again, I do not have a computer, but I'm sure the emails were very informative. My neighbor told me about the info presented at the meetings. Do not have a computer. I just talked to the workmen in the neighborhood We particularly appreciated the project manager, Joe's willingness to answer any questions we had onsite as well. See response #2 100% 809/6 60% 40% 20% 0% 2013 Street Reconstruction Survey NORMANDALE Q, The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Answered: 19 Skipped: 133 Yes No Answer Choices Responses Yes 63.16% No 36.84% Total COMMENTS: It seemed that we got different amounts that it would cost us,. Missed this info because I did not go to meetings and have no email address. Received not much info by letter. This is all relative to how well u can understand the specific jargon I don't particularly remember that, but I felt the presenters were very thorough in their discussions with the residents. Of course, we wish the entire project was funded by the City Utility Funds but it isn't. Figures presented were not definite. Street lights were not. Wish we could have had them too general and not specific enough IPA I 19 100% 80% 60% 40% 20% 2013 Street Reconstruction Survey NORMANDALE Q- Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Answered: 21 Skipped: 13 0% Yes No I did not attend the Open House. Answer Choices Responses Yes 52.38% 11 No I did not attend the Open House. Total 9.52% 38.10% 8 21 COMMENTS: I'm sure it was a good thing. My neighbors liked it. Especially concerning bike trail on West Shore Dr 65th to 60th and neigbors opposition - plan set back to bike trail proponents tabled. Didn't really know what to ask Appreciated the displays and the extra time the city employees were willing to take to cover everyone's questions. Somewhat but not entirely explained. 2013 Street Reconstruction Survey NORMANDALE Q6Construction Phase Answered: 21 Skipped: 131 100% 80% 60% 40% 20% 0% How effective was the project team in working to minimize your level of inconvenience during the project? Very effective = Somewhat effective Neither effective nor ineffective Somewhat ineffective 0 Not at all effective Very Somewhat Neither effective Somewhat Not at all Total effective effective nor ineffective ineffective effective How effective was the project team in working to minimize 61.90% 14.29% 0.00% 14.29% 9.52% your level of inconvenience during the project? 13 3 U 3 2 21 COMMENTS: I only had to park elsewhere about 3 times. Water shutoffs were very minimal and not an inconvenience. The people working here were great. I never had any traffic stalls or any other incovenienceses. Fantastic! Joe made a note of everyone's particular concerns and then did a good job of keeping track of how the project impacted those dates. Blocking of storm sewer during heavy spring /summer rains caused considerable flooding of my property, resulting in a loss of a tree & topsoil. I complained, but no one would take any responsibility for the damage. 2013 Street Reconstruction Survey NORMANDALE During construction, did you know the name of your City representative? Answered: 20 Skipped: 132 100% 80% 60% 40% 20% 0% Yes Answer Choices Yes No Total COMMENTS: Joe Clement Joe Clement Chad Millner? Can't remember his name but I talked to him many times. Not initially Joe Clement Responses 60.00% 40.00% No W 8 20 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey NORMANDALE During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered: 21 Skipped: 13 i Yes No Answer Choices Responses Yes 95.24% No 4.76% Total COMMENTS: Joe often came to my door to explain what would happen next and when. There were many paper notices stuck inside my screen door so I had ample time to prepare. I could also tell Joe of my schedule so I could get out onto the street and draw water when necessary. He is great! Let me qualify the waste water usage question. They were very good at telling us when to not use water but a couple of times didn't notify us when it was OK to begin using it again. 21 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey NORMANDALE ng During any phase of the project, did you experience any conflicts in dealing with the project? Answered: 21 Skipped: 131 Yes Answer Choices Responses Yes 33.33% No No 66.67% 14 Total 21 COMMENTS: On a few occasions the construction vehicles had to move to let me drive past. Our car was damaged by hail 8 -6 because we were unable to get is into the garage because of a excavation hole. We had $2300. in damage less $500. deductible. We were advised that by their insurance department that it was an "act of God ". We asked to at least pay our deductible and have. We have received a response. I plan to send your department of copy of my letter. We were particularly pleased with the city's willingness to work with us on connecting our sump pump system to the city sewer. The Center Point workers did a lousy job repairing the yard and we were told that it wasn't part of the street project and to deal directly with them See comments above. 2013 Street Reconstruction Survey NORMANDALE Q10what aspects of the project process met your expectations and why? Answered: 11 Skipped: 141 COMMENTS: Driveway looked good when completed after getting ripped up. Very orderly, well - planned and executed. I thought it would be worse as far as inconveniences go. Workmen highly skilled and diligent in their work. When and when not I could use my driveway. How nice the street looks now The street is finished. I was very pleased that the city would accommodate the widening of our driveway with a widened apron, etc. I thought the work followed the schedule very well up until the last few weeks. There was minimal interruptions to our services. perty much all of them. I wasn't sure what to expect so I would say it went well. Cost Analysis 2013 Street Reconstruction Survey NORMANDALE Q11 What aspects of the process did not meet your expectations and why? Answered: 12 Skipped: 140 COMMENTS: repair of my sod..done poorly. Doesnt drain very well. Time to complete the project was too long. Too much idle time. I was not expecting so much noise and dust and odors. The house shook and dishes rattled when they tore up the asphalt. The trucks were noisy on some Saturday mornings. Everything was pretty good. The workers /contractors were great. The seeding, would much have preferred sod! D Check # 9 We were on the end of the project that had seeding, etc. done at the very end of the project and because of that we were pushed to the limit of our driveway paver's window of opportunity, so when he finally got done, our landscaping aspects basically had to wait until spring of 2014. 1 assume that schedule was largely weather driven and was unavoidable. We don't consider the project done. Our yard still needs more fill dirt and both the Center Point and Utility portions need seeding or sodding. none Performance See comments above. some days no one was around 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey NORMANDALE Q12 Did the final result of the project meet your expectations? Answered: 19 Skipped: 133 Yes No Answer Choices Responses Yes 73.68% No 26.32% Total COMMENTS: Not yet as it was snowing when they finished. I still have stakes in my yard. Just one little problem. The water connection in the yard now sticks up about 6 -7. It was flush witht he ground before. The wall needs to be higher at that point and add abit. We had no expectations and we still have not heard the most important aspect the COST. I think you should use our corner and driveway of a good example of how the city can work with a homeowner and achieve great new results! (65th and West Shore) The yard work was not completed while there was still a growing season for the lawn. See comments above. in our cul -de -sac, I think as do others that the quality of the asphalt was inferior I hope so. W 19 2013 Street Reconstruction Survey NORMANDALE Q13 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? Answered: 11 Skipped: 141 COMMENTS: I am anxious to see the finished streets during the 2014 year. Hopefully they will hold up as planned. No - I'm glad iti s over and the streets are smooth once more. Are there plans to change the lighting in this area? We gave our choices to the City in a survey long ago. It would be nice, but so costly. Very well coordinated by contractors and city rep. The various contract workers were very friendly and helpful. Well, my toilet on the main floor has low water level, ever since the.project was completed, and it sounds funny when it is flushed. My downstairs bathroom is perfect. Someone should probably call me about it... 952 927 9849 Because of our location we were the storage area and the dump area for dirt and equipment for two phases of the project. Project well done! Get better concrete workers. The big diggers were very careful about maintaining our sprinkler infrastructure only to have the concrete guys completely disregard the fact that it was there (and well marked) and cause a lot of damage. It was then up to the sprinkler guy to make a lot of additional repairs. Edina employees need to be more closely involved in the project to the extent that they direct progress and are more responsible for time. the project took far too lang and our streets were torn up for far longer than they needed to be. Yes. Don't block storm sewers during heavy rains! I think the subcontractor could have finished the project much faster if they had not been working in so many different areas of the Twin Cities. They did a great job while working in the neighborhood, but then days and sometimes weeks would pass without any action. I wish they would've come in and just worked until the job was finished. 2013 Street Reconstruction Survey ST. PATRICK'S LANE How effective was the communication you received prior to construction? Answered:3 Skipped: 149 100% 80% 60% 40 %alx Na 20% 0% City Meetings Mailed Correspondence City of Edina Website Very effective ® Somewhat effective 0 Neither effective nor ineffective Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project Total 3 3 3 Very Somewhat Neither effective Somewhat Not at all N/A I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 100.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3 0 0 0 0 0 Mailed 66.67% 33.33% 0.00% 0.00% 0.00% 0.00% Correspondence 2 1 0 0 0 0 City of Edina 33.33% 66.67% 0.00% 0.00% 0.00% 0.00% Website 1 2 0 0 0 0 Total 3 3 3 2013 Street Reconstruction Survey ST. PATRICK'S LANE How effective was the communication you received during construction? Answered:3 Skipped: 149 100% 80% 60% 40% 20% 0% City Meetings Mailed Weekly Email Monthly City of Correspondent Updates Mailed Edina Website e Updates Very effective Somewhat effective Neither effective nor ineffective AN Somewhat ineffective 0 Not at all effective N/A I do not remember receiving any information prior to the start of the project COMMENTS: The weekly emails were great. To bad many neighbors on the block didn't use this because it seemed like I had all the information they needed. Total 3 3 3 3 3 Very Somewhat Neither effective Somewhat Not at all NIA I do not remember receiving any effective effective nor ineffective ineffective effective information prior to the start of the project City Meetings 33.33% 0.00% 0.00% 0.00% 0.00% 66.67% 1 U 0 0 0 2 Mailed 33.33% 66.67% 0.00% 0.00% 0.00% 0.00% Correspondence 1 2 0 0 0 0 Weekly Email 66.67% 33.33% 0.00% 0.00% 0.00% 0.00% Updates 2 1 0 0 0 0 Monthly Mailed 33.33 %, 66.67% 0.00°% 0.00°% 0.00% 0.00% Updates 1 2 0 0 0 0 City of Edina 33.33% 33.33°% 33.33°% 0.00% 0.00% 0.00% Website 1 1. 1 0 0 0 COMMENTS: The weekly emails were great. To bad many neighbors on the block didn't use this because it seemed like I had all the information they needed. Total 3 3 3 3 3 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey ST. PATRICK'S LANE The project is funded between City Utility Funds (approximately 60 percent) and Special Assessments (approximately 40 percent). Were the specific project costs explained to you in a manner that you could understand? Yes ,nswered:3 Skipped: 149 Answer Choices Responses Yes 66.67% No 33.33% Total No COMMENTS: However since we live on the street with a church using 50% of the street. it didn't seem fair they were only assessed 6 RU versus a normal 10 RU they take up. 100% 80% 60% 40% 20% 0% Answer Choices Yes No I did not attend the Open House. Total 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q, Did you find the Open House to be beneficial in answering your questions or addressing your concerns? Answered:3 Skipped: 149 Yes No I did not attend the Open House. Responses 100.00% III 0.00% U 0.00% 0 3 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey ST. PATRICK'S LANE 01' Construction Phase Answered:3 Skipped: 149 How effective was the project team in working to minimize your level of inconvenience during the project? Very effective 0 Somewhat effective 0 Neither effective nor ineffective Somewhat ineffective 0 Not at all effective Very Somewhat Neither effective Somewhat Not at all effective effective nor ineffective ineffective effective Total How effective was the project team in working to minimize 66.67% 33.33% 0.00% 0.00% 0.00% your level of inconvenience during the project? 2 1 0 0 0 3 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q7 During construction, did you know the name of your City representative? Answered:3 Skipped: 149 Yes Answer Choices Responses Yes 66.67% No 33.33% Total COMMENTS: Chad Jeff Frahm No 3 100% 80% 60% 40% 20% 0% 2013 Street Reconstruction Survey ST. PATRICK'S LANE QF During construction, aside from weather - related delays, did the project team provide you with ample notices of water shut -offs, driveway access, etc.? Answered:3 Skipped: 149 Yes No Answer Choices Responses Yes 100.00% No 0.00% Total COMMENTS: The weekly emails were great. To bad many neighbors on the block didn't use this because it seemed like I had all the information they needed. a 0 3 100% 80% 60% 40% 20% 0% Answer Choices Yes No Total 2013 Street Reconstruction Survey ST. PATRICK'S LANE J During any phase of the project, did you experience any conflicts in dealing with the project? Answered:3 Skipped: 149 Yes No Responses 0.00% 100.00% 0 3 3 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q10 What aspects of the project process met your expectations and why? Answered:I Skipped: 151 COMMENTS: All vendors were cooperative and friendly. 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q11 What aspects of the process did not meet your expectations and why? Answered:3 Skipped: 149 COMMENTS: None sod wasn't in at a good time at the end of the project. Our yard was pretty messed up as they had to put in a fire hydrant and a gas drum, etc. Regarding the hydroseeding, there was no notice (email) saying we needed to water it daily for the first two weeks until AFTER the two weeks were up. Many neighbors needed to sprinkle additional seed on those patches. I feel it was the responsibility of the city /contractors to establish new grass - including watering. Many people are out of town during the summer and don't have automatic sprinkler systems. 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q12 Did the final result of the project meet your expectations? Answered:3 Skipped: 149 100% 80% 60% 40% J 20% 0% Yes No Answer Choices Responses Yes 100.00% No 0.00% Total .:OMMENTS: Ip 3 Mostly. Everything was great except the permanent marks in the pavement from the blacktop relief cutting machines and the grass restoration. 2013 Street Reconstruction Survey ST. PATRICK'S LANE Q13 Do you have any other comments, input or suggestions for City staff on street reconstruction projects? Answered:2 Skipped: 150 COMMENTS: It was well done. I'm still annoyed regarding the RU assessment regarding the households on the street and the church. The traffic counts were taken at a time to benefit the churches activities (in the dead of the summer) when there is little going on (and much less traffic) coming and going from the church. I hope the city council reviews this again for our street for the final assessment and for future assessment on other streets with churches /schools /businesses. Traffic counts should be done multiple times and everyone treated fairly. REPORT %RECOMMENDATION rr, a To: MAYOR AND COUNCIL Agenda Item #: VII.C. From: Cary Teague, Community Development Director Action Discussion ❑ Date: November 18, 2014 Information ❑ Subject: Second Reading Ordinance No 2014 -18; An Ordinance Amendment to Chapter 36, regarding front street setback; first floor elevation for tear down /rebuilds; elimination of minimum and maximum unit size for multi - family apartments; and lighting. Action Requested: Approve second reading of the attached Ordinance No. 2014 -18. Information / Background: The City Council approved first reading of the attached ordinance, and requested staff to prepare some examples of "average of the block" front street setback calculations. The Council is considering adding an option of "average of the block" in addition to averaging or matching the homes on adjacent lots located on the same street. Attached are examples from many different neighborhoods in Edina. While this will allow added flexibility for home owners building additions to existing homes, and /or tear down and rebuilds it will not address every instance, and variance will likely still be required. Staff believes that it may however eliminate the need for variances in some instances. The attached Ordinance has the option added: Also as requested, attached are the minutes from when the minimum and maximum apartment sizes were considered. In summary again; over the past several months, the Planning Commission has been considering an Ordinance Amendment regarding front street setback; first floor elevation for tear down /rebuilds; elimination of minimum and maximum unit size for multi - family apartments; and lighting. The city attorney is recommending that the Zoning Ordinance regulations regarding front yard setback and the one -foot rule be revised. The other amendments are per the Planning Commission's 2014 Work Plan. That would include the lighting ordinance, and the elimination of the minimum and maximum unit size for multi - family housing. The Planning Commission has discussed eliminating the CUP requirement for the one foot rule, and requiring a variance instead. The CUP requirement was added to the Ordinance, at a time when variances were not possible. Staff and the Planning Commission are recommending that the City of Edina • 4801 W. 50th St • Edina, MN 55424 REPORT/ RECOMMENDATION Page 2 conditions required for a CUP would remain. in effect, and they would now be required as part of the variance. In regard to the front setback and one -foot rule, the attached Ordinance Amendment has been written to meet the intent of the original language, which was as follows: "Front Setback - Required front street setback was to average the front street setback of the homes on either side." The existing ordinance does not account for a side street setback or an abutting lot with a front street setback that faces a different street. One -Foot Rule for Tear Down /Rebuild — The intent of this ordinance is that the first level of the new home was to match or be no taller than one foot above the pedestrian entry of the existing split level. The ordinance did not define front entry. A garage could be: considered a frontentry. Additionally, it did not account for multiple entries for a new home. ATTACHMENTS- 0 Draft:Ordinance 2014 -18 C Planning Commission.minutes: October 8, 2014 a Past Planning Commission minutes from past discussions on the topics • Planning Commission report dated October 8, 2014 - ORDINANCE NO. 2014-18 AN ORDINANCE AMENDMENT REGARDING FRONT YARD SETBACK REQUIREMENTS & FIRST FLOOR ELEVATION REGULATIONS FOR TEAR DOWN REBUILDS THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Subsection 36 -439 of the Edina City Code. Special Requirements are amended as follows: Sec. 36 -439. Special requirements (1) Special setback requirements for single dwelling unit lots. Established front street setback. When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul -de -sac, or on one side of a dead -end street, are occupied by dwelling units, the front street setback for a.ny lot shall be determined as follows: 1. If there is an existing dwelling unit on an abutting lot on only one side of the lot that has a front_ street setback on the same street, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot on the same street; or the front street setback shall be the average front street setback of all dwelling units on the same side of that street, between intersections. 2. If there are existing dwelling units on abutting lots on both sides of the lot that both have a front street setback on the same street, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots on the same street; or the front street setback shall be the average front street setback of all dwelling units on the same side of that street, between intersections. all dwelling units en the same side A-f t-hat- st-r-P-P-t b. Side street setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. Interior side yard setback. The required interior side yard setback shall be increased by six inches for each foot the building height exceeds 15 feet. For purposes of this subsection, building height shall be the height of that Existing text — XXXX Stricken text —XXXX Added text — XXXX side of the building adjoining the side lot line'and shall be measured from the average proposed elevation of the ground:,along and on the side of the building adjoining the side lot line to the top of the cornice of a flat roof, to the deck line of a Mansard roof, to a point. on the roof directly above the highest wall.of a shed roof, tothe`.uppermost point on'a round or other arch -type roof, to the average distance of the highest gable. on, a pitched roof,. or to the top. of a cornice of a hip roof. d.. Rear yard setback, interior lots. If the rear lot line is less than 30 feet in length, or if the lot forms a point at the rear and there is no rear lot line, then, for setback purposes, the rear lot line shall be deemed to be a straight line segment.within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at.the maximum distance from the front lot line. e. Rear yard setback, corner lots required to maintain two front street setbacks. The. owner of a corner lot required to maintain two front'street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear.lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the. junction of the street frontages. f. Through lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet. Section 2. Subsection 36 =439 of the Edina City Code. Special Requirements are amended as follows: Sec. 36 -439. Special requirements (7) Additions to, or replacement of, single dwelling unit buildings and buildings containing4wo dwelling. units. For additions, alterations and changes to, or rebuilds of, existing single dwelling unit buildings and buildings'containing two dwellings, the first floor elevation may not be more than one foot above the existing firsf floor elevation. if a split level'dwelling is 'torn. down and a new'home is built, floor elevation of the dwelling unit being torn down is deemed to be the lowest elevation of an entrance to the dwelling, excluding entrance to, Existing text — XXXX 2 Stricken text — XXXX Added text — XXXX the garage and entrances that do not face a street. the Rew fiFSt A ^^. Aff ,,.,+..... i, yel elevation net be rRiffe +ti.,.. „ „ f,,,.+ - ,H ,,,,,, +h„ 40n+ „A+F„ pie., +i„R „� (8) Additions to, or replacement of, single dwelling unit buildings with a first floor elevation of more than one foot above the existing first floor elevation of the existing dwelling unit building require a Variance per Sec. 36 -69. Division 3. Such additions to, or replacements of, single dwelling unit buildings must meet one or more of the first three conditions listed in subsection (8)a of this section, and always meet condition four listed in subsection (8)b of this section. a. The first floor elevation may be increased to the extent necessary to elevate the lowest level of the dwelling to an elevation of two feet above the 100 -year flood elevation, as established by the Federal Emergency 'Management Agency (FEMA), or the city's comprehensive water resource management plan; or the first floor elevation may be increased to the extent necessary to reasonably protect the dwelling from groundwater intrusion. Existing and potential groundwater elevations shall,be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minn. Stats. ch. 326, or a hydrologist certified by the American Institute of Hydrology. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval; or the first floor elevation may be increased to the extent necessary to allow the new building to meet the state building code, this Code or other statutory requirements; and b. An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale. Section 3. Subsection 36 -434, Conditional Uses is amended as follows: Existing text — XXXX 3 Stricken text — XXXX Added text —XXXX IMMMMSEWH : � IMOM RMEWN RT"29 . ..... . ...... . ..... . ..... .... . . ......... ------ . . 1 I Existing text — XXXX 3 Stricken text — XXXX Added text —XXXX Z rr.T"?. IMOM RMEWN RT"29 W_ . . 1 I Existing text — XXXX 3 Stricken text — XXXX Added text —XXXX fir-'# will eRly be peFfflitted of the Rew AR *R6Fease Section 4. Subsection 36 -527 (2), Special requirements is amended as follows: Sec. 36 -527. Special requirements. In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply: IEffieieney I— 1---,Go I79n FBiReFRUM 19-50 I- I1W exteFOW walls and VO ON the r--p-mt-Pff A-f O.R.t-pffow.r vvalls bounding the dwelling unit, but shall Ret fir-'# will eRly be peFfflitted of the Rew AR *R6Fease Section 4. Subsection 36 -527 (2), Special requirements is amended as follows: Sec. 36 -527. Special requirements. In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply: IEffieieney I— 1---,Go I79n FBiReFRUM 19-50 I- I1W Section 5. Subsection 36 -1260 of the Edina City Code. Lighting is amended as follows: Sec. 36 -1260. Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing the lights or illumination at an intensity greater than 0.5 thFee footcandle measured at property lines abutting property zoned Existing text — XXXX 4 Stricken text — XXXX Added text —XXXX exteFOW walls and 4G.M. the r--p-mt-Pff A-f O.R.t-pffow.r vvalls bounding the dwelling unit, but shall Ret including eemmen aireas ffe used by Fesidents ef twe OF FnbFe dwelling units, staiFWaYS, Section 5. Subsection 36 -1260 of the Edina City Code. Lighting is amended as follows: Sec. 36 -1260. Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing the lights or illumination at an intensity greater than 0.5 thFee footcandle measured at property lines abutting property zoned Existing text — XXXX 4 Stricken text — XXXX Added text —XXXX p residential and 1 p footcandle measured at property lines abutting streets or property zoned nonresidential. No light source, lamp or luminaire shall be directed beyond the boundaries of the lighted or illuminated premises. Section S. This ordinance is effective immediately upon its passage. First Reading: Second Reading: Published: Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor Existing text — XXXX 5 Stricken text —X Added text- -..XXXX WJID a sws L-601 ii 5a,4 560'D %os 5 ,C4 5504 m65 5604 5529 5EW 561 MOB 56D9 5606 %12 5U 5 5612 551 F, :55;17 5 08 E-612, 5504 77 5E16 sw T A.Y, MES TfmLAcE NME PARK ROAD 5712 -%21 5620 i 1,57 /* 5509 555 05 1 -5701 SM3 0 5%8 5547 %24 5613 9512 5764 57 CdCe I 56-29 5628 -------- 5516 5 -%17 6337� 5632 5521 %309 5636 5�4 M29, 5705 5701 1 5y2& 55- 32 %16 %J2 9-9W I W4 5f40 55 5537 24 15704 5700 Z: .:11 11 0 1 . .., 4a2§ f - Pa reel 97 1 NIA ' -4l, Neighborhood _ 1 i 1 `Street _ City - Gounty .r 1� 4ft 'I 4904 �. 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LLJ 0 0 4L J 58TH STREET WEST 5105 5 5101 ii 5104 5 5100 5800 6620 -12 6604 24 6516 6608 6512 5500 6617 _ ter' i - - =- - -- - - - _ STALI)ER a ricLE 5W4,' 6 OM 613 5509 6609 6605 6517 F6513 (400 o 6704 6700 6620 6616 6612 6608 6604 06600 i 5201 5700 FIELD WAY 5702 6705 5705 6701 6621 6617 6613 i 6609 6W!5 6601 / " 11! 5704 55TH STREET WEST 3301 . lu 3309 LU 3333 3329 3325 3321 3317 r331 5 3304 3300 3332 3328 3324 3320 3316 3312 3308 A 6 /// Z/ Ile! � � / Ile 6920 6820 Wit. 6829 6832 6926 6905 6924 69 DO 6900 C-9 8 6909 6934 C-'-:) 32 6905 6904 -� c C, 6913 6908 6908 -7-7 6917 6912 6917 6928 6927 6919 6925 6916 6921 6912 zt 6941 6916 6932 U, I 6920 6925 11, 4- 6927 /// Z/ Ile! � � / Ile Edina Zoning Ordinance Work Plan (10- 14 -09) Aligning Ordinances with the Comprehensive Plan • Building Heights Organization of the Ordinances • Structure • Navigation (definitions, statements of intent etc.) Development Review Process • Sketch Plan Review • Traffic/Parking Review Planning Commission role vs. Transportation Commission role • Variance Review Planning Commission role vs. Zoning Board of Appeals role • Project Review Role of the Energy & Environment Commission • Public Hearings Duplication of Public Hearings by the Planning Commission and City Council Content Changes • Planned Unit Development (PUD) Sustainable design? • Performance Standards Driveway width; tree preservation; lighting; noise; landscape requirements; impervious surface max.; parking regulations /proof -of- parking; pedestrian connectivity. • Other (The bucket list) Wetland setbacks; CUP Standards; sign plan/sign ordinance; front yard setback; text amendments; ' ging the ordinance into compliance with state statutes in regard to group homes; non- conforming uses; 60- 120 -day rule; outdoor fireplaces. Edina Zoning Ordinance Work Plan (10- 30 -09) Aligning Ordinances with the Comprehensive Plan • Building Heights Organization of the Ordinances • Structure • Navigation (definitions, statements of intent etc.) • Maintenance Development Review Process • Sketch Plan Review • Traffic/Parking Review Planning Commission role vs. Transportation Commission role • Variance Review Planning Commission role vs. Zoning Board of Appeals role When & who should review Variances • Project Review Role of the Energy & Environment Commission • Public Hearings Duplication of Public Hearings by the Planning Commission and City Council Public input/rebuttal opportunities Managing expectations of the public • Small Area Planning • List of Conditions required by the City (meet with neighbors ?) Content Changes • Planned Unit Development (PUD) • Sustainable Design • Performance Standards Driveway width and surface; tree preservation; lighting; noise; landscape requirements; impervious surface max.; parking regulations /proof -of- parking; pedestrian connectivity. • Other (The bucket list) Wetland setbacks; CUP Standards; sign plan/sign ordinance; front yard setback; text amendments; ents; bringing the ordinance into compliance with state statutes in regard to group homes; non- conforming uses; 60- 120 -day rule; outdoor fireplaces; side yard setbacks; attached garage setbacks; allow single -stall garages; regulate where a home can be placed on a lot; wind turbines; drive- through windows, subdivision rules. * Red text represents additions from the October 14 public meeting district, the residential density range shall apply, in addition to the FAR requirement. Residential development is not required in mixed use areas. Commissioners Platteter and Scherer accepted that amendment. All voted aye; motion carried. VII. REPORTS /RECOMMENDATIONS .Work Plan Chair Staunton noted its half way through the year and the Commission needs to "touch base" with its work plan. Staunton commented that sometime in September the Commission will meet with the City Council; adding it would be nice to have a rough draft of the 201.5 Work Plan. Staunton asked Commissioners for their comments. Commissioner Carr said she would like to reiterate her priority on lighting, adding light pollution is an issue that needs to be 'addressed especially since the City is experiencing multiple developments and redevelopments. Carr suggested 'that staff contact other cities to find out "what's out there" vs. the City's current ordinance on lighting. Teague reported he has gathered background information on the issue and would place lighting on the next Planning Commission agenda for further discussion. Chair Staunton noted lighting/noise is an ordinance on the list for "review" with three other items; sign plan, parking regulations. and unit size for senior housing. Staunton asked if the Commission thinks. these ordinance issues should continue into 2015. Planner Teague responded that ordinance issues are large undertakings and may need to be extended into 2015. issio er ag ed- however ;wondered if senior housing unit size could?be addr_e e ., -r- badministrattively!�The Sign Plan Ordinance and parking regulations /Proof of Parking )e considered at the end of the year or next. The Commission continued discussing policy recommendations. Chair Staunton noted that Commissioner Platteter has already been working on the mid -term comp plan, adding the tree ordinance is also in the process; however, hasn't been formally adopted ( a work session scheduled for August). A discussion ensued on the needs of the 2014 Work Plan acknowledging more work needs to be accomplished. A work session was discussed with Planner Teague telling Commissioners he would advise them on the date(s). It was further suggested that the work session be held' prior to a Planning Commission meeting (5:00 PM). Teague said he would coordinate the date with - Commissioners. and back -with -them. -Continuing, the- discussion Commissioners - -- - Page 7 of 8 acknowledged the.start of the Wooddale Valley View Small Area plan; noting "small area plan" was an item on the 2014 Work Plan that was earmarked to continue into 2015. VIII. CORRESPONDENCE AND PETITIONS Chair Staunton acknowledged back of packet materials. 9X. CHAIR AND COMMISSION COMMENTS Chair Staunton reported that Commissioner Potts resigned his seat on the Planning Commission and read for Commissioners. a letter of resignation from Potts. Commissioner Carr reported on Living Streets and also informed the Commission Paul Thompson with the Energy and Environment Commission is hosting a walk on July 4th on "Edina Deeper Shade of Green for those who want to participate. Commissioners Forrest.and Lee reported that there are members of the Wooddale Valley View Small Area Plan team. She reported a kickoff meeting would be held at the Edina Senior Center on June 18`h 6 :30 pm. Forrest said all are invited to attend this meeting. X. STAFF COMMENTS Planner Teague reported the next planning commission meeting will be sizeable; including the rezoning of the single dwelling unit into a double dwelling unit on West 49th Street XI. ADJOURNMENT Commissioner Lee moved adjournment at 9:20 PM. Commissioner Olsen seconded the motion. All voted aye; motion to adjourn carried. Respectfully submitted Page 8 of 8 City can run into problems when revisions to plans /surveys are made after the fact and resubmitted. Chair Staunton thanked everyone for their input, adding developing a checklist is the correct way to proceed. Staunton said he is a little unclear on if the Commission should weigh in on the content of the checklist or not, pointing out in reality that's a staff function. The focus for the Commission is land use. Commissioner Platteter agreed that he doesn't have the expertise on developing these checklists; however would like to see the final outcome. Planner Teague informed the Commission City staff (building, planning, and engineering) would formulate a draft list and provide the Commission with a copy for their review before it is finalized. Commissioner Forrest questioned if the Commission is making decisions without feedback from all stakeholders /residents /builders /development/surveyors. She said she wonders as mentioned by Staunton if this was outside the Commissions realm of land use. A discussion ensued with Commissioners supporting the maintenance declaration on deeds and that creating a residential application checklist was good. Commissioners noted that clarity is extremely important and that further study needs to occur on what happens during the transition period (pulling a permit and getting the final certificate of occupancy). Continuing, Commissioners wondered if maybe there was a legitimate reason residential is treated differently from commercial on the building permit end; however, this is a beginning. It was noted that much of the current concerns appear to be about storm water runoff and water quality. It was further suggested that the Commission look at a better way to encourage the use of pervious surfaces (which may trigger an ordinance change). Chair Staunton suggested that staff "take another stab" at the 2015 work plan and bring the draft back for further review. C. Zoning Ordinance Amendments Staff Comments Planner Teague addressed the Commission and explained that the continuing work on amending the zoning ordinance continues with the Commission zeroing in on four topics. 1) Front setback, 2) one -foot rule for tear down /rebuild, 3) housing and 4) adopt part A of lighting ordinance. Teague said after discussion and formalization of the ordinance amendments the Planning Commission would hold a public hearing. Teague said the public hearing date is tentatively scheduled for the Planning Commission meeting on the 8`' of October. In concluding, Teague noted that item 2, (one -foot rule) was adopted in response to a moratorium on variances; that moratorium has been lifted and the Commission has expressed the desire to return this back to a variance process Chair Staunton invited the Commission to comment on the proposed changes. Page 6of8 Discussion A brief discussion ensued on the Established Front Street Setback with Commissioners agreeing that the proposed changes would add clarity; however, it was noted that Edina has some unique streetscapes that haven't been specifically addressed and in those instances the property owner can request a variance. Further discussion continued on paragraph (7) page 2; clarifying that it relates to the present Conditional Use Permit Process and the "One -Foot Rule ". Planner Teague said it is the hope that the Conditional use Permit one -foot rule process is eliminated and handled through the variance process (as it was prior to the moratorium). Teague explained that staff would remove the language drafted for the conditional use permit process one -foot rule and incorporate .it into the variance process. Teague said that the one -foot rule conditions are very good and they should remain in ordinance form; however, moved to the variance process. Commissioners agreed noting the increase in request for Conditional Use Permit because of the I -foot requirement. Planner Teague also noted the implementation of Step I Lighting and the request by the Commission for continued study. The discussion ensued on unintended consequences with the Commission acknowledging an ordinance can't be written to address every issue. VII. CORRESPONDENCE AND PETITIONS Chair Staunton acknowledged back of packet materials. VI11. CHAIR AND COMMISSION COMMENTS Chair Staunton introduced and welcomed new Planning Commissioner Steve Hobbs. Hobbs said he was excited to be "on board" and looks forward to working with the Commission. Commissioner Lee updated the Commission on the progress of Wooddale Valley View small area plan. Lee said a public discovery workshop will be held on the 4t' of October from 8 -12 at the Senior Center. Lee said all are welcome to attend. Continuing, Lee said their goal as previously mentioned in the work plan discussion is to finalize the plan by the end of 2014 and present it to the Council in January or February 201 S. Forrest also informed Commissioners that the planning team meets on the off - Wednesdays in the Edina Community Room between 6 -8 PM. Forrest said public and Commissioners are always welcome to attend those meetings. Page 7 of 8 MINUTES OF THE WORK SESSION OF THE EDINA PLANNING COMMISSION ZONING ORDINANCE UPDATE COMMITTEE EDINA CITY HALL COUNCIL CHAMBERS 4801 WEST 50TH STREET SEPTEMBER 9, 2009 7:00 PM Chair Fischer called the meeting of the Zoning Ordinance Update Committee (ZOUC) to order at 7:00 pm in the City of Edina Council Chambers. Planning Commission Members present: Mike Fischer, Michael Schroeder, Jeff Carpenter, Steve Brown, Arlene Forrest and Julie Risser. Public present: Tom Bonneville Chair Fischer addressed the ZOUC and explained the intent of this work session is to re -cap past meetings and establish a work plan. Planner Teague reminded Commissioners that this past April Mike Fischer and Kevin Staunton presented to the City Council a work plan to bring Edina's zoning code into agreement with the updated Comprehensive Plan. The April Council meeting "kicked off' the process of updating the zoning ordinance and the work session meetings formally began in May 2009. Chair Fischer commented the Commission needs to focus on the big picture with the goal of drafting a statement of intent and formulating a work plan. Continuing, Chair Fischer said he visions at least four categories to the work plan and outlined the four categories with projected "time frame" — Note the proposed outline below with suggestions from the Zoning Ordinance Update Committee members: 1. Aligning ordinances with the Comprehensive Plan. 9 months. • Building heights — suggested in the Comp Plan are limits on building height for the different zoning districts /area. 2. Organization of the Ordinances. 12 months Structure. Navigation — How to make the ordinance easier to navigate for developers and residents. Develop a statement of intent. Clarify definitions, etc. 3. Development Review Process 12+ months • It was previously discussed (at past work sessions) that a sketch plan review option should be folded into the ordinance Variance review — Commissioners noted that due to a recent court ruling the variance process was changed. The process now needs to be addressed and at minimum the process /order of review clarified. Commissioner Schroeder pointed out that if the Commission is considering redefining the variance process, it may be a good idea to invite the current members of the Zoning Board to a work session. Commissioner Carpenter agreed especially in light of the fact that there is a real possibility the Zoning Board would either be eliminated or re- configured in some form. Commissioners agreed there is merit in speaking with members of the Zoning Board. A discussion ensued with Commissioners scheduling a work session meeting with the Zoning Board directly after their September 30th PC meeting. Invite to be sent out by staff Traffic /Parking. It was acknowledged there is an overlap in the review process with both the Transportation Commission weighing in on a project as it relates to traffic and the Planning Commission also weighing- in. (The Transportation Commission meets prior to the Planning Commission with their recommendations forwarded to the Commission for their review). The roles for both the Transportation and Planning Commission need to be clarified — (what is commented on and what shouldn't be) • Public Hearings — There appears to be a duplication of public hearings — a few years ago the Council suggested that the Planning Commission conduct public hearings with the hope of stream lining the review process; however that hasn't been the case. Currently both the Planning Commission and Council hold public hearings for the same project. This has been an issue for both residents and developers. Commissioner Risser serves as the Planning Commission liaison to the Energy and Environment Commission (ECC) and reported the EEC has indicated they would like to be queued into the project review process. Chair Fischer directed Commissioner Rissers request be added to the "list" Planner Teague is compiling. It was mentioned that adding an additional project review step would lengthen the process. It was also noted that the Council would need to delegate the ECC as an additional step in the development review process. (How would this request fit within the 60 -120 day rule ?) • Role of the Energy and Environment Commission ( ?) 4. Content changes. 12+ months • Performance Standards - Commissioners listed a number of items that need to be clarified and aligned with the Code. New issues may also need to be added — the following "issues /topics were raised: 1. Driveway width (impact especially in Edina's small lot areas), should there be a minimum width? 2. Tree preservation —.do. we need a tree ordinance? 3. Lighting — review current standards and if warranted modify them 4. Noise 5. Hard surface /lot coverage — review current standards and amend if needed 6. parking regulations — It, has appeared in the past that the current ordinance standards may be out of step with reality - the City has a policy of recommending a proof -of- parking agreement to retain green space. Commissioners noted .that proof -of- parking isn't even mentioned in the ordinances .7. Setbacks for outdoor fireplaces 8. Wetland setbacks. Commissioner Risser said she would like to see the City require setbacks from wetlands. Commissioner Risser acknowledged that currently the City has-established setbacks from water bodies, reiterating wetlands should be included. A brief discussion ensued with Commissioners noting that currently - projects that abut waterbodies /wetlands need to be heard and approved by the Watershed District (Minnehaha /Nine Mile) as a condition of approval. • Planned Unit Development (PUD) — establish in the ordinance a Planned Unit Development and review process. Commissioners commented that in developing PUD standards they should keep in mind what they wouldn't want to see. Planner Teague said Roger Knutson needs to be involved in writing PUD standards. Sustainable design was mentioned as a PUD standard; however, after further discussion it was decided that. sustainable design should stand alone. • Other —Planner Teague indicated he has been keeping a "list" of items that need to be addressed during the re -write process; These items could fall under general standards. They are as follows: 1. Wetland setbacks — should the City establish setbacks;: 2. Conditional Use Permit standards; 3. fold the sign ordinance into 850; 4. Front yard setback — This:needs to be clarified; hould the ordinance have maximum /minimum iment size per zoning district PRD -PSR; 6. Bring the ordinance into compliance with state statutes;, 7. Non- conforming uses; 8. 60 day rule —120 day rule; 9. Further review of 1St floor elevation; modify or create new. Planner Teague said he would continue to add to the "list", as necessary. Commissioners suggested that staff contact other cities to see how different zoning ordinances are structured and organized, and if they contain statements of intent. It was acknowledged that Mr. Knutson wasn't too comfortable with "guidance statements ". However, it was noted it is helpful to have the intent match the rule. Commissioners stressed that Mr. Knutson should play an active role during the update process. Commissioners also discussed the relationship of the Comprehensive Plan to the zoning ordinance: There was some discussion on the issue of "small area plans" and if they are still a valid option to be included in the ordinance. Commissioners felt the Comprehensive Plan is a living, document, adding small area plans are still valid. Concluding, Chair Fischer said the Zoning Ordinance Update Committee will meet with the general public on October 14, 2009 7:00 -8:30 PM at the Senior Center. Chair Fischer said the public will be notified via postings, city -extra and an article(s) in the Sun Current. Chair Fischer said his vision is of an interactive meeting with an initial presentation on the process and "where we are now" — there could also be breakdowns into small groups, a question and answer period, etc. Chair Fischer said resident feedback is important, adding residents could also participate in the written form — worksheets and /or note cards could also be distributed. Meeting adjourned at 8:30 pm. Edina Zoning Ordinance Work Plan-(MO-09)' Aligning Ordinances with the Comprehensive Plan • Building Heights - Organization of the Ordinances • Structure • Navigation (definitions, statements of intent etc.) Development Review Process . • Sketch Plan Review • Traffic/Parking Review Planning Commission role vs. Transportation Commission role • Variance Review Planning Commission role vs. Zoning Board of Appeals role • Project. Review Role of the Energy & Environment Commission • Public Hearings Duplication of Public Hearings by the Planning Commission and City Council Content Changes • Plan_ ned Unit Development (PUD) Sustainable design? • Performance Standards Driveway width; tree preservation; lighting; noise; landscape requirements; impervious surface max.; parking regulations /proof -of- parking; pedestrian connectivity. • Other (The bucket -list) Wetland setbacks; CUP Standards; sign plan/sign ordinance; front yard setback; text amendments; m. ; bringing the ordinance into compliance with state.statutes in regard to group homes; non- conforming uses; 60- 120 -day rule; outdoor fireplaces. i PC MEETING JULY 1, 2009 2009.0004.09b Zoning Ordinance Amendment. PSR Zoning District. Planner Presentation Planner Teague informed. the Commission at the June 16, 2009 City Council meeting, during the review of the 7500 York senior housing project, it was discovered that the Zoning Ordinance does. not allow Efficiency Dwelling Units within the PSR, Planned Senior Residential Districts.'As a result, the City Council set a public hearing date of July 7, 20.0.9; to consider .a zoning ordinance amendment to allow efficiency units within these.Zoning Districts. The Council asked the Planning Commission to review and make a recommendation on the Zoning Ordinance amendment,: The 7500 York .project was approved by the City Council, subject to approval of a Zoning Ordinance Amendment that would allow efficiency units within the PSR Districts, Planner Teague explained that the PSR Districts were established in 1,971. The intent of the ordinance was to provide affordable housing for elderly residents, The Ordinance was:drafted at the time that South Haven was proposed; which included 991- bedroom units that were 550 square feet in size and one caretaker unit that is. 800 square feet in. size. The °Ordinance was later amended to allow two bedroom units up to 850 square feet in size. This change was made to accommodate a proposal to. Build a 7 -story senior housing project at the 7500 York `site. That project was never built; however, the Ordinance was still amended. The. Ordinance has been crafted to fit specific. projects that were proposed, similar to a PUD :Ordinance. The difference between this approach and a. PUD, Is-that ..these. same standards are now required for subsequent proposals, where a PUD'Ordinance would allow flexibility to require different standards on different sites. It is not clear as to the intent of the Ordinance in regard to efficiency units. Since the original adoption of the Ordinance, the needs of residents In senior housing developments have changed, and there is a growing need for more memory care units, which are typically smaller, and can be defined as efficiency units. Senior housing now offers a mixture of housing types within a building or site, or a "continuum of care" type facility, which enables residents to move within a building or complex, and not have to move off the site. Often memory care units are Included within assisted living projects. Planner Teague pointed out to prohibit an efficiency unit or memory care unit or to regulate the size of these units in the PSR District is not practical or. reasonable. Efficiency units also can keep the cost of housing down for seniors housing, which was part of the original intent of the district. Planner Teague concluded to address this issue, staff Is, recommending approval of the Ordinance, to allow efficiency units within the PSIS District. The Ordinance would allow senior housing developments, such as the 7500 York' to proceed with development of efficiency units in their projects. The regulations for senior housing, including size of dwelling units, will then be further: evaluated .as' part of the overall Zoning Ordinance re- write. Commission Discussion A discussion ensued with Commissioners acknowledging that during the 1984 codification it appears a mistake was made .in eliminating efficiency units in the PSR zoning district. Allowing efficiency units in this -district makes sense and is reasonable. Commissioners also noted that.the Planning Commission 1s in the process of updating the Zoning Ordinance and this area could be given another look as the updating process continues. Commission Action Commissioner. Brown. moved to recommend amending the ordinance concerning regulation of efficiency dwelling units in the Planned Senior kesid0, Val District. Commissioner Orablel seconded the motion. All voted aye; motion carried. s� ORDINANCE NO. 811-A87 AN ORDINANCE AMENDING THE ZONING .ORDINANCE "(NO.. I.) TO ESTABLISH THE SENIOR CITIZEN RESIDENCE DISTRICT AND STANDARDS AND RESTRICTIONS FOR.111E DISTRICT, AND ADDING DEFINITIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Section 12 (Defi- nitions) and Section .13 (Administration) to Section 13 and Section 14, respectively. Sec. 2, Section 2 of Ordinance No. 811 is 'hereby amended by adding a new district to the list of districts therein contained, as follows: "Senior Citizen Residence District (Section 12)." Sec. 3. Ordinance No. 811 is hereby amended by adding a new Section 12, as follows: "Sec. 12. Senior Citizen Residence District y,,,�, �t era.. 1�.."S $ # 1.' "l. Purpose and Intent. The City Council of the City of Edina finds that there is a need in the City of Edina for affordable housing for elderly citizens, and that the increasing population of elderly residents should have available to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the special social and physical needs of this segment of the population. Therefore, the Senior Citizen Residence District is hereby established to accommodate these needs and to promote the general health, safety, and welfare of the residents of the City. "The standards contained herein are intended to permit residences that have a mass and intensity of activity t:1at is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance No. 811. "When considering petitions for the transfer of land to the Senior Citizens Residenee District, the Edina Planning Commission and Council shall consider the then most recent Housing Assistance Plan approved by the Council, and only those properties that are designated by or shown on such plan as possible locations for senior citizen residences shall be considered for transfer to, or transferred to, the Senior Citizen Residence District. "It is not the purpose and intent of the Senior Citizen Residence pistrict.to allow, and there shall not be allowed in the Senior Citizen Residence District, cony valeseent, nursing, rest, boarding care, or similar types of residences, homes, or facilities. 112. Senior Citizen Aesidence District Boundaries. The Senior Citizen Residence, District hereby established shall be further subdivided into subdistricts designated as District SR -3, District SR -4, and District SR -5, and shall be located as shown by amendments. hereafter made to this paragraph. "3. General Standards. The restrictions and requirements set out in Section 4 (Multiple Residence District) of Ordinance No. 511, in paragraph 3 (Restrictions on Lot- Area, Building Bulk and Setbacks), paragraph 4 (Building Design and Construction), paragraph 5 (Distance Between Buildings), paragraph 6 (Accessory Buildings), and paragraph 7 (Parking), relative to the R -3, R -4, and R -5 Districts, shall apply to Fie] y�4 Ordinance No. 811 -A87 Page 2 the SR -3, SR-4, and SR -5 Districts, respectively, except as specifically modified by this.Sectio.n 12, and in every case the most restrictive applicable standard set out in said paragraphs shill govern unless specifically modified by the provisions of this Section 12, in which case the provisions of this Section 12 shall govern. "4. Specific Uses Permitted in Districts. The following uses are permitted. when a building permit and occupancy certificate have been approved by the Planning Director and issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy, or maintain any building, structure, improvement, or premises wirhout first having obtained such permits; "(a) Principal Uses. " "District SR -3: ' 1(1) Senior citizen residences containing not less than three nor more than _12 dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age•or over, and the other dwelling unit shall be designed for and used by the caretaker or'resident manager of the senior citizen residence. "Districts SR-4 and SR -5: "(1) Senior citizen residences containing .five or more duelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual. 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. '"(b) Accessory Uses. In addition to those subordinate uses that are clearly and customarily incident to the principal uses, such as driveways, park- ing areas, and garages, the community facilities required by paragraph 6 of this section will be permitted on•the lot occupied by the principal use. 115. Restrictions on Lot Area, Building Bulk, and Setbacks. "(a) Required Lot Area. The minimum lot areas, the maximum allowances, and schedule of allowances set out in paragraph 3 of Section 4 of Ordinance No. 811, used in the calculation of required lot area, will be applicable to Districts SR -3, SR -4, and SR -5, respectively, and, in addition, the following allowances are hereby added to the schedule of allowances; "District Basis am S3 For each subtract "SR -4 and SR -5 For each subtract "(b) Lot Coverage and Floor Area Ratio "District Maximum Lot Covers; "SR -3 and SR-4 35% "511-5 30% p i Amount of Allowance senior citizen.dwelling unit; 1500 sq ft . senior citizen dwelling unit; 1000 sq. ft. (FAR) . gee M&k.imum FAR 1.2 I "6. Building Design and Construction. "(a) floor Area. The minimum net floor area of a:senior citizen dwelling unit shall be not less than 550 square feet, and the maximum net floor area shall be not more than 650 square feet. "(b) Community facilities. Senior citizen residences shall provide recreational, service, and meeting facilities for the use and enjoyment of the residents of the building and their guests, with a minimum net floor area of 125.0 square feet or 15 square feet for each senior citizen dwelling unit, whichever is greater. "The.facilities shall be indoor space furnished and conditioned for occu- pancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swimming pools, exercise facilities, group kitchen facilities, and similar uses.. Outdoor areas, laundry rooms, storage areas, mechanical rooms, hallways, foyers, office, commercial, or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment:, In- cluding automatic clothes washing and drying machines, laundry tubs, and counter space, shall be provided in each senior citizen residence, in a separate room with a minimum floor area of 120 square feet. "7. Parking:_ Senior citizen residences shall provide parking that conforms to the setback, screening, surfacing, and size requirements for multiple family rest- dences set out in paragraph 7 of Section 4 of Ordinance No. 811, except as modified by the following standards: "(a) One completely enclosed and one exposed parking space is 'required for each non - senior citizen dwelling unit. One enclosed or exposed.parking space is re- quired for each senior citizen dwelling unit; provided, however, one -half enclosed or exposed parking space is required per senior citizen dwelling unit in a senior citizen residence that has an entrance located within 500 feet of a public bus stop that. has a minimum of 20 scheduled buses per day. "(b) In addition, one completely enclosed parking space is' required for each vehicle owned by the management and stored on the site, and one exposed park- ing space is required for each employee who is not a resident of the senior citizen residence. 4' Ordinance.No. 811 -A87 Page 3 "(c) Useable Lot Area. "District Square Feet Per Senior Citizen Dwelling,Unit 'SCR! -3, SR -4, 200, provided a minimum of 25% of the Useable Lot and SR -5 Area is designed, constructed, and equipped for (for 5 and recreational use of the occupants of the residence 6 story and their guests. buildings) "SR-5 (for 100, provided a minimum of 25% of the;Useable Lot buildings. Area is designed, constructed, and equipped for over 6 recreational use of the occupants of the residence stories) and their guests. "6. Building Design and Construction. "(a) floor Area. The minimum net floor area of a:senior citizen dwelling unit shall be not less than 550 square feet, and the maximum net floor area shall be not more than 650 square feet. "(b) Community facilities. Senior citizen residences shall provide recreational, service, and meeting facilities for the use and enjoyment of the residents of the building and their guests, with a minimum net floor area of 125.0 square feet or 15 square feet for each senior citizen dwelling unit, whichever is greater. "The.facilities shall be indoor space furnished and conditioned for occu- pancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swimming pools, exercise facilities, group kitchen facilities, and similar uses.. Outdoor areas, laundry rooms, storage areas, mechanical rooms, hallways, foyers, office, commercial, or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment:, In- cluding automatic clothes washing and drying machines, laundry tubs, and counter space, shall be provided in each senior citizen residence, in a separate room with a minimum floor area of 120 square feet. "7. Parking:_ Senior citizen residences shall provide parking that conforms to the setback, screening, surfacing, and size requirements for multiple family rest- dences set out in paragraph 7 of Section 4 of Ordinance No. 811, except as modified by the following standards: "(a) One completely enclosed and one exposed parking space is 'required for each non - senior citizen dwelling unit. One enclosed or exposed.parking space is re- quired for each senior citizen dwelling unit; provided, however, one -half enclosed or exposed parking space is required per senior citizen dwelling unit in a senior citizen residence that has an entrance located within 500 feet of a public bus stop that. has a minimum of 20 scheduled buses per day. "(b) In addition, one completely enclosed parking space is' required for each vehicle owned by the management and stored on the site, and one exposed park- ing space is required for each employee who is not a resident of the senior citizen residence. A K_. i, !_e 1�+�#. +. �.. iY+dfi le t�i+�F R .ordinance No. 811 -A87 _Vage 4 ''(c) A minimum of 75% of the parking required herein for senior citizen residences must be totally enclosed within the principal building or an .accessory wilding. "(d). All parking spaces shall be used only. by the occupants of the senior citizen residence.andtheir guests and visitors. They may, however, also be used on a temporary basis by others while making deliveries to an occupant or while doing work on the residence or site..0' Sec. 4. Section 13 (Definitions) of Ordinance No.•811 is hereby amended to Add the following definitions: " 'Senior Citizen Residence' -- A multiple dwelling unit building or group of buildings specifically designed for.use by individuals 62 years of, age or over, provided the following criteria are satisfied: "(1) The site is within an SR -3, SR -4, or SR -5 District. "(2). All dwelling units other than the caretaker`s or resident manager's unit are senior citizen dwelling units and are occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or aver. 'Senior Citizen Dwelling Unit' -_ A one-bedroom apartment with a kitchen, bathroom, living and storage space, the net floor area of which shall be not.less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals.one Of whom is 62 years of age or over." See. 5. This ordinance shall be in full, force and affect immediately upon its passage and publication. First Reading: January 11,•1977 - Second ]leading: February 7, 1977 Published in the Edina..Sun.on February 16, 1 ATTEST: City Clerk ,, /T!5 MINUTES OF TUR REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL UOVEMBER 15, 1976 Answering rolli:all were members Courtney, Richards, Schmidt and Shaw. Council- man Courtney served as_Mayor Pro Td.m in the absence of Mayor Van Valkenburg. MINUTES of October 18, 1976, were approved an submitted by motion of Councilwoman Schmidt, seconded by Councilman Shaw. Ayes: Courtney, Richards,, Schmidt, Shaw Nays.i None Motion carried. SENIOR.CITIZEN HOUSING ORDINANC19 AMENDMENT CONTINUED TID DEGEMBER 6,_ 1916. Affi • davits of Notice ware presented by Clerk auDloved as to fair► and., ordered placed on file. Mayor Pro Tom Courtney emphasized that the ordinance under consideration is for general use for making future determinations and not specially written for tha proposed davalopment at 51at and -Trance Ave. Mr. Luce ex.-plained that the pro- posed ordinance wao written after study of criteria for each of the other senior citizen buildings in the city and that the Rainbow proposal would have to be modi- fied in oeveral.arean to meet these criteria. He explained that the ordinance had not been writtea for "re -use" purposes, but rather to meet restrictions; throughout co . co new areas of the City. Mr. Luca reviewed HUD _criteria and used the view -graph to .show requirement's of various other municipalities and a comparison of all other ' senior citizen housing developments in the City. In response to a question of KC[ the Council, Mr. Luce explained that the ordinance calls for community facilities with a minimum net fluor area of 1250 square feet ox 13 square feet for each dwelling unit, whichever is greater. He explained that these community facilities would Include laundry rooms, ideating rooms, game rooms and other similar uses. He pointed out that Raiubow plans would have is be revised to meet this requirement as wall as the requirerdene for one enclosed or exposed parking space fat each senior citizen dwal,ling unit, except where a building has an entrance located within 500 feet of a bus stop only one -half parkinn space is required par dwelling 'unit. Mr. William Phillips of'Tha Lanterns, requested that the following changes bo mado to Section 12 of the proposed ordinanca: L) that the third parsgreph of Paragraph 1 be deleted; 2) that "Laundry Rooms" be deleted from the second para- graph of Paragraph 5 (B) and that the following be added, Space other than com- munity facilities be provided for laundry equipment; and Coumunity facilities be on a floor not occupied by enclosed parking spaces; 3) that the following be added to Paragraph 6s "All parking apnees enclosed within structure will be on n, floor below and separate from any dwelling space ", "Parking spaces for use by residents be so designated and made available to residents at no cost. over established rent. Such parking spaces be available on a first come first served basis. Such parking spaces may not be rented to non- rasidents. ", and "Two separate automobile entrances (or exits as the case may be) be provided to enclosed parking areas." Mr. Luce questioned whether the City could require the two entrances beaause,he said, the city cannot be more restrictive than the State Building Code. Ha added that neither can the City add Building. Coda requirements to the Zoning Ordinance. Mr. Luce said that he would ask the City Attorney rbotber it would be legal to require that garages be made available without additional cost to occupants. Council generally_ agreed with Councilman Show tbrit, in view of the feet that the requiremento are a sharp reduction from the R -3, R -4 and R -5 requirements, any variance requests should be submitted directly to Council rather than to the Board of Appeals and Adjustments. Councilman Shaw also requested that the ordinance call for 3/4 parking spaces per dwelling unit. Councilman Richards. suggestcd that the thrust of the ordinance should be directed to the oldat developed areas of the City, rather than to tha undeveloped areas. Mr. Luce said. chat people might also want to develop senior citizen housing 4n undeveloped areas such as the 70th and Cahill area and in Southoast Edina. 110. expressed concern that buildings in the undeveloped areas might be forced to be more compact than would be desirable. Councilwoman Schmidt expressed her concern that a senior citizen building might lator be sold. for another use. Polloving lengthy discussion, Councilman Richards' motion was seconded by Councilman Shaw that the hearing be continued to December 6, 1976, and that the Planning Depart- went should incorporate the fallowing revisions in Waal; draft of the ordinancet 1) that any proposed variances to the ordinance be submitted to the Council, rather than to the Board of Appeals and Adjustments; 2) that thero shall be no variances granced to Sections 4, 5 and 6 of the proposed,ordinance; 3) that 3/4 parking spaces. be required for each dwelling unit; 4) that the ordinance should addrocs itsolf to "re -usu" as well as to "new use "; 5) that thorn should be alternatives :is to density requirements; G) that tltero should be more atca Within the building for social, use; 7) that laundry cpare shall not be included 11/15/.7.6, •`•as2. "community facility "; ,8) that setbacks should be increased to provide Mora open. space around the building; 9) that Mr. Luce check on whether a building for senior citizens should be covered by the same Building Code requirements as a hospital or nursing home, Ayes: Courtney, Richards, Schmidt, Shaw Nays: None 'lotion carried.. c lit. Luce assured kc. Samuel. McGowan. that. he would send copies of tile, ordi nnnea to all residents on the mailing list and that all questions raised at fte,bcnring awouid be included no alternatives for Council's consideration. ORDINANCE NO 811 -A86 GRANTED FIRST RFADING.. Affidavits of Notice hero'prescuted by Clerk, appi,qvad no to form and ordered placed on:rilo. 11r. Luce presented the petition of Rra k and Jean. Wheeler for zoning change for Lots 1, 2 and 3,. Bloc. 2, Nine Mile Voi h Znd Addition from R -1 Single Residenea District to RrZ Mulpipla Recidenco DistrIc advloing that the property in question is located at.680 - 6005 and 6809 Dovre rive-and-that a hearing for lot divisioa.of the propert�rtrill alto bn.conoidergd ater on in this meeting. Mr. Luce otated' that the Western Edina Land Use plan this area for low density attached dwel.l.i g units and advised that the tinning Commission bas recommended approval. He 7callcd .that the Planning Co rion had assured Parkwood Knolls wasidents whg /had attended the Planning C fission hearing that they would never make �"ny recommenda- tion for similar rezonin of lots-on Parkwood Lane. Mr. Luce said that no vari•� antes would be required•u eos an attempt should be made to save game trees which are on the property. Mrs. olon•1'icClelland recalled that a pets ion in omlosition had been presented to the P caning Commission opposing any further R -2 development on tho North side of Dovre 'vo,• Mr. 14heeler offered to a�nst6r any questions of the Council. No objections b g heard, Councilman Richards offered Ordinance ;No. 811 -A86 for 'First Beading recommended by the Plainniu Commission for the following reasons: 1) Tha prop6aal is in conformance with the Western Edina Plan. 2) The proposed lots meet zoning estrictions; and 3) Th property is a transi- tional property between the oin81 family area to the East and the industrial uses to the Rest. ORU CL� N0. 811 A86 AN ORDINANCE AMEND G THE ZONING O1;DINANCN (NO. 511) • n7 RUU1lVU 1U - XUA'17u 273E CITY COUNCIL OF THE CITY 08 EDIN , S4 Section 1. Paragraph 1 of Section, amended by adding the following thoretoe "Tits extent of the Multiple Reaidon of the following proporties: Lars 1, 2 and 3, Block 2, Nine Hilo District R -2." Sec. 2. This ordinance shall be in and 'Publication. ids t No. 811 of the City is riot is enlarged by the addition 2nd Addition, which is in Sub- force and effect upon its passage LOTS 1, '2 AND 31 BLOCK 2, NINE 141LE )(ORTH 214D AD�ITION DIVISION APPROVED-_ 'Affi- davits of Notice were presented byAlcrk, approve' as to form and ordered placed on file, Mr. Luce presented the p tition of Ptr. a Mrs. Frank whooler for divi- oion. of Lot 2 and combining ca Of with the othak two lots for two double bungalow late in conformanco m h Ordinance t,�o. 811- 86. No objections Being heard, Councilman Richards oTred the following race cation and moved its adoption: RESOLUTION WHEREAS, the following des gibed tracts of land are nc soparate.pareelo: Lots 1, 2 and 3, 1310 k 2, Nine Mile North 2nd Subdi ision, City of Edina, Hennepin Ccunty; a 14HEREAS, the owaars of Pte above tracts of land desire to Fombine said tracto Into the following de crib ed new and separate parcels (herein called "Parcels ") Lot 3 and Cho ,:ye 60 feab of Lot Z, Niuo ILLle North 2a Subdivision, City of Edina Hennepin County; and Lot 1 and Log 2, Except the Last; 60 feet thereof, Nino lti a North 2nd, Subdivisio , City of Edina, Itennapin County; and Wh'EREAS, it ba been dotarmined that compliance with the Sobdivi ion and `Zoning Regulatioxis the City of Edina will create an unnecessary hard' ip and said Pastels as eparato tracts of land do not interfere r'►ith the purpo as of the Subdivini and zoning Regulations rim contained in the City of I?din Ordinance Ups. 80 Bud 811; N(W ' RF.FORE, it is hereby resolved by the City Council of the City°�of Pains that in conveyance and almership of said parcels as separate tract, 6 land is bargbv approved and the acquirements and provisions of Ordinance No. S and Or;:!n nce No. 811 are hereby waived to allow said clivision end convcyanek} ereof as separate tracts of land 'hut are not waived for any other purpo or gas tq any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior'npproval of this U D MINUTES' OF THE RBOULAR MEETING OF THE;> EDiNA CITY COUNCIL HELD AT CITY FALL DECEMBER 6, 1976 Answering rolleall were members Courtney,'Richards, Scbnidt, Shaw and Mayor van Valkenburg. MINUTES, of_ November 15, 1976, wept approved as submitted by motion at C.ouncil- woman Schmidt, seconded by Councilman Richards and carried. POLLY PTTERSONAMISS TEEVIAOE MINNESOTA RECOGNIZED._ Councilman Courtney offered the following resolution and moved its adoption) RESOLUTION OF CONGRATULATIONS WHERRAS, Polly Peterson is a resident of the City of Edina; and WHEREAS, Polly. Peterson attendo Edina East i{igh School and prepantly has been recognized by her classmates by being elected President of the Student Colinc;aj and Fn3ERL'AS, Folly Peterson, as Miss Teenage Minnesota, participated in tho Ming Teen- ago America Pageant which was hold at Oral Roberts University, Tulsa, Oklahoma, on 'November 27, 1976; and WT1EREAS, because of her charm and talent in playing the Harp, Polly Peterson was chosen second runner -up in the lilss Teenage America Pageant, bringing great honor (Y) to herself and to the City.of'Edina; CQ 'NOW, THEREFORE; BE IT RESOLVED that the Edina City Council does hereby express its most sincere congratulations to FOLLY P1rT);ItSON for these honors which have coma to her and do wish her avery success do: I Dhe " cotncinues bar education through high school and in her futurd years. Motion for adoption-of the resolution was seconded by Councilman Shaw and unani- mously carried. SWINE FLU n1MUNIZATION PROGRAM APPR.F.CIATION EXPRESSED. Counciltan Courtney offered the followi>g resolution and moved its adoption; RESOLUTION OF APPRECIATION S:'HEREAS, in implementing the Swine Flu Immunization Program, Hennepin County hat requested the cooperation of the various Iiennepin County municipalities; and WHLREAS,'in response to this request, immunization clinics were set up 'it the -Edina City Hall and various other locations in the City which were staffed by professional' people and numerous volunteers; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does express its most' sincere appreciation to the many volunteers who gave so willingly of their time as a service to-their fellow men. Motion for adoption of the resolution was seconded by Councilman Shaw and unani- moualy carried. SENIOR CITIZEN HOU5INC ORpinpCE AMENDmm CONTINTED TO JANUARY 20,_1977. Mr. Luce recalled that the Senior Citizen )lousing Ordinance had been continued from the meeting of November 15, 1976; so that the proposed ordinance could be re- drafted to reflect the changes indicated by the Council. Mr. Luca reviewed the revisions proposed to be included in the-ordinance in conformance with instruc- tions of ;he Council at its last meeting and clarified that he,had confirmed that the City could not be more restrictive than the.5tate Building Code. Councilman Courtney expressed his concern that SR-,5 zoning might be permitted in the future -in an increasing number of already dave.loped residential areas in the Gity. Me q pressed patticular concern 'that, as older areas of the, City depreciate in value, tbore,will be increasing pressure for Senior Citizan'development.with developers` contending that economics dictate that they must have a heavier uae.for their property. In response to his request that. safeguards be provided in the ordinance, Mr. Erickson suggested that.it might be appropriate to amend the Comprahonsive Plan and the Housing Assistance Plan to include the Senior Ci.tixen Housing District. Councilman Richards clarified that he is not objecting to the Senior Citizen Hous- ing District as such, but believed that it would be more appropriate in an undcv'- eloped area of the City, rather than in established R - -1 residential areas. .Mr. Luce pointed out that it is important that bus service, and shopping facilities be available for senior citizens. In response to Mr. t.uca's suggastion. that, if a developer cannot include a laundry facility as a "community facility ",ho VOU14 probably eliminate the laundry facility altogether, Council suggestad. that laundry facilities be requirad in SR District developments. Discussion ensued as to the need for parking facilities in SR District developments, with Mr. Luca recalling that a study which he made, a few yearn ago indicated that, it would he necessary to charge $30'por month par garaga stall to; break even finanritilly. Discussion ensued as to whether the Council might be considered "capricious" in establishing more restrictive requirements for SR zoning than for market rate apartments. Mr. William Phillips of The Lanterns Apartments requested that 12/6/76 10J the ordinance provide that garages meet the standards of A ocpurate garage; 2) that .there should be a pedestrian crossing for residents every 150 feet; that Parking spaces should be designed at no additional cost. Councilman Shatf added that it-should be understood;that garages cannot be rented to people oChor.thau kesidents of the apartment building. Councilman Courtney requested that the staff roview the number of parking stalls actually in use for apartments such an Roybet and tho Yorktown Continental Apartments. Mr. Luce suggested that NUB requirements be studied more thoroughly and added that HUD will not subsidize for building garages. As recommended by Mayor Van Valkenburg, Councilman.6how'a iaot- ion was seconded by Councilwoman Schmidt and carried, that the ordinance ba referred back to Mr. Erickson to work out revisions for Council approval on January 17, 1977, and that copies of the revised ordinance be submitted to residents of Via. Lanterns and other interested neightbors for their review be- fore the meeting. 14aridn was seconded by Councilman Courtney. Ayes: C6urtn4, Richarda, Schmidt, Shaw, yan Valkenbura. Nays: hone. ORDINANCE NO. 811 -�A86 GRANTED SECOND REOINO. As presented by Mr. tuco, Counci man Rich Lrds offered Ordinance No. 11 -AUG and moved its adoption, recognizing that the za_ iwg is being approved for the following reaaans: 1. The propos 1 is in confo ace with the postern Edina Plan; 2) The proposed lots meet .�Qn ing restricti a; 3) Tha property is a transitional. property between the ✓ single family ea to tho East and, the industrial uses to the treat: ORDINANCE N0. 811 -A86 ORDINANCE Alff0 NG THE ZONING ORDINANCE (NO. 811)/ T.HE CITY COUNCIL 0 TH3 CITY OV EDINA, MINNE50TA, OkUAT S: Section 1. Pax 7p1h 1 of Section 4 of Ordinance No. 811 amended by adding thlowing thereto: "The extent of Matiple Residence District is enlarg of the following propert t Lots 1, 2 and 3? Rio k 2, Nine We North 2nd A District R-2", Sec, 2, Thi.s.ordianne shall be in full force and publication. Motion for adoption of the Or finance was seconded by Rollcall: Ayes: Courtney, Richards, Sc� idt, fihaw, Van Vg1k Bays: None Ordinance Adopted,' ATTEST; - -- - City Clerk Atbe City is* by the addition which is in Sub - t upon its passage' ian Shaw. RYAN'S ADDITION GRANTED VRELDIINARY PLA'VAPPRODAL. Mr. Luca presented Ryan's Addition located at the Northeast corner f Limerick Lana and Brook Drive for preliminary plat approval, noting tot thi plat had been continued from the meeting of November 15, 1976. Mr./ uca exp' ined that the Proponents are re- questing to subdivide Lot 4, Blo� 9, LaBuo,. Vista Addition do that they may create two lots and an outiot aojacant to NiAlUlo Croak which would be dedleated for park purposes, but that t d Environmental qqality Comaiesion and the Planning Commission had recommended d9filal of the plat fdF the following reasons: 1) The lot -aize9 would be inconsis ant with other lots ii� the LaBuena Vista Addition, and the interior lot woul� be only 117 feet deep 0 areas subdivision regulations - require a minimum lot de-�th of 120 feet; 2) Therdqhave been five requests .(or further oubdivisiou in Ana LaBuana Villa Addition wtiicla have been denied by the Planning Commission o0 /ox the Council. One request�aa appealed to the court, which upheld the City"s decision and found that people who purchased lots in that subdivision had rem on to assume that the lot sizes in'' hat area would not be clianged; 3) Alt] h there are similar lot sizes in th subdivision directly across Brook D Lana provides an excellent. ividing line between l,aBuena Vista tion and the surrounding area. A.sym, 'y of lot sizes and houses presen xists within the LaBuena Vista Addition va ich uoul4 be altered by this subd./Vioion. Mrs. John E. Ryan, owner of the lot in question, reforred to a petition ,Aigned by owners of twolvo adjacent properties (thk name of tdre. Curt Vining, 6gd9 Brook Drive, having boon withdrawn from. the petit n) which . indicated their su art of the plat. Mrs. Ryan pointed out that none of the neighbors had. coma to he meeting to object to tho proposal. She said that tha` newly formed lot would 4 comparable in size to the lots facing on Brook Drive since it has 116 front feet a;Sd contains 12,200 square feet, well above the Edina minianum of 9,000 square jY 1 1 [l 1117/ 77 1jetion for adoption of the resolution was seconded by .Councilman Sbaw. 5 ttallcallt Ay eot Courtney, Richards, Schmidt (except he do Strect ImproveMnt BA- 223), % Shaw'(excopt as to Watermain Improvements Nos. WM -315 and WM -317) )( VaaValkaaburg .Nays: Shaw as to Woentmai.n Improvementa Noe. 1IA1 -315 and IM-317 Schmidt as to Street Improvement No. BA-223 Resolution adopted. ORDINANCE No. 811 -A87 GRANTED 'FIRST READING._ Mr. Luca recalled that Vi'rat Read�- ,_ ing of Ordinance No. 811 =A87 had been continued most recently from tha meeting of'Dacember G,, 1976, and advised that, as directed by Council and requested by residenta in the area, the ordinance ae revised. had been mtiled.out fox rdview and comments of residents. No objections or commend being heard; Councilman Courtney offered Ordinance No. 811 -A87 for 'first leading and moved its n4optiont ORDINANCE NO. 811 -A87 A14 ORDINANCE A14ENDING THE ZONING ORDINANCE (NO. 811) TO ESTABLISH THE SENIOR CITIZEN RESIDENCS DISTRICT AN].) STANDARDS AND RESTRICTIONS FOR THE DISTRICT, AND ADDING DEFINITIONS Tim CITY; COUNCIL O1: THE CITY OF EDINA, MINNESOTA, ORDAINS1 Section 1. Ordinance No. 811 is hereby amended by renumbering Section 12 (Definitions) and Section 13 (Administration) to Section 13 and Section lei, (� respectively. Sec. 2. Section 2 of Ordinance No. 811 is hereby amended by adding a new district to the lint of districts therein contained, are followst "Senior'Citizen Residenco District (Section 12)." Sec. 3. Ordinance No. 811 is hereby amended by adding a new Section 12, as follows. - x "Sec. 12. Senior Citizen Residence District "1. Purpose 8n Intent. The City Council of the City of Edina finds that there is a need in the City at Edina for affordable housing for .alderly citizens, and that: the increasing population of eldorly residents should have available, to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the special social and physical needs of thin segment of the population. Therefore, the Senior C3tizen Residence District is hereby established to accom- modate these needs and to promote the general health, safety, and welfare of the �. residents of the City. "The standards contained heroin are intended to permit residences that, have a mass and intensity of activity that is similar to multiple family residences. with the same numerical identification defined in Section 4 of Ordinance No. .811. "When considering petitions for the transfer of .land to the Senior Citirons Residence District, the 8diAa Planning Commission and Council shall consider the then most recent Housing Assistance Plan approved by the Council, and only chose properties that are designated by or shown on such plan as possible locations for senior citizen residences shall be considered for transfer to, or tranof arred. to, the Senior Citizen Residence District. "It is net the purpose and intent of the Senior Citizen Residence District to allow, and there'shall not be allowed in the Senior Citizen Residence District, convalescent, nursing, rest, boarding care, or similar types of real- dances, homes, or facilities. "2. Senior Citizen Residence District Boundaries. The Senior Citizen Residence District hereby established shall a uxther subdivided into subdietricts designated as District SR-3, District SR -4 and District SR -5, and shall, be Iodated as shown by amendments horeafter.mada to this paragraph. "3. General Standards. Restriction& and requirements sat out in Section 4 (Multiple Residence District) of Ordinance No. 811, in paragraph 3 (ltestricti.ona on Lot Area, Building Bulk and Setbacks), paragraph 4 (Building Design and Cons - truction), paragraph 5 (Distance Between Buildings); paragraph 7 (Accessory Build Ingo), and paxagraph 7 (Parlting), relative to the R -3, R-4 and R -5 Districts, phall sllply to the SR -3, SR -4, and SR -5 Districts, respectively except as speci- fically modified by this Section 12, and itt evejy case the most restrictive applicable standard sot out in said paragraphs shall govern unless specifically modified by the provisions of this Section 12, in which.case the provisions of this Section 12 shall govarn. 114. Specific Uses Permitted in Districts. The following uses are permitted when a building permit and occupancy certificate have been approved by the Plain - ping Director and issued by the Building Inspector, and no persoa shall erect, alter, enlarge, move,-damoliobs use, occupy, or maintain any building, structure, improvement, or'premises without first having obtained such p4rmitst "(a) Prindipal Uses. "District SR.;3; "(1) Senior citizen residences containing not leas than three nor more than 12 dwel.linG units, all but one of Nhich shall be renior citizen duell- ing units and occupied by a single individual 62 yeara of ago or over, or Colo 1/17/77 ftividuals one of whops is 62 years of age or over, and the other dwelling unit shall be designed for and Used by the caretaker or resident manager of the senior citizen reaidenco. "Districts SR 4 and SR-5. "(1) Senior citizen residences containing five. or more dwelling units,. all but one of which shall be ,senior citizen doollina units and occupied by a single individual 62 years of age or over, or two individuals one ofwhom is 62 years of age or. over, and the other dwdlling unit shall. be designed for and used by the carotaker or resident manager of the senior citizen revideuce. "(b) A��CC__eSeorXv Uses. In addition tp those subordinanta sues that ate. clearly and customarily incident to the principal uses, such as driveways, park- ing 'areas and garages, the community facilities required by paragraph 6 of this •section will be permitted on the lot occupied by the principal use. "S. Restrictions on Lot.Areal Building Bulko and Setbacks. "(a ) Required Lot ,Area, The minimum let areas, the maximum allowances, and schedule of allowances set out in paragraph 3 of Section 4 of Ordinance. No, s 811, uaad in the calculation of required lot axed, will be applicable to Districts SR 3, SR -4, and SR-S. respectively, and, in addition; the following.allawaneea era hereby added to to the schedule of allowances: "District Basis and ARount of, Allowance ASR For each senior citizen dwelling unit; subtract 1500 sq. ft. 'ISR -4 and SR -5 For each senior citizen dwelling unit; subtract 1000 sq. ft. rr(b) Lot coyerago and Floor Area Ratio (PAR).. "District Maximum of coverage 11axim�BAR "SR-3 and SR-4 ... 358 r'SR 5 30% 1.2 '!(c) Useabla Lot Area. 'Distr ct ' Sgu€ard Feet Per Senior Citizen Dwelling Unit. SR-3, SA -4, 200, provided a minimum of`25% of the Useable Lot and SR'-5 . Area is designed, constructed, and equipped for (for 5 and recreational use of the occupants of the rear 6 story ' dance and their guests. buildings) SR -5 (for 100, provided a minimum of 25% of the Useable Lot buildings Area is designed, constructed; and equipped for over 6 recreational use of the occupants oA, the resi- stories) dense and their guests. 116. Building Design. and Construction: !(a) Floor Altus. The n um not floor area of a senior citizen dwell - 'irkg emit shall to not less thaa 550 square feet, and the maximum net floor area shs1T tie u6t more than 650 square feet. "(b) Community Facilities. senior citizen residences shall provide recreational, service, and Resting facilities for the use and 'enjoyment of the res'idants of the building and their guests, with a minimum net floor area of 1250, square feet or 15 square feet for each senior citii n dwelling unit, which- ever is greater. , "'ihc facilities Shall bo indoor space furnishad.and conditioned for occupancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swiamsing pools, exercise facilities, Group kitchen facilities, and similar uses. outdoor areas•, laundry rooms, storage areas, mechanical rooms,, hallwaya, foyers, office, commercial or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry facilities. Adequate laundry facilities and equipment,' Including automatic clothes washing and drying machines, laundry tubs, and counter space shall by provided in each senior citizen residence, in a separate room With m minimum floor area of 120 square fact. "7' Parking.. Senior citizen residences shall provide parking that conforms to the setback, screening, surfaeiug; and size requirements for multiple family+ residences set out in.pardaraph 7 of'Saction 4 of Ordinance No. 811, except as modified by the following standards: ' ,(a) One completely enclosed and one exposed parkins spaco•is required for each non - senior citizen dwelling unit. Ono enclosed or exposed parking .apaca is required for each senior ditlrea dwelling unit; provided, however, one -lialf enoldsod or exposed parking space is required par .senior citizen d- 1- ing.unit in a senior citizen dwelling unit in a senior citizen residence, that has an entrance located within 500 feet of a public bus stop that has a minimum of 20 scheduled busses pair day. "(b) In addition, one completely enclosed parking space us required for each vehicle owned by tha management. or stored on tho• site, and one exposed parking space is required for each employee +4110 is not a resident of this senior citizen residence. A, ��g 1/17/77' "W A minimuni •of,. 752 of the panting required harain, for senior citi Zen rosidenaes trust be totally enclosed within the - principal building or all =as'sosy building, !'(d) All,pavking spaees.shall be used only by the occupants of tile . senior citizen residence and their guests and visitors. They may, nowever, also be used on a temporary basis by ,others while making deliveries to an accupatit ar while doing work on the residence or site." Sec. 4. Section 13 (Definitions) of Ordinance No, 811 is hereby amended to add the following definitions: '! 'Senior Citizen Residence' -- A multiple. dwell ing. unit building or,eroup of buildings specifically designed for una by individuals 62. years of .age or ovar, provided the following criteria are.satiafiedt "(l) The site id within an SR -3, SR.-4, or $Rt 5 district "(2) All dwelling units other than the caretaker's or resident rianaocr'S unit are single citizen dwalling units and arc.ocoupied by a dingle individual 62 years of age or over, or two individuals ono of whom is 62 years of age or over. to 'Senior Citizen Dwelling 'Unit' A ono - bedroom apartment with a kitchen, living and storage space, the not floor area ahich shall be not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years.of age or over. ". Sea, 5. This ordinance shall be in full force slid effect imarediately upon its passageand publication. LOT 8 BLOCK 2 MENDELS tIN HRI1;1iT9 DIVISION APPROVED. Affidavits of ldotice ere pro- LOT by Clerk, approve as to form and ordered placed on file. Hr. Luca recalled that there clad b n a proposal.to plat,this property which was dnniad by Council on December 6, 9769 because it would have created two buildaoa lots. He explained that at filat time it had been discovered that a lot in the area had been sold and said teat the proposed lot division would mere confirm that division. 1-jr. Luce emph ized that the division would not creme an nddi- tional buildable lot and that Planning Commission had recommended a proval. Mr. Ed Zatarea, 6324 Waterman Ave., Nas told by an unidentified lady y6presentiiig Mrs.. Un England, owner Of'prope ty at 604 Blake Road, their the revious Scot: Lewis plat haa.been dropped and t1itt there will be no attempt �6 extend Vaterman Avenue West of Blake Road. No further discussion being heard Councilman Courtney offered the following reso2 tion and moved its adop Ion; RESOD ION WH1;REAS, the following described tractp of land are note s parate paicelse Lot 8, Block 2, lfendalssohn Tioigh a; and That past of Lot 29, Mendeloaohn, 14�19!1:11ring t of va ted Waterman Avenue and Main Street described a® followsi at be Judicial Monumeatat the Northeast corner of E1 Rancho Addi; thence along the East line of said El Rancho Addition to an inters tion with a line parallel with and 396 feet North of the South line of sa.ii of 29; thence East along said parallel line and its extension to the es line of: Mirror Laka,Terrace as now laid out and monumenced; thence Nort erly along said West line to the Southwesterly line of Blake Road, theac vthwestarly along said South - westerly line to.an intersection with Lin parallel with pad 20 feat: south of the South line of Block 2, endelss M:Reights, as now.lpid out and iponumeated; thence West along last aid petal of line co an intersection with the Northerly extension of tie East line f said E1 Ransil° Addition; thence Southerly along the oxten$ ion of said Ea t line to the point of beginning; and WHEREAS the owners of the above trsece of land desire to subdivide said tracts into the following described new nd separate parcels ( erain called "Parcels "); Lot 8, Block 2, Mendelssoh Heights and that part o Lot 29, Headel,ssohn, and part of vacated Wate a Avenue and Main Street., Meacribedas follows: Beginning at the Judieia] Monument at tha Northeast cry ner of 21 Rnnche Additions thence, 9outhaitly along East line of said E1 neha Addition to an intersection with "line parallel with and 396 fact' orth of the South lino of said Tot 29; /hence East along said parallel linnd its exten- sion to the West 1 e of Mirror Leko Terraca as now laid, . ut and manu�- menced; thence Noharly along said West line to the Southwesterly line of ]flake Road; ssancc,Northwestdi•ly along said 9outsouth of line to an . intersection with•a line paxallol with and 20 feet South d4 'the South lino of Block 2, 1j (fnde1ssohn Heights as not' 1Aid out sad monuments , Northerly West along }'bst said parallel line to an intersection with ce ut erlYy extension f the East line of said El Rancho Addition; thenceuthorly along th extension of,s.aid East line to the point of beginning except that part.lyAng.Easterly of-the Southerly extension of the Easterly line of snid.L�t 8, Block 2, 15endalssohr► Hai.ghte; and 217177 ltotion for adoption of the resolution was seconded by Cournilm d Courtney. Rollca'lls � ' Ayes. Courtney, Richards, Schmidt, Shaw, Van Valkenburg Hays.. None Resolution adopted. ' ORDINANCE NO. 811 -A87 ADOPTED ON 89COND READING. 11r. Luce presented Ordiudnea No,` 811�A87 for Second ReadinII. Mt. William Phillips of Via Vdfite>,a•raferred to 1° n "Rcntal.ilousing Toole Force Study" for the City of Minneapolis which indicucea tlie:uecd for additional market rate apartments. He suggested that property in the 30th and France area is valuable real estate that would provide housing, for Edina residents who have already raised their families and who would move into apartments if they war available at reasonable market rate prices. Mr.,Philllpa also contended that It should not be necessary to rely'on federally subsidiaad loans, Mx. Lawrence Laukka, 4513 8rowndale Ave,, and Mr. Robert: Martinson spoke In opposition to the aection.of the ordinance which requires .5 total parking spaces per unit, in comparison to 1111D''s requirement: of .25 parking spaces per unit. Mr: Martinson said that it would cost $4,000 per parking stall and that inside heated stalls could run as high as $10,000 pen: stall, Ha ,contended that these : parking stalls would have to vent for $35,00 per .month and -that such ratas would be a burden on elderly residents of the apartments. Mayor Van Valkenbuig advised that the. number of parking stalls required wan based on an, analysis: made by ter:. Luca and referred to the variance contained in tha ordinance under which one -half enclosed or exposed parking space in required per senior citizen dwelling unit in a ;ouior citizen residence that has an entrance located within.500 feet of a public bus stop that ban a minimum of 20 scheduled buses per day. Mr. Luca commented that it is important to assist developers by encouraging them to -bring this typo of housing to the City,. Following discussion, Councilman Shaw offered the following ordinance for Second Reading and moved its adoption: ORDLNANCE 140. 811 -A87 Alf-ORDINANCE AMENDING THE 'LOVING WtHANCE (W. all) To ESTABLISH THE SENIOR CITIZBN RESIDENCE DISTRICT AND STANDARDS AND RESTRICTIO.iS VOR THE DISTRICT, AND ADDING DEFINITIONS Tar, am COUNCIL OF TiIE CICY 08 fiDIN , MYNNESOTA ORDAI1481 Section 1. Ordinance No. 811 is hereby amended by renumbaring Section 12 (Definitions) and Section 13 (Administration) to Section 13 and Section 14, re3peCtiVely. ' Sec. 2. Section 2 of Ordinance No. 811 is.hcxeby amended by adding a new disc tvict to the list of diatricta therein contained, as followas "Senior Citizen Ruaidencn District (Section '12). " See. 3. Ordin :anca No. 811 is hereby amended by adding a mew Section 12, as Eo=lloiia s "Sac. 12. Senior - Citizen Residence District "1. Purpose and Intent. The. City Council Of the City of Edina finds that there In a need in the City of Edina for affordable housing for elderly citizens; and that the increasing population of alderly'residents should have available to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the specia],•eocial and physical needs of this segment of the population. Thore- fore, the Senior Citizen Residence District io hereby. astablishad to accommodate these needs and to promote the general health, safety and welfare of the residents of the City. The standards contained herein are intended to permit residences that have a mass and intensity of activity that is similar to multiples gamily residences vlt' the same numerical identification defined in Section 4 of Ordinance Na. 811. "tiAten considering petitions for the transfer of land to the Senior Citizenns Residence District, the Edina Planning Commission and Council shall consider the then most recent Rousing Assistance plan approved by the Council,, and only those properties that are designated by or shown on such plan as possible locations . for senior citizen residences shall be considered for transfer to, or transferred to, the Senior Citizen Residence District. "2t is not the purpose and intent of the Senior Citizen Residency District to allow, and there shall.not be allowed in the Senior Citizen Residence District, convalescent, nursing, rest, boarding cars, or similar typos of residences, homas, or facilitiao. "2. Senior Citizen Residence District Boundariea. The Senior Citizen Rest - dance District hereby established shall bo further subdivided into. aubdistricta designated as District SR -3, District S9-4, and District: SR- 5,.and shall be located ins sltotrn by amendments hereafter made to this paragraph. "3, General Standards. The restrictions and requirements set out in 5ecelonn 4 (Multiple Residence District of Ordinance No. 811, in paragraph 3 (Restrictions on Lot Area, 'Building hulk and Setbacics), paragraph 4 (building, Dosign and Construction), paragraph 5 (Distance between Buildings), paragraph 6 (accessory Buildings), and paragraph 7 (Parking), relative to the R -3, A-•4 and R-5 Districts, ahall,appiy to the 8R -3, SR •4, and Slt 5 Districts, respectively, except no speai- �. 2/7/77 73 fically modified by this Sectlan 12, and in every Casa the most restrictive appli- cable standard set out in said pbragraphs shall govern unless specifically modified by the provisions of this Section 12, in which case the provisions of this Section 12 shall govern. "4, Spec ific.Uaes Perm&cd.in.,Districts. The following uses are permitted when a building permit and occupancy certificate have been approved by the Plan- ning Director and issued by the Building Inspector, and no person shall erect, Alter, enlarge; move, deinolish, use, occupy, ox maintain any building, structure, improvement-or premises without first having obtained such parmitst "(u) Principal Uses. "District SR -3s ' "(1) Senior citizen residences containing not lass' than three nor more than 12 dwelling units, all but one of wbi.ch shall be senior. Citi cn dwelling units and occupied by a single individual 62 years of ago or. over, or. tcao individuals, dna of whom is 62 years of age or over, and the other dwelling unit shall,be designed for and used by the caretaker or resident manager of the senior citizen residence. "Districts SR-4 and SR -5s "(1) Senior citizen residences containing not lees than three nor more than 12 dwalling units, all but one of which shall be zonior citizen dwell - inging units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over and the other dwelling unit shall. be designed for and used by the caretaker or resident manager of the senior citizen residence. "(b) Accessory Uses. In addition to those subordinate uses that are clearly and customarily incident to,the principal uses, such as driveways, parking areas, and garages, the community Facilities required by paragraph 6 of this section will bo parmitr9d on the lot occupied by the principal use. "S. Restrictions an Lot Area, Building Bulk, and Setbackb_ "(a) Required Lot Area, The minimum lot areas, the maximum allowances, and schedule of allowances,set'out in paragraph 3 of Section 4 of Ordinance No. 811, used in the calculation of required lot aria, will be:applica.ble to Dis- tricts SR -3, SR-4, and SR-5, reapectively, and, in addition, the following allow- ances are hereby added to the schedule of allowances- "District Basis and Amount of•Allowanaa "E;R_3, For each senior citizen dwelling unit, subtract 1500 sq. ft, ; "SR-4 and SR a3 For each senior citizen dwelling unit:: subtract 1000 sq. ft, "(b) Lot Coverage and Floor Area Ratio " District Muxipmum lot Cavern iJaxl -u- FAR gR-3 and SR -4 332- - "SIt -5 30X .1.2 "(c) Useable_ Lot Area. "District lli trict Square Feet Per Senior Citizen Dwenc Un i it SR -3, SR-•4 and 200, provided a minimum of Z5X of the Useable SR -5 (for 5 and 6 Lot Area is designed, constructed, and equipped story buildings) for recreational use of the occupants of the residence and their guests. 11SR-5 (for buildings over :100, provided a minimum of 25% of the Useable 6 stories) 'Lot Area is designed, constructed, and equipped for recreational use of the occupants of the xocidence and their guests. 116, Building Design and Construction. T' "(a) floor Area. The minimum net floor area of a senior citipan dwelling unit shall not be lees than 550 square feet, and the maximum net floor area shall not be more than 650 square feet. "(b) Comwuniy L3eilities. Senior citizen, residences shall provide ra .Vrc- ational, service, and meeting facilities for the use and enjoyment . of the residents of the building and their guests, with a minimum not floor area of 1250 square feet or 15 square Peet for each senior citizen dwelling unit, whichever is greater. "The facilities shall be indoor space furnished and conditioned for occu- pancy all year. They may.consist of meeting rooms, bobby room*, Same rooms, swimming pools, exercise facilities, group kitchen facilities, and similar uses. Outdoor uaea, laundry rooms, storage areas, meciwnical rooms, hallways, foyara, office, commercial, or any circulation space or purely ornamental areas shall not be included to satisfy thin requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment, includ- ing automatic clothes washing and drying machines, laundry tubas and counter spacer shall be provided in each senior citizen residence, i:n a separate room with a minimum floor area of 120 square ,feat. "7, parking. Senior citizen reaidencoa shall provide parking that conforms 2/7177 f . 74 to the setback,,aereening, surfacing,' and size requirements for multiple family residences set out in paragraph 7 ,of Section 4 of Ordinance -14o, 811. excapL as vwditi.ed by the following staudardse "(a) One completely enclosed and one exposed parlcing!4pace is required f'or each non senior citizen dwelling unit. One enclosed or exposed parking space Is required for each senior cikisen dwelling unit; provided, however, one -hallo enclosed or exposed perking space is required per senior citizen dwollinl unit in a senior citizen residence that has an entrance located within 500 feet of.a public bus stop that has a.minimum of 20 scheduled buses per day. "(b) In a4dition, one completely enclosed parking space is requited f-or each vehicle owned by the management and etored on the site, and One e.,ipo ed park- lug space is required for each employee who is not a resident of the senior citizen residence. • "(c) A minimum of 752 of' the parking required herein for oenior citizen reaidencea must be totally enclosed vi.ehin the principal building or an accessory building. "(d). All parking _ spaces shall be used only by the oteupanta of the senior citizen vesidance and their guests and visitors. They may, however, also be used on a temporary basis by others while making deliveries to an occupant or while doing work on the residence or site," Sat. 4, Section 13 (Definitions) of Ordinance No, $11 is hereby amended to add to the following definitional " Senior Citizen Residence' -- A multiple dwelling unit building. or group of buildings specifically designed for use by individuals 62 years of aaa or over, provided the following criteria axe oatisfied: "(1) The cite is within an SR,3, SR -4 or SR -5 District, "(2) All dwelling units other titan the caretaker's or resident manager's unit are senior citizen dwelling units and are occupied by a single individual 62 years.of ago or over or two individuals one of whom is 6.2 years of age or aver. "'Senior Citizen Dwelling Unit' A one. - bedroom apartment with n kitchen, bathroom, living and storage space, the net floor area of which shall be not less than 550 square feet or more than 650 square feet, and specifically designed for occupancy by a aingla individual 62 years of age or over, or two individuals one of whom is 62 years of age or over." See. 5. This ordinance shall be in full force, and effect immediately no= its passage and publicaki.on. Motion for adoption of the ordinance was seconded by Councilman Courtney, • 1lalloall: Ayes: Courtney, Richards, Schmidt, Show, Van Valkenburg Naya:. - Ilona Ordinance adopted, ATTEST: Mayor City.Clark � , ORDINANCP NO. 8\1-A88 GRANTED FIRST READING. Affidavits of Notice ware proacxited by the Clark, app oved as to form and ordered placed an filo,,, N.r. Luce presented Ordinance No. 811- a8 for First Reading, recalling that temporary sales in the Planned Industrial $ki�strict are permitted only by ordinp4ce, 'rho date established in the existing ordind ca having expired, Planning Csaion'recommanded extend- ing the date for one additional year. No objer,tio6 being heard, Councilman Courtney offered Ordinance No. 811 -A88 for Firs t ,,Reading as follows: ORDINANCE No. 8 }4 -7488 All ORDMAN09 PSENDIIIG THE 20NId+1G ORDINANCE (N0. 811) TO 13XTELID T EXPIRATION pl�TE OF THE AMENDMENT THERET( I,= IN ORDINANCE 110. 811 -•A60 THE CITY COUNCIL 017 THE C T OF NINA MINNESOTA, ORDAINS: ' Section 1. Subparagraph (c) of , �aragraph 3 of Section 10 of Ordinance No. 811 (Temporary Retail Sales) is ha eby amended by deleting from sentence (9) thereof the date "December 31, 1', and.inaerting in lieu thereof the data "Uac- ember 31, 1977 ".. Sec. 2. This Ordinance sbe iq full force and effect upon its passaga and publication. oRDINANCE 110. 811 -A89 GMVED FIRST READING. Affidavita of Notice were presented by the Clark, approved a to form and ordore��{ placed on file. Mr. Sand prdBaftted Ordinance No. Pill -A" Y First Reading, advitling that thin parcel of land con - tains the Alinnchahn G aitgc Holt and the Old Ca ill School, both build Was being on the Register of 1 storie Places. lit. Foster`punwiddio urged the approval of the zoning. No objections being heard, Councilmah Richards offered the following ordinance for First Rending: r U ORDINANCE .NO. 811 -A152. AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO, '811) SENIOR CITIZEN RESIDENCE DISTRICT TO ADD HANDICAPPED UNITS AS AN .ALLOWED USE, TO ALLOW TWO BEDROOM UNITS, TO PROVIDE MINIMUM AND MAXIMUM REQUIRED FLOOR AREAS FOR HANDICAPPED AND TWO BEDROOM UNITS, AND TO REDUCE ENCLOSED- PARKING REQUIREMENTS THE CITY COUNCIL OF THE CI'T'Y OF EDINA, MINNESOTA, ORDAINS: Section 1. Subparagraph (a) , of Paragraph 4, of S. . eption 12 or Ordin- .ance No. 811, Is hereby amended to read as follows: "District SR -3: 11(1) Senior Citizen residences containing net less than three nor more than 12 dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two Individuals one �of whom is 62 years of age or over, or a handicapped individual, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen resident. } "District SR-4 and SR -5; "(1) Senior Citizens residences containing five or more dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a : single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, or a handicapped individual, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. Section 2. Subparagraph (a) of Paragraph 6, Section 12 of Ordinance No. 811, is hereby amended to read as follows: "(a) Floor Area. The minimum net floor area of s one. bedroom senior citizen dwelling unit shall not be less than 550 square feet, and the maximum net floor area shall be not more than 650 square feet. The net floor area for a one bedroom unit designed for occupancy by a handicapped Individual shall not be less than 550 square feet, and the maximum net floor area shall be not more than 700 square feet. Two bedroom senior citizen dwelling units shall have a minimum net floor area not less than 750 square feet; ._and a maximum net floor area of 850 square. feet. No more than 10% of the dwelling units in any senior citizen residence may contain more than one bedroom. A Section 3. Subparagraph (c) of Paragraph 7, Section 12 of Ordinance No. 811 is hereby amended to read as follows; "(c) A minimum of 50% of the parking required herein for senior citizen residences must be totally ehclosed within the principal building or an accessory building 9 'Y G 41711 Ordinance No. 811 -A152 Page 2 Section L1. The definitions of Senior Citizen Residence and Senior Citizen Dwelling unit in Section 13 of Ordinance No. 811, is hereby amended to read as follows: Section 13 (Definitions) : "'Senior Citizen Residence' -- A multiple dwelling unit building or group of buildings specifically designed for use by individual G2 years of age or aver, or by a. handicapped individual, provided the following criteria are satisfied: 6(1) The site is within an SR -3, SR-4 or SR-5 District.. (2) All dwelling units other than the caretakers or rosident manager's unit are senior citizen dwelling units and are occupied by a single individual two dual dividuals one of whom is. 62 years. of age or 62 years of age or over, or over, or by a handicapped indivi "'Senior Citizen Dwelling Unit' -- A one bedroom apartment with a kitchen, bathroom, living and storage space, the net floor area of which shall . be not less than 550 square feet nor more than 650 square feet, and specifically or over. designed for occupancy by a single individual 62 year's of and storage space, A one bedroom apartment with a kitchen, bathroom, living the net flog area of which hall be not less than 55.0 square feet nor more than 700 square feet, when the unit is specifically iatme designed kitchen, en, occupancy a handicapped individual. A two bedroom apartment with a Kitchen, living and storage, the net floor area of which shall be not less than 750 square feet nor more than 850 square feet, and specifically designed for use by two .: individuals, one of whom is 62 years of age or over. Section 5, This ordinance shall be in full farce and effect immediately upon its passage and publication. First Reading: September 21, 1981 Second Reading: Waived published in the Edina Sun on September 30, mayor 198:1 AT`T'EST : City Cleric 13 vljIN J E.60R A. COR- suuparbggraoh la). of Of Seel latnchded or- 1. t11 hc'% QW01 . . , ' ., cnm s more no of mnnaaer it the 58.4: erjs rcalda�Cc' �hfch ihalilbe 7/20/81 ISO NO{•l, TuREPORE, BE IT RESOLVED by the City. Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracks of laiid:is hereby approved and the requirenento and provisions of Ordinancd No. 801 and Ordinance No. 811 are hereby waived to allow Paid division and conveyance thereof as'Pcp - arate tracts of land but are not waived for any other purpose. or an to, any othOv prevision thereof, and subject, however, to the provision that no furthers di- v1010n be made of caid�Parcols. unless made in compliance, with the partinen tie ordinances of the City of Edina or with the prior approval of this Council: as .may be provided for by those ordinances. Motion fov.adaption of the resolution was seconded by Member Turner.. RollcallI ,Ayes: Bredescn, Richards, Schmidt, Turner, Courtney Naysa Note Resolution adopted. ORDINANCE 110. 811 -A149 GPOTED FIRST READING. Affidavits 'of Notice were_pre- sented by Clark, approved as to fgrm and ordered placed on file, Mr.'llugl►ea recalled that, at the (lousing and Redevelopment Authority Keating of July 6,' 1981, a resolution was adopted authorizing acquisition of property owned by Hedberg a Sons and by 7500 York Cooperative, which property.is.generally loca- ted Nest of York Ave, and North and South of Parklawn Ave. lie described a land trade which would provide a more suitable site and advised that this hatter is being presented to Council at this time for Council's review and reaction -be fore the developer pioceeds further with eita.plans, Council was advised that the proposed development is for n seven story, 100 unit building with 90 one bedroom units, five one bedroom units for the handicapped and five two bedroom units and that craft rooms; community rooms, lounges and arts and crafts rooms pill be included, along with 44 exponed.parking spaces and 30 garage .spaces. llr. Hughes explained that the proposed project will be built as•.a Section 202 elderly building, with Community Development Corporati6n, a division of the Catholic A.rchdioces% as thn applicant /developer and Edina Community Lutheran Church as the local sponsor, and that seventy of the proposed units will be subsidized under the Section S. ReaL'ASsistanea program with the remaining units to be offered On a market rate basis. Mr. Hughes advised that the proposed development ebnforms to thu'draft Comprehensive plan and that the density of 25 units per acre compares with othax buildings in the area. Council was advised that the plan is lacking in garage spaces as required by ordinance, but that evidence will be submitted documenting anticipated parking needs. It wan also pointed out that, since the ordinance was adopted limiting senior housing to one bedroom par gait, there are often circum- 'Stances where two bedrooms are necessary. Mr. Paul Madson with Arvid Elness Arch itects showed drawings'of the proposed building and reviewed the amenities. He 1 explained that he,has a tight time frame and hopes to close with H.O.D by Auguot 1S, 1981. Ms. liadson also advised that there is ample room to build more garages in the event that the garage variance Is not granted, but explained that, in the 202 Program, H.U.D. does tat recognize garages and that budget Iimitations limit the number of garages that: can be constructed with this type of financing- AL resident of Edina Place was told that the building would have a 67 foot set- back from the South lot line, Mr. Falter Raker, reprasonting 7500 York Associates, said that ho hind no objections to the proposal, as long as the lend exchange can be completed, but that he would object if the land exchange could not be accom- plashed and condemnation.become necessary. no also expressed his objections to, the exterior finish of the building proposed by Mr. liadson. In responea to Mem- ber Richards' suggestion that land negotiations should be between 7500 York Coop - erative and Hedberg 8 Sons, Mr. Hughes explained that it is the H.R.A. that is encouraging the project. Mr. Erickson clarified that Community Devolopment.funds are being used and that the H.R.A. should have control in order that proper steps are taken which will conform to State law and Federal regulations. No further discussion being heard, Meabor nrodesen offered Ordinance No. 811 -A149 for First Reading, subject to the following conditions. 1) that the building have a brick exterior; 2) that evidence of parking need be furnished the City; 3) that the Zoning Ordinance be amended to allow a maximum of 102 two bedroom units of.not . more than 825 square feat; and 4) that an exchange be made of the South two, acres (approximate) of the Hedberg property for'the property of 7500 York Cooperative on York Ave, prior to final rezoning approval= and 5) that the site be C04"alled by Community Development Corporation'or.the Edina H.R.A. at the time of ¢econd Reading and the time of rezonings ORDINANCE NO. 811 -A149 Art ORDINANCE. AMENDING T11Z ZONING ORDINANCE (NO. .all) DY ADDING TO 111E SENIOR CITIZEN WR SID1;NCB DISTRICT ,Ilia CIly COUNCIL. OF 211H CITY OF h )114, MINNESOTA. ORDATNB � Section 1. Paragraph 2 of Section 12 of Ordinance 811 of tha City Is amended by adding the foliooing thereto BE 7/20/01 "Tho extent of the Senior Citizen hesidenca District in enlarged by the addition of the following property: i Outlot A, tbenezer Society lot Addition and the Wcst ono half of the Northwest one quarter of the Northeast one quarter of the_South- vast one Quarter of section 32, Township 28, Range Sec, 2. This ordinance shall be in full force and affect upon its passage and 'publication. BRANDT ADDITION PRELIMINARY PLAT CONTINUED TO AUGUST 3 1981. As recommended by $r. Hughes., Member Bradesen a motion was seconded by Member Schmidt, continu- inn preliminary plat of Brandt Addition to August 3, 1981. Ayes.: Bxedesen, Richards, Schmidt, Turner, Courtney Naya: Nona Motion carried. hVNTEK HOM@S MIDWEST GARAGE VARIANCE DENIED. tlr. Hughes recalled that the Board of Appeals and Adjustments line denied the request of Centex Ilomea Midwest. for a variance from the. required 1.23 enclosed parking spaces per dwelling unit to oaa enclosed parking space. He recalled that the Community Development. and planning Commission has recommended that the City and Centex enter into A Proof of Parking agreement whereby the first phasa'of the project would serve as a sample to dater- mine the need for and marketability of the garages: In response to.questions as to whether 1.25 enclosed parking spaces per dwelling are actually nacesaary* (� Xamber Richards recalled past discussions of Council in which this number of park -• ing spaces was considered a minimum.: Mr. Timothy R. Eller, Vice Presidant of ..� Centex Boman Midwest, Inc., said that his company has determined that it is not fair for all owners to pay the extra coot of garages when they are required by only ' a few. Stating that he could sea no evidence that the naed of parking spaces. Q required by ordinance should be reduced, Member Ri.chards'mation to reaffirm ''t the decision of the Hoard of Appeals and Adjustments to deny the variance from 1.25 enclosed parking stalls was seconded by Member Drodeson.: Ayes: Bredesen, Richards, Schmidt. Turner, Courtney Nays: Norte Motion carried. RAUENHORST CORPORATION SIGN VARIANCE DENIED. Mr. Itughes presented the appeal of Rauenhorst Corporation for a second free- standing building identification sign for the Edina Office Center located•ou .Franca Ave. at W. 76th Street. Ho showed a picture of the building with the *existing sign andhexplainad that Control Bata has requested installation of a second sign about half way'down the site on Prance Ave. up- explained tbat this additional sign would be permitted if the property was in the Office Building District but that the Board of Appeals and Adjustments had denied the request, largely on the basis that there are other buildings with simi- lar, potential in the Planned Industrial District and that a precedent would be sat if this sign should be allowed. Mr. 1lughes suggested the possibly amendmentato the.sign ordinance so that all office buildings in the Planned Industrial District could enjoy the some sign privileges as buildings in the Office But1ding District. Ms. Michalb Poster, representing Rauenhorst Corporation, referred to a letter from Rauenhor6t Corporation setting forth reasons for granting the variance, She pointed out that ibis property was zoned Planned Industrial Diotriet for the mutual benefit of the City of Edina and Rauenhdrat Corporation and that "due to the unique history and extensive discussions regarding development of thin area" that a precedent would not be sat regarding other sites in the City.. .Ms. Poster said that the ordinance is inconsistent inasmuch as office developments located on corner sites in commercial. regional medical and office building districts are parmi.ttad one sign for each street frontage and that even multi- Conant buildings In industrial districts are permitted additional Stall signs for each tenant with a private entry. She pointed out also. that the total square footage Of the two signs is loss than the 80 square feet permitted on one sign. 14r. Milles•Roher, representing Control Data, explained that the existing sign on that corner in on a 45 degree angle and that customero have trouble finding their office inasmuch as this sign cannot be seen easily from France Ave. Mr. dames Nygaard of Rauen- horst Corporation, explained that the existing sign could be moved and additional words added, but that the sign would not be as pleasing, It wan also pointed out that if Control Data had a separate entrance, they could have a wall sign. Member Brodesen`s motion granting the request for an ndditional sign an the site was seconded by Member Turner. Ayers► '3radesen, Turner Nays: Richards, Schmidt, Courtney Motion failed. Al 16 A .91/21/81 228 RESOLUTION GRANTING PREL1141HARY PLAT APPROVAL rOR FDINA OFFICE CENTER 214D ADDITION BE IT RESOLVED by the Nioa. City Council that that certain plat, known :00 Edina Office Center 2n4 Addition, platted by Rauenhorst Corporation, and presented at the rAina City Council Meeting of September 21, 1981, be and . is hereby granted preliminary plat approval conditioned upon: 1) dedication of necessary Yigltt of way for. France Avenue, and 2). owner of Lot 1 entering into an agreement with the City and placed of record which acknowledges tile reduced lot size and that the vpo,of the existing building is limited to uses which can; satisfy parking require- ments by way of the existing parking lot. Motion for approval of tiie resolution was seconded by Member Turner, ltollcall s .,Ayes. Bredesen, Schmidt, Turner, Courtney Nays: None Resolution adopted. Member Bredesen noted that the City has been pleased with the Rpxk done. by uen- borst Corporation over the past several years. ' SENIOR CITIZEN RESIDENCE DISTRICT AMEND111PT (ORDINANCE NO. 811 -A152) ADOPTED; SECOND READING WAIVED. Affidavits of Notice were presented by Acting Clerk,.approvad as to form and ordered placed on file. Me. lfugheo recalled that the senior Citizen Residence District Ordinance was adopted several.years ago but has never been. put to the. test. With the rezoning and plat approval for Edou .Place Addition for an elderly housing project. W numbor %of changes to the ordinance were indicated. Mr. .Hughes advised that the proposed amendment would add handicapped unite ss an allowed use, would allow two bedroom units; would provide minimum and maximum required floor areas for handicapped and two bedroom units and would reduce the requirement for enclosed.parking, 'TIIC: Planning Commission rccommcnded approval with waiver of sricoad reading of the ordinance. No objections being hoard, Member. TurRor offered the following ordinance and moved ita adoption 70VIng.second reading: ORDINANCE 140'. 811 -152 AN ORDINANCE AMENDING 'L7iE ZONING ORDINANCE (NO. 811) SENIOR CITIZEN RESIDENCE DISTRICT TO ADD ilAhDICAPPED UNITS AS AN ALLOWED USE, , TO ALLOW mio BEDFROOM UNITS, TO PROVIDE MINIMUM AND MAW -IUM REQUIM -D FLOOR AREAS FOR HANDICAPPED AND TWO IIEDROOM UNITS, AND TO REDUCE IINCLOSISD PARKING RE UIRRNENTS TAF.. CITY COUNCIL OF THE CITY OF EDINA, I4INNESOTA, ORDAINS: Section 1. Subparagraph (s).of paragraph 4, of Section 12 of Ordinance No. 917 is. hereby amended to read ate Follows: "District SR-3i "(1) Senior Citizen xcoidences containing not loan than three nor more than 12 dwelling units, all but one of which shall be senior citizen duelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, or a handicapped individual, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen. resident. "District SR -4 and SR -5: 11(1) Senior Citizens residences containing five or more dwelling units, all but one of which shall be senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years. of use or aver, or a handicapped individual, and the other dwelling unit shall be :.es designed for and used by the caretaker or resident manager of the senior citizen residence. Section 2c Subparagraph (a) of Paragraph 6, Section 12 of Grdillaisce No, 811, its hereby amended to read as followq: • "(a) Floor Area. The minimum net floor area of a one bedroom senior citizen dwelling wilt shall not bps lava than 550 sryuare feet, and the maximum net floor area shall be not snore than 650 square feat. Tho net floor area for a one bedroom unit designed for occupancy by a handicapped individual shall not be lose than 550 square fast, and the maximum net floor area shall be.not.Marc than 700 square feet. Two bedroom senior citizen dwelling units shall have a minimum pet floor area not less than 750_squars feet, and a maximum net .Floor area of 850 square feet, No more than 102 of the dwelling units in any senior citizen residence. may contain more than one bedroom. Section 3. Subparagraph (e) of Paragraph: 7, Section 12 69 Ordinance No. 811 Ia. hereby amended to read as followse "(c) A minimum of 503 of the parking required herein for senior citizen Yeoidenees must be totally enclosed within the principal building or an accessory building. Section 4. 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3au: oqj 'ooeds 99uaa2s pus 9uTATj 4tuoozg3vq 'uago '4Til a g3TA 4uowulodu taoozpaq auo V •avno ao bSu 30 0xa3v,t Zg TunpT&TpuT oTSuTs a 2111 .Cauedna0o aoa pausTsop TTvaT3TDads puo 'aool 0avnbs Ogg Uvga oaom xou 4aa; asunbs OSS uaaq; ssaT IOU vq TTat(s quFtla 3o uvsv aooT3 4vu eq2 'aouds oSoxoao puv SuTA•TT 'utooxg4eq 'uag32x�i a t1a1M 4Uam'4xeda' Uloaapoq .alto V — ,ITUR - gUTTTama uazTM WFUDS1„ . - TvnplATpuT padduzjpusq a Aq ao 'aano ao Pita ,3o oavus Zg . aT mogm 3o quo sTenPFATPux om ao ':tons xo Duo 3o sasaad Zo TvnpTATPUT uT9uTS v A P00"ao vau puv n2Tun SUTTIVAP uazT:IT3 xoTUDO vsv 4TUn 5,a099uva 3MPTs02 zd s,aoiluaaavo 0113 uvq; avgzq o '4Tun SuTTTomp TN (Z) '3oT34sFQ S=BS 10 .t -8S 'E 11S tt0 UT4 3Trt sx o118 aq,L ('C),t " 1PaF3eT '4v9 Pau aT jT.1.O SuletOTTa; ega PvpTAoad 'TonPTATPuT pDddvo'T:puvtl:v Aq ao 'nano io offil ;o.eaeaA.Zg tegpTATpu; Aq von ao; pou8TaloP suuFpTTnq 30, dnoa9 ao VuTpT -Tnq aTUn SuTiTum*p vTi1T4Tnl{ V - uvouaPTrMu UO2TITO xdluas,,i s(suoFaTUTJva) �T UOTa3aS 1"Vo ' RDINA CITX.COUNCIL °`H,•y � ` SPECIAL COUNCIL MEETING October 31, 1983 Auswering rollcall were Members Richards, Schmidt, Turner and Mayor Courtpay. CA t} (�i' r:�ir��i ORDINANCE NO. 216 -Al EXTENDING MORATORIUM IN TIM R -1 ZONING DISTRICT GRt1NTh't� VT1RCm READING. Planner Hughes advised that mailed notice had bean sent to the list of all rxon- residential property in the R -1 District who had been notified at the time the moratorium was proposed. The moratorium prohibited construction of new improvements omd expansion of existing improvements on land in the R -1 Zoning District except for single family dwellings for a period of ninety days and the proposed amendment would extend it to the first regular Council meeting in January of 1984. This would enable Council to review a draft Zoning Ordinance which will regulate and control, among other things, the size and impact on neighborhood property of nog.. residential improve - ments in the R -1 Zoning District, as established by the existing Zoning Ordinance of Edina. Appearing and speaking in opposition to the ordinance amendment was Tom Donnelly, member of the Building Committee of Our Lady of Grace Church. He commented that the committee has spent the last 18 months on a research and feasibility study regarding projected.space needs for the church and the extention of the moratorium would further delay their planning. No further comments being.heard, Member Turner offered Ordinance No. 116 -A and moved its adoption with waiver of Second Reading. Motion for adoption was seconded by Member Richards. Ro]lcall: Ayes: Richards, Turner, Courtney Nays: Schmidt Motion failed. (4/5 vote needed to waive Second Reading) Xember Richards thereupon offered Ordinance No. 116 -A1 for First Reading as follows: ORDINANCE 140. 116 -A1 AN ORDINANCE AMENDING ORDINANCE NO. 116 TO EXTEND THE R -1 ZONING DISTRICT MORATORIUM T» CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 116 preceding the colon is amended 'to read as follows: "Moratorium. From the effective date of this ordinance to the first Regular Council meeting in January of 1984, subject to earlier termination or extension by the Edina City Council, the Edina City Council and the Edina. City staff shall not:" Sec. 2. This ord- Inance shall be In full force and effect upon its passage and publication. Motion for First Reading was seconded by Member Turner. Rollcall: Ayes; Richards, 'Turner, Courtney Nays: Schmidt Motion carried. REVIEW OF REVISRD ZONING ORDINANCE BEGUN. Mx. Hugheo reviewed with. :Council Members an Executive Summary of the Revised Zoning Ordinance, stating the objectives of the revision, and then pointing out the major revisions of the, ordinance. Included were, the following: Section 3. Definitions Section 4. Administration and Procedures Section 7. General Provisions Section 8. Single 1hielli.ng Unit District (fit -1) Section 9. Double Duelling Unit (R-2) Section 10. Planned Residence District (PRD) Section 13. Planned Commercial District (PC) Ciq Hall isection 14. Planned Industrial.District 952 -917 -8861 Section 17. ILO1 bVEST nrhl STREET Heritage Preservation Overlay District FAX 95» -3Zb -039() S ion 18, MtNr:sccA. ,5[? VdM, on 19. Flood lai QLMINA, 4 Parking and Nola ( ue h air $eetion 20. g Aa Landscaping and Screening ].0/31/83 A 11'7 L L PARTICIPATION IN EDINAMITE 183 SERVICE AUCTION DISCUSSED: Member. Turner a&vJsed that she had conferred with Mr. Rosland re ardin a. ro ect,for the idinamito Sexv ce Auct on as.d�rected by Mayor Courtney. They would recommend a.sik4l ar e e� t as that of last year to be held at Braemar Park with dinner. for k0 peopl�4b�e��� I'?�;�1Ilil by the Council Members and their spouses sometime in ,January or February of X9$4. It was informally agreed to commit to such a service project for EDINAMITE '83, with a minimum bid to be determined'for one event and that a second event would only be offered for double the high bid. MEMB ISH%P ON 1984 LMC CONFMNCL''PLANNING COMMT'rT E NOTED. Alembex Turner called attention to the memorandum from the °League of Minnesota Cities, asking for interested persona to serve on the 1984 LMC Conference Planning Committee for the Annual Conf- erence to be held in Duluth, June 12 --19. As requested, copies of the memorandum will be included In the next Council packets. No action was taken. Mayor Courtney then declared the meeting adjourned at 8:30 p.m. City Clark �t i• C 952- 927 -8861 City Hall FAN 932. 426 -034) �I:]ol WEST VITH STRUT � 7TY 952 - 820.0371] AINA, A.MN610TA, 55.1•14.1 394 bYW�V.CII }'ntCf��118.CU111 a� �1% `owJ r ��( 183 west side to accomodata State funding requirements as to width. Vandal.]. Malin, 5.717 liandan Road, asked about the proposed roadway changes in alovation.. M *. HgfEman reeponded that changes will range from 6 inches to 12 inches maximum and that the City would work with property owners on both aides to try to make the.voaduay_,fit with th driveways. 'Grant North, 5804 Hansen Road, asked what the requirements wore for ate Aid funding and if sidewalks wore included. Ile commented that he did vet nee n parking lane in front of his hom but that there is a. need for a POW sign at son Road and Grove Street to a w traffic coming off the hill. Mr. Hoffman eta that for State Aid funding, the required minimum widths wore. 32 feet with no p ing on either aide and. 36 eat with parking allowed on one aide and that the State 'imposed minimum width in order to provide uniformity for collector streets:_ He rated that sidewalka are a local issue and that. the Council for the past tan years It followed a polic of pzovlding'sldewalks on tiro major 'streets when improvements a constructed insure pedestrian Safety: .George Damko, 5716 ltansen Road, que;stione he V.acemen of mailboxes in relation to eho sidewalk and if problems would arise wi the post office for mail delivery. Mr. 'Hoffman advised that the recommended pro duce i for the mail vehiolas :to drive up: on the sidewalks to roach the mailboxes, to rive up on the driveway aprons to the boxes. John Ward, 59.16 Manson Road, red he would prefer the 32 fooC:width for the portion south of West 60th Street that State Aid funding -could be. obtained which would lessee the amount propos t a aaseused.for that portion: Christian Ries, 5800 Hansen. Road, asked how v aced ova Street on the west aide would be handled, Mr. Hoffman orated that driveway ran would bo constructed for the, road back to those properties and he owners w ld be assessed. Don tars, 5900 Hansen Road, commented that he w Id prefer to s a 'saw bituminous roadway at (, the 32 foot width without curb d guitar to prose a the country look of the road m and that 11a was strongly oppose to the proposed si alk. Jay. Addy, 5801 Hansen Road, asked that the residents on Hansen Road be poll as to their preference for a.32 foot versus 36 foot advay, and also as to pu ing in the sidewalk. Pate Obarmyev. 5913 Hansen k d, stated tie would prefer t a 32 foot roadway with State Aid funding be a roved. Harold Duoos, owner o the k'estchester Apartments at 5525 Hansen. ad, said that if the road is wid ad and improved it will speed up the trafte and that ha supported having a e Dian at Grove and Hansen. Mr. Duooe ad d that the improvement would take to uch of the lawns on the want side a would reduce the property values. Mom r Richards submitted that the reci nts on Hansen Road should be polled on th issue of the roadway width and also the proposed sidewalk so that they could voice their ' opinions. Member Richards then moved that the improvement hearing on Ilansen be continued to February 27, L984, that staff be directed to take a .Road poll of the residents with regard to the roadway width and the sidewalk and report the results at that meeting, and that the matter of a stop sign At Grove Street and Hansen Road be referred co the Traffic Safety Committee for their vocommendation. Motion was seconded by Member Sradosgn. Ayea: Dredeson, Richards, Schmidt, Turner, Courtney Motion carried. Affidavit of Notice was presented by Clark, approved as to Corm ana oroorea piaeea on file. City Planner Hughes advised that the last time the City adopted ,a comprehensive zoning ordinance was in 1951. Since that time additionii have been made and it has .been re- codified but never updated. The objectives of tho pro - posed Comprehensive Zoning Ordinance are: 1) to streamline procedural requirements, 2) to establish uniform definitions, 3) to eliminate requiromento' from which variances have routinely been granted, 4) to gain conainteney with the Comprehensive Plan, 5) to reorganize the format of the ordinance, and 5) to avoid' the creation of non- conforming property by enaction of the new ordinance. Mr. Hughes then su:wmarited the major sections of the.new ordinance and the changes being proposed as follows: Section 4. Administration and Procedures - Procedure for conditional use permit; Section 5. Districts - Multiple residence districts (R -3, R -4, R -S) be eliminated, all multi rosiduntial projects be zoned Planned Residential District (PRD), and all other rez:oningo be via the planned district format; Section 6. District Boundaries All vacant A -3, R -4, or R -5 property be rezoned to R -1 District (involves three properties in the City), all developed R -3, R -4, or R -5 property be rezoned to Planned Residence District (PRD), all 0 -l; 0 -2. C -1, C -2, C -3, C -4 property be zoned to Planned Office District (POD) or Planned COtrimarCial District (PCD); Section 7. General Requirements - Clarification of customary home occupations, regulation of fences in R -1 and R -2 districts, patios and docks included in building coverage with 150 square foot allowance, minimum lot frontage of 30 feut required, lot width be measured at a point 50 feat back from front lot line; Section 8. Parking and Circulation - Fewer parking spaces required for office and retail uses (especially st:apping centers /larger office buildin8u), % uniform I arking setback requirement, provision for compact parking spaces; Section 10. Landscaping and Screening -- Plinimum landscaping and screening requirr_iantn .(applies to buildings of more than 2 units); Section 11. Single Dwelling Unit District (R -1) - Churches, schools and civic insritutiona permitted only by Ul� 1/16/84 184 conditional use permit, increase in lot coverage for small. late, ,reduced interior.. aide yard setback. for small lots, docks and patio setback requirements, and interim uses of school buildings not used for educational purpos.o0; Section 12. Double Dwall- ins Unit District (R -2) - Minimum lot width requirement; Segtion 13..Plai►ned Reei�dence District. (PRD, PSR) - New PRD -6 district for rest, convalescent• and nursing homes, bonus system to determine final density for new buildings; Section 15. Planned Commercial District (PCD) - Drive - through facilities pormitceA as accossory use; Section 17: Planned Industrial District (PID) - Maximum building height of four stories. line. Hughes next pointed out specific issues which the Council would need. to address: 1) acceasory;dwolliug units in the R -1 District, 2), mechanical amusement devices, and 3) the rezoning of some vacant parcels to R -1. Other rezoning issues In connection with the now zoning map are: 1) all 0%4rchea are zoned R -1 District with the exception of Colonial Church of Edina. which is zoned PRD -L -. recommondod that it be rezoned to R -1 District; 2) buildings toned PID (National Car Rontal and two northerly buildings), at 76th Street and Franca Avenue are daVeloped;as office buildings - recommended that they be rezoned to POD; 3) office buildings in the Southdala area zoned Commercial District which likewise could be knzonad td POD - recommended they not be rezoned as they comply with the requirements of. rho Commercial District. Mr. Hughes advised that no property now zoned R -1 District is proposer) to be rezoned. He advised that the procedure for adoption of tho new Comprehensive Zoning Ordinance would require two readings and that if first Rending is offered at this :nesting that the public hearing ba continued to the meeting of February 6, 1984, to accept comments. Member Turner questioned what impact the zoning ordinance would have with regard to the Edina - Community Center and the requirement for a conditional use permit in connection -with present tenants and expiration of current leases. Mr. Hughes explained that it would not cause a change in their process, that if a conditional uee par:ai.t were granted they could continue to lease to the some parsons. Mayor Courtney then salted for comment or questions from the public. Morton Willatte, 6333 Millers 'cane, asked for a clarification of the bonus system for density in the Planned Residential District. Terry Schneider, 5908 .Bernard Place, inquirod about the newPRD -6 zone and parking requirements for nursing homaa. In response to questioa.of Kenneth Harrington, 6813 Southdale Road, ao to what notice was given of thin hearing, Mr. Uughcs stated that a notice was mailed to every property owner of record in the City. Mr. Harrington stated that more publicity should be. given to alert the community about an ordinance change this comprehensive. Harold Christian- den, 5809 Kemrich Drive, agreed that the comprehensive nature of the ordinance requires going slowly with more publication and knowledge to the public, and that he was concerned specifically about the effect it would have on churches. Betty Waingartner, 7137 Glouchester Avenue, asked for a clarification regarding docks and patios in relation to lot coverage in the R-1 District. Marah.Everson, 6000 Fox Meadow Zane, stated that he was the owner of opa of the vacant properties, proposed to be.rozoned'to R -i District, and that he, as well as another owner of vacant property, objected to the rezoning and requested that the vacant properties be allowed to exist as zoned at the present time. Member Bredesen asked what the rationale wan for rezoning those vacant properties to R;-1 District. .Mr. Hughes stated that those rezoninge are 20 ycarq old and since they were zoned the City has adopted the. Western Edina Plan and the Southwest 1'd1ha Plan which established density that is less than allowed by those zonings: The Comprehensive Plan ptioccss has lowered the density requirement even more. By adopting the new zoning ordinance, those vacant properties would be viewed an looking at them the first time and danaity would be based on today's Comprehensive Plan rather than density requirements in 1962. Mr. Uughea suggested that alternatives may bee 1) to rezgno those vacant, proportiao to Planned Residquca District and require the. developer to come through a plan adoption process, or 2) to adopt a section of the ordinance that maintains the present zoning and allows those properties to be developed as now zoned, Kevin Valgeradyk, 4238 Grimes Avenue South, asked for a definition of civic institutions and whether half -way houses would be permitted in.the R-1 District. Mr. Hughes explained that civic institutions are publicly owned and operated, that half -way houses are governed by state statute and not by zoning laws as they are licensed by the state, and that they are allowed uses in several zones including the It -1 District.. No further public comment being heard, Council then considered the Inoue of accessory dwelling units in.the R-1 District and whether it should be included is the ordinance .as a, conditional use. Member Turner commented that she felt the concept of accessory dwelling units is a valid one for the community for these reasons: a) the Comprehensiva Plan mentions the development of policies and programs that will widen the range of housing choices for our residents, b) accessory units would provide additional rental bdusing in the City, c) providing an option for persons living alone on 11mited income. to rent out part of their home, and d) addresses the issue of affordable housing for small households. Member Dredesen observed that he has not changed his opinion on accessory housing and reiterated. that it would change the nature of the single family neighborhood by creating density of two families living in property desiUned,for ona family, that a parent is now permitted to live with a family in a separate area, that he could sea no major advantage in permitting accessory housing units but could flea it causing potential problems in cutting; up properties, and chat he felt a major Aasr 1/16/84 ft concern was to retain and preserve the nature of the single family neighborhood. tiembur Richards commented that, although lie could support the arguments pointed out by Member Turner, he felt that the issue of accessory housing is looked at as an economic issue, either to iaaxiwi7o a return upon property at do income producing property, rather than trying to solve aii articulated need that might axist in the community, thdt he would like to pressrva the oxistina residential sections of the Community and that he would prefer that, accessory dwelling units not be included in the proposed zoning ordinance as a conditional use; Member Schmidt.and Mayor Courtney stated they ware in agreement with the viewpoints. .. expressed by Membore•lir6deaen and Richards. Next conaidered by Council was the issue of mechanical amusement devices. Member Turner suggested that. two machines be ' allowed as an accessory, use in the, PC -1, District with unlimited number of machines allowed in PC -2 and PC -:3 Districts for these reasons: a) currontly the City allows other forms of amusement such as bowling allays and pool halls in both the :community commercial crass QC -2) and the regional commercial. areas (PC -3), b). there seems to be no problem with unlimited. number of machines. to the PC-2 and PC -3 zones as currently allowed, and c) while there is a 4ifference in the nature of the noighborhaod.commercial area; there to no reason 'to eliminate the machines all together if they are there an an accessory use and if they do not intorfexe with .the principal use. Aiember Schmidt and Mayor Courtney stated they agreed with the recosraaendation. Metber Bredesen•comm©nted that he could not support unlimited number of. machince for the PC -2 zone and, could ryes no benefit to the City from tho'expansion of this typo of use. Member Richards stated he could not support the machines being allowed to PC -1 In-that he ,did not consider it an accessory use 'in a neighborhood convenience center, that he did feel they should be allowed in PC -2 but had no objection to unlimited number oP machines it► RC-3. Upon discussion. Member Bredeaon commanted that his po6turo regarding methanical amusement machines would not preclude his voting in favor of the Comprehensive Zoning Ordinance. Member Turner then moved that the draft of the Zoning Ordinance provide that mechanical amusement. devices be allowed as an accessory use as ;follows: Two machines in:PC -1; District- and'unlimited number of .machines in th© 1'C -2 and PC -3 DAotricre.for the reasons as stated previously. Motion was seconded by Member Schmidt. Ayes: Schmidt, Turner, Courtney Wayet Bredesen, Richards Motion carried. With regard to other issues - identified regarding rezoning of some vacant parcels presently zoned multiple districts, rezoning of Colonial Church of Edina, rezoning of proportion at 76th and France Avenue presently zoned PID, and zoning of office buildings in the 5outhdala area, Member Richards suggested that owners of the nubj act. .properties who have not responded to the notice of public hearing be. contacted by letter asking them to submit,their comments before oY on February 6, 1984, so that the issues can be discussed by thn Council. Member Richards than moved 'that the public hearing on the Comprehensive zoning ordinance be continued until February 6, 1984, that staff be instructed to contact the property owners apeciti.eally identified with regard to rezoning asking them to submit their comments by that, date. Motion. was seconded by.Membor'Schmidt. Ayes: Bradesen, Richards, Schmidt, Turner, Courtney Motion carried. APPROVHD YOR VERNON COURT ADDITION. Affidavit of Notl. was presented by Clerk, approved as to form an ordered placed on file. Mr. ghee presented the rezoning request of Kyllo Davalop t for property generallylicated north of tha Crosstown Highway and west of Vernon urt, advising that th subject property. measures .82 acres in area and is zoned R- finale Family Due ; ng District.: ;Across Vernon Court to the north of the proper is the propo d site of a recently approved five -unit townhouse project) to ON ortlaweat. Crean Vernon Avenue is the Habitat, which is zoned R -2 and an eight -unit hou development zoned PRD- .3,.a" adjoining the property on the south is t k osstown Highway. He advised that the proponent is requesting a rezoning to PRD anned Residential. Diattict, A pre- liminary development plan has been submi ed w h illuatrates a 'five -unit town- house building.. The townhouses would b oriente itoward Vernon Avenue and access would be served by a private drive fro Vernon Court: Two one parking spaces are proposed for each unit, two expos d parking spaces front of each garage ,plus a separate five car parking are are also provided. noted that elevation drawings have been submitted showi two- 4itory units with t under. garagce at the rear of each unit. The site includes two, small, City -owned parcels which are residue from the City's acquisition of the right of way for Vernon Court and the proponent i,G ouggesting that the City deed those ama.11 parcels to him to :include in the site plan. The proposed zoning conforms with the Comprehensive- Plan designation for the she and conforms with the Zoning Ordinance requirements with the exception of the proposed setbacks of units 1 and 5. The nits plan pro- poses 30 foot setbacks rather than 35 feet as required. Mr. Hughes explained . 1/16/84 186 that the property suffers from its close proximity'to the Crosstown IRighway:and the ramp to County Road 18. The project appears to be designed with that.faet in mind and the proponent has attempted to reduce this exposure through building design, orientation, and berming. At t1io.Dacembev 28, 1983, meeting .the Community Development and Planning Commission recommended preliminary approval of the rezonih& to B0-2 and Vernon Court Addition plat subject to the following: 1)'accoptable overall davalopment plena, 2) final platting, and 3) subdivision dedi.eation.. and 4) the conveyance of the residual right of way parcels from the . City. He Hughes advised that Howard Kylla, the, proponent, was preoent to answer any queotions. In rosponse'to question of Anne Aieter1 6103 Habitat Court, regard - ing landscaping Mr. Hughes advised that landscaping plans would be submitted for approval before the final plat was approved. No Further comuwnto being heatid, Member Richards offered Ordinance No. 811-A177 for First Reading as follows:. ORDINANCE NO. 811 -A177 AN ORDINANCE M19NDING THE ZONING ORDINANCE (N0. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (11RD -2) THS CIITY COUNCIL AP THE CITY OF EDINA, MINNESOTA, ORDAINS: Section I. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is enlarged by adding the following thereto: "The extent of the planned Residential District (Sub- District VRD -2) is enlarged by the addition of the following property: Lot 4, Auditor's Subdivision Number 196-, Itennepin County. Iinnesota. except the East 16.5 feet from the most Easterly boundary of said Lot measured at right angles to the said Easterly boundary and except the North 16.$ feet of said Lot measured at right angles to the North line of said Lot and except that part of said Lot which lies Southwesterly of. the following described Line 1 and Northeasterly, Northerly and Northwesterly of a line parallel with. and 40 feet Southwesterly, Southerly and Southeast- erly of the following described Line 2 and measured at right angles thereto: Line 1: Beginning at the Boat 1/4 corner of Section 6, Township 116, Range 21 thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 it distance of 1807.59 fact; thence North 78 .diagrams 48 minutes 33 seconds West a distance of 1070.37 feet; thence North 81 degrees 13 minutes 33 seconds Wast a distance of 3402.95 feat to a point hereby designated as "Point W' -" thence North 08 degrees 46 minutes 27: seconds. East a distance of 246 feet to the actual point.of beginning of .Line 1; thence South 81 degrees 13 minutes 33 seconds East a diataneu of 600 Test and there terminating. Lino 2: Baginning.at the aforedesignated "Point A"; theneo'South 81 degrees 13 minutea 33 seconds boat a distance of 552.95 feet; thence South 08 degrees 46 minutes 27 seconds West a distance of 135 feet to the actual point. of. beginning of Line 2; thence North 81 degrees 13 minutes 33 seconds Weat a distance of 223.93 feet; thence along a 10 degree curve to the Left (delta angle 60 degrees 03 minutes 23 seconds tangent distance 331.17 feet) a distance of 600.56 feet and there terminating. according to the plat thereof on file or of record in the office of the rr.gistar of Heeds in and for said County. Tom boundaries of the premises are marked by Judicial Landmarks Numbered 1 to 7 set pursuant to Torrono Case No. 12505 as shown on the plat of the Survey on file in Torrens Case No. 12605. See. 2. This ordinance shall be in full force and affect upon its passage and publication. Member Richards than offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT FOR VERNON COURT ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Vernon Court Addition ", platted by Kyllo Development Inc. and presented at the regular meeting of the City Council of January 16, 1984, be and ,in, hereby, granted preliminary, plat, ,approval... Motion.for:adoption of the resolution was Seconded by Xember Bra uses. Rollcalli Ayes; Bredesen, Richards, Schmidt, Turner, Courtney 'Resolution adopted. PRESggyAd 'iON_DISTRICT. Mayor Courtney recalled that rho hearing on the- Wooddale School Property and the request of the Heritage Preservation Hoard for rezoning of Wooddale School to 1loritige Preservation District had been continued from the meeting of December 19, 1983, to provide time for Council Members to reflect on all the facts and comments board and to negotiate with the School, Board the basis upon which the City would take tha property it that decision is evantually made. Member Turner then reviewed the events regarding the Wooddale School issue. It was initiated by resolution of the School District to convey the Wooddala School property to the. City of Edina to be kept in public ownership and retaining revision- e 192 MINUTES Olt THE REGULAR HEFTING OF THE EDINA CITY COUNCIL IIELD AT CITY 114L FEBRUARY 6, 1984 Answering tolicall Onto Members Schmidt, 'turner and 'Mayor Courtney. FUG. CEREMONY CONDUCTED BY GIRL SCOUT TROOP NO. 615._ Members og Arl Scout Troop No. 615'opened the meeting by.presenting the colors and P1 ge 'o£ AliEgi7inno. ,The ktityor and Council embers welcomed them and thanked the the aample* from tile. Annual Scout Cookie alp. Mayor Courtney, read i4pWS, the Minnesota Jay Women have prolate for 34 ycass. and WEERP.AS, the Minnesota Jayeaa 1� en In an orga of today In. over 275 cormunities; d WHEREAS,, the Minnesota Jaycee Women all s to educate Cho community in the areas of to Retardod Citizens Community Service,, edit Imperfecta and Today!s Women; and 142REA5, the Minnesota Jaycee Women p do lenders; and WHEREAS, THEIR CREED STATES, "Xay w leave the lived and. carved within it"; following proclamation:. ty service in. Minnesota of over 5,000 young women aside the week of February 12 through 16. ng.projects in Accent on Youth, Aid al Health, Epilepsy, Osteogenesid 'NOW, THEREFORE, BE IT RESOLVED t t the week of .claimed JAYCEE WOMEN WEEK. development to_tomorrowl8 a batter place because wa 12 thru 18, 1984, he pro- GORDON "BUD" COLZW AND CORDOff RUDOLpil COMUDED. Au31at®nt City Manager 8arnhardson introduced Gordon "Hud" Cole n and Gordon Rudolp , advising that both men are light equipment operators with th publia Works Department and have been employed7with the City since 1969 and 19626 apectivaly. Ho. commended them for their faithful and conscientious service to t a City of Edina and presented them with silver pens bearing the Edina Logo. The Coun. 1 Members joined in congratulating and thanking them. 2fW=S of cho Regular Council: Meeting of January 16. 1984, and Special Meeting of January 23. 1984, were approved as oubmitted by motion of Member Turner, seconded by Member Schmidt. Ayes:, Schmidt, Turner, Courtney blation carried. 1 TO FEBRUARY 27, 1984. Planner Hughes recalled that the. public hearing on the Compre- henaiva Zoning ordinance conducted at the last.meating had been continued co receive additional oral.or written comment and he suggested that the hearing be held open to Febivaxy 27 for any further comment from property ownara: Mr. Hughes then reviewed rezoning issue* that were pointed out at the previous meeting as follows: 1) Vacant property presently zoned multiple residence - three properties ars.involved, one at the junction of 7tb Street and Co.. Rd. 18, another directly.couth of Intarlachen Hills apartmenta and the third parcel is located just west of Cahill Road. Staff would propose that those properties which are zoned either R-3 District or R -4 District under the present ordinance be rezoned to R -1 District in connection with this process. 2) Some properties that are .zoned Planndd..Industri.al District (PID)'now are proposed to be .-rrezoned to Planned Offico Diattict (POW: Thaso properties includo.areaa off, Pentagon Office Pask, the Edina. Office Center building. and the Xerox Building. Because they are developed with office buildings it to proposed they be rezoned to POD.. 3) Some prop - arties in the Southdale area presently zoned Commercial District are developed with office buildings and would be better zoned POD. They are the Southdala Office Canter and the Titus Building. Mr. Hughes retailed that at the last meeting the Council had raquestad that staff notify the owners of those properties. to solicit their comments. It was found chnt many of the buildings are owned by companies that are located out of state. Staff has contacted the management companies for those properties and all, have indicated they see no particular problem with the proposed rezoning, but would have to consult with the owners. .Because of the distances involved, Mar. Rughes sttg- gasted that the whole Issue be deferred until February 27 for solicitation of comments from the building owners, nosing that no one had objected to date. 4) Developed real - dential properties which are presently zoned R -3 District, 11-4 District and R -5 District and have to be put into some catagory under the new zoning ordinance. Mr. Hughes, ezplained.that the policy followed in preparing the now zoning map is to rezona those properties to the highest density PRD use permitted by the Comprehensive Plan, but only to the degree of density to prevent any non - conforming statum for each alto.. Fie noted .that there are some developed proportion in the City that will be non - conforming by virtura of the adoption of the. new zoning ordinance due to their density exceeding even the highest zone chat is proposed. Mr. Hughes then pointed out the second gcnatal �,r'..4 iW64 193 issue which relaters to some changes in the text of the .draft ordinance, An comments wave received from property owners through the hearing process, there are a variety of changas that became obvious and those prompted staff review of other.. aspects of the proposed ordinance. He suggested that for the continued hearing on February 27 that staff prepare a comprehensive listing of all the minor and major, changed to the. draft of the ordinance for Council's consideration. Noted was a concern expressed by Dr. Ralph Liabor, Superintendent of Schools, zolative to the Community Center. Mr. Hughes advised that a minor redraft would address that concern and suggested that the Community' Center should be considered an allowed. conditional use rather than an into uaa, It thorefbre would be exempt from the 7 -year sunset provision of the interim use. The Only catagories then that would be subject to the 7 =yoar provision would be schools for teaching music, dance, etc. which are typically in the commercial district and administrative officed for non - profit orgbnitatiens. Other uses such as public schools,` churches, civic institutions and community centers would be considered an allowed conditional use and could continuer to exist. until they are expanded-in some fashion. .Following Mr. Hughes' presentation, Mayor Courtney called for comments from the public. Wayne Vandervort stated he .repYecencs Wallace Kenneth. who is the owner of two parcels of land in Edina which are undeve- loped, one tract on Vernon Avenue and a 15 -acre tract on Lincoln Diivo, and that Mr. Kenneth Is opposed to the rezoning suggested with respect to the Lincoln Drive property. Hr. Kenneth is requesting that the property remain zoned as it presently ,�. is. so that he can proeaed to develop that property for apartment complexes. Mr. Van - dorvort stated further that because of the urgency of this matter he has asked Mr. Kenneth to prepare construction plans and submit: them to the Vlanning,Deportment this week so that he will not be denied any of hie rights if the proposed zoning ordinance is adopted. lie, stated that, for some type of orderly planning for 1tr. Kenneth's land on Lincoln Drive, the adoption of the zoning ordinance should . be delayed so that they could work with the planning Department and the. Council to agree on soma type of sonsible planning for that tract of rand. With respect to . the Vernon Avenue property, Mr. Vandervort explained that this property abuts two existing apartment complexes and it would scam logical that the City should consider upgrading that zoning from R -1 District to R -5 District because it will be the intention of Mr. Kenneth in the foreseeable future to build an apartment complex tt�ore.comparabla to those abutting properties, one of which has a density of around 23 -24 .units per acre and the other around 18 units par acre. In re ©pansy to a question of Mayor Courtney regarding First Reading of the ordinance, Attorney ' Briokson stated that there is statutory authority to protect the planning process by imposing a moratorium which the Council already has done relative to R -1 District properties except for single family homes. Because Mr. Kenneth has filed.or will :File for a building pormit, it is recommended that the Council conaidor adopting a similar moratorium on construction of multiple dwelling units at the Spacial Meeting on February 13. Membor Turner stated she would support a moratorium, that the Council has spent 6 to 8 months in reviewing the zoning ordinance to prepare. a document that is conaistant with the Comprehensive Plan, and that the protons should be protected. Mr. Vandervort commented that if a moratorium is passed it leaves no alternatives for Mr. Kenneth. Mr. Erickson responded that the moratorium would not prevent the continuation of discussions with Mr. Kenneth regarding his properties. Harvey Hansen stated he represents Carl Manson who is the owner of undeveloped property proposed to be rezoned and that lid would like to go on record that they are not in favor of the proposal. Mr. Hanson asked why this is being done and noted that two of the three undeveloped parcels are in the extreme northwestern corner of Edina, pay taxes to the City of Edina but Hopkins School District, taxes and have'little if any impact upon what goes on•in the City of Edina as. they are much more Hopkins oriented properties. In redponoo. Mr. Hughes stated that the basic goal in the proposed zoning ordinance in to provide an ordinance that conforms with the Comprehensive Plan. In the process that the Community Development and Planning Commission and the Council worked through during the last 9 years and end- ing in the Comprehensive Plan, there has been an :attempt to reduce the density allowed for those types of developments. Now the City is gutting to the point of recodifying rte ordinances and is looking at some of these proportion that were previously zoned to what Council believes arc unacceptable doanitias. There being only three properties in the City that were zoned that way, and as they were rela- tively old zoningo, it wan staff's judgenent that it was. best now to rezone them back to R -1 District and then encourage their csubsequeat rezoning to anew district that would fit in both with the new zoning ordinance as well as the Comprehensive Plan. Marsh Evanson, 6000 Fox Meadow Lane, stated that he too. objects to the pro- posed rezoning for property he owns, He added that he wishes to.keep the current zoning for his property. Membur Turner observed that one issuo that has not been discussed not idontified is that in the proposed zoning ordinance we are maintain- ing a couple: of standards for the R -1 District that are important; namely the minimum lat size of 9,000 square feet and 2rJG lot covsr»ge as maasurus Of density. By Clint the Council is saying we like the open space and the size of the lots we have in Idina and are by a conscious decision maintaining those standards. No further coixtent being heard, Membor Turner offered the Comprehensive Zoning Ordi- nance for First Reading, in the fora attached to these Minutes as Exhibit A and 2/0/84 194 Public. bearing Hereby made a.pe`rt of these minutes, with Choral and written ommentsconcening be continued to February 27..1984, that any the ordinanao may be submitted for consideration thXough the.Fabruary 27 hearing, and that staff :re Bindings Of Face and Reasons for the adoption be directed to prepa of the Comprehensive Zoning Ordinance for review and action by the Council oa yobrdsty 27. Motion was seconded by Member. Schmidt. Rollcall. Ayes: Schmidt, Turner. Courtney Motion Carried. Uturuvnnk,c .W. •, . — RBAi)INf3• PBBLIkiINARY IIXT O 1!LDIIERO PAAICTAWN AGKs At"AW1111 - -- -- reealledethat the rezoning 'request and ptaliminnrydplat ofB Hedberg �and •Song •Company was °Tieard by the Council at 1e9 Novamber.71 1983 meeting. Tito request inv4lvas ti 7:1 acre darnel of property located east of France Avenue and north of Parklawn rezoning Avenue extended. AC the November 7 moo this month toconsidernthe espectsrofIIthisCprolect rcqueat and preliminary plat The.property owner since that time has requested continuation of the hearing. err Mr, Iiugoep stated that the issue before the Council 1e thahaaibeenfsubmitted.in to POD-1 Planned Office District and that A preliminary plan support of that toning. it illustrates a four -story office building for the propel suicb t of approximately It 90,000 squaro feat in area. According to the preliminary pinne,a dxiv °- througt+ banking facility would also be provided ff the northeasterly that portion of the site. At the Council Meeting on dedication t 7 by Hedberg and SopeCCcm- V of the consideration of satisfygthe parkldd di ation requiremaaC iar this pent' of park, property in pareal as wall as for all Chair property in southeast Edina which nt an see about 95 acrea.of lmna. Mr. Hughes adviaad that the Cow amendment�topthetComprehensive Commission hea held a public hearing arkci�he southeastern portion of Cho City.uud Plan to show a new location for the p that the Co+moiseion would recommend that the plan be amended. The plan sheen the park located south of Perklawa Avenue and aewh ch wouldebe connect d down eventually north of Parklawn Avenue with a green strip rcan to the 14infiold /Loukka property as well so northerly to intercept S too exi.setthe, strip that was dedicated in cooneation with the YoxkCOwn Plat. SeansllY, needed betwen the City November 7, 1983 nearing its ng th�methoddafededicationxn Those discussions have located and the property owner rah been held and Vedberg and Sons ConPanYsubject toasrtwa yearereservation andmineral uorth,of Parklawn Avenue 12madiatolY, ravel deposits. Regarding the rights far this area to allow mining of the remaining g strip located south of Parklawn Avanred predetermined pr Q or predetsermined method of rgs to convey that to the City at some p shriving at that price at some point in the future. Iiadbergs have nocr agreed to that that dedicate that land to the City at no cost; howeerhnpstaoefareoutdas8eor iQ Yaws+ dedication Occur at some point in the future, p due to,the large amounts of gravel depaseteepocabankmentabetween 7500e York dAvenue Mr. Ilughao ddviood that there is a very dad the Hedberg property. It would be nearly imehichbie,theirndesiretto do. The without mining out the balance of the property, wtderstanding with ouch a dedication is heteast ofthdberg Court gand, Parkla� v' assume its normal policy for paying which is that the City would pay the normal front foot rate for parklawn Avenue and a ape -third side rate far Undberg Court. When , 000- 00rnse the_CitY+atlassessment was pFOyiously estimated it woo apprOXdtmately $ ,. for that wank. Mr, gughna indicated that the action requested i.e raxoning approval to TOD -1 Planned Office District for the 7.1 acre parcel pr roxonity in the norCheaet cornar of Pa klawn and France Avenue, as well as pre11 urinary plat approval. Amendment of the Comprehensive Plan is needed to alubdiviaion, new park location for southeast Edina. with regard to the rezoning 1 staff would re hat cOmmOnd iawould coveruthenmethodsaforcthe improvement of Parklawn approved Avenue and Iladbarg Court, 2) that there be a park 4)dsubmisnionrofmanfinal plat, overall development plan for she office building, 5) a temporary cul de use shown on Parkwate Avenue until it is hasended.tperty. ark plan the property, and G) a temporary atnrm water casement for Cho Phase i property. Mr, itughas advised bchat since the DNovember J which hasibnen reviewed only b�r:teflyp y P has be prepared Park Board and that they would like additional time to study the. Frog= of . the park and the specific Finn proposed. he bassatiefiadeon would park of tdOt °r ao if the City's storm water p 8 atarm. plan whereby a large area will be inundated during the 100 -year frequa cy aped a but under normal conditions it will available for activitiea. An arboretum concept is planned 1 1 MINUTES 1 OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 5, 1984 rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor of Camp Fire Troop No. 273 opened the meeting by presenting the colors and of Allegiance. Mayor Courtney then welcomed them and read the following pro- PROCLAMATION WHEREAS, the National Council of Camp Fire has provided a program responding the diverse needs and interests of young people for 74 years; and WHEREAS, Camp Fire is an organization open to all youth, regardless of race, creed, sex, economic status or national background; and WHEREAS, the National Council of Camp Fire shall set aside the week of March 11 thru March 17, 1984, as a celebration and shall by various public displays and-recognitions share this celebration with their communities; and WHEREAS, Camp Fire provides "opportunities for youth to realize their potential and to function effectively as caring, self- disclipined individuals responsible to them- LO selves and to others, and as an grganization to seek to improve those conditions in 11 society which affect youth "; and oo WHEREAS, Camp Fire is celebrating their 74th Anniversary since their founding - -the first national organization for girls in the country; and V WHEREAS, the Law of Camp Fire states, "Worship God, Seek Beauty, Give Service, Pursue M Knowledge, Be Trustworthy, Hold on to Health, Glorify Work, Be Happy "; and Q AS, the Watchword of Camp Fire is "Wohelo ", Work, Health, Love; Fhe THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby proclaim eek of M arch 11 through 17, 1984, to be CAMP FIRE WEEK ina, Minnesota. BERT B CONMENDED FOR SERVICE TO CITY. Mr. Rosland introduced Robert Bahneman, dvisi'Ag that he came to the City in 1965 and was employed as the Plumbing Inspector til his appointment to Chief Building Inspector in April of 1976. He noted that . Bahneman will be retiring this month and commended him for his many years of loyal ervice to the City-and in particular for the hand work of carving in wood the City eal. Members of the Coucil then also commended him and thanked him for his work. SOLUTION OF CONDOLENCE ADOPTED /HERMANN H. STRACHAUER. Mayor Courtney read the Following resolution of condolence on the death of Hermann H. Strachauer which was nanimously adopted: RESOLUTION OF CONDOLENCE - HERMANN H. STRACHAUER iHEREAS, Hermann Strachauer was greatly concerned for the quality of the environment nd of life in the world about him; and rHermann Strachauer served as a member of the Edina Park Board of the City a from 1948 until 1961;.and , Hermann Strachauer served as Chairman of the Edina Park Board from 1951 960; and , Hermann Strachauer was a charter member of Edina Lodge No. 343 and was a of Zuhrah Temple; and , Hermann Strachauer inspired the community by promoting the first fulltime d Recreation Department in the City of Edina; and Hermann Strachauer believed that land should be set aside for park use for he benefit of all the residents of Edina; and MEREAS, Hermann Strachauer was instrumental in promoting the original bond issue, or purchase of land for parks and the construction of the Edina Municipal Pool; OW., THEREFORE, BE IT RESOLVED that the Edina City Council hereby extends its eartfelt sympathy to the family of HERMANN H. STRACHAUER uring this time of bereavement; and E IT FURTHER RESOLVED that a copy of this resolution be entered into the pages of he Minutes Book of the City of Edina and that a copy be presented to his family. NUTES of the Regular Council Meeting of February 27, 1984, were approved as sub - tted by motion of Member Bredesen, seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PREHENSIVE ZONING ORDINANCE NO. 825 ADOPTED: SUMMARY TO BE PUBLISHED. Planner hes recalled that the hearing on the Comprehensive Zoning Ordinance had been tinued to this meeting in order to receive written or oral comments and that its meeting of February 27, 1984, the Council had directed the staff to bring k Findings, Decisions and Reasons for adoption of the Zoning Ordinance, together 3/5/84 2. with a Summary Ordinance for approval and publication. He pointed out minor changes in the draft ordinance to add a phrase concerning flood plain and heritage preserva- tion on pages 1 -1 and 6 -1, and to correct a typo on page 18 -1. He added that Section 13 (Planned Residence District) and Section 14 (Mixed Development District) have been revised in accordance with Council direction at its meeting on February 27, 1984. Findings, Decisions and Reasons have been prepared for the adoption of the Zoning Ordinance and.a Summary Publication'of the Ordinance has been prepared for authorization by the Council. Mr. Hugbes advised that staff has been contacted by representatives of Paramount Group, Inc., owners of Pentagon Office Park, located east of Highway 100 and north of Highway 494. Many of the buildings are office buildings which under the Zoning Ordinance are proposed to be zoned to Planned Office District. In reviewing the ordinance with them, there was a minor change suggested and which staff would recommend and that would be to allow printing as a permitted use in the PC -2 District. This would.clarify some of the accessory uses that-are ptesent:inithe office buildings and wodl.d avoid the•question:df a non -con- , forming use in the future. Walter Rockenstein, representing•Paramount' Group, Inc. (the owners' representative for Pentagon Office Park), stated that in reviewing the Zoning Ordinance with Paramount Group, Inc, they identified three potential problem areas for Pentagon; 1) small print shops that exist to serve office buildings, . 2) lot area coverage, and 3) floor area ratio.. Mr. Rockenstein submitted that the staff recommendation to allow printing as an accessory use in the PC -2 District would resolve the.first problem and that Paramount Group, Inc. would like to reserve the right to petition the Council for relief if subsequent problems develop with regard to lot area coverage and floor area ratio for their office buildings resulting from adoption of the Zoning Ordinance. No further comment being heard, Member Turner moved approval of the addition of printing as.a permitted use.iu the PC- 2'District. Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Member Turner then moved adoption of Edina Ordinance No. 825, the "Zoning Ordinance" 4including the accompanying maps referred to therein) attached hereto marked Exhibit A, as the zoning ordinance of the City, based on the Findings, Decision and Reasons, attached hereto marked Exhibit B, and hereby made a part hereof. Motion for adoption of the ordinance was seconded by Member Bredesen. . Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. ' Member Richards then offered the following resolution and moved its adoption: RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 825 AND DIRECTING PUBLICATION THEREOF BE IT RESOLVED that the Edina City Council does hereby approve the Summary off Edina Ordinance No. 825 attached to these minutes and this resolution as Exhibit C, and hereby made a part hereof, and does hereby determine that said summary clearly informs the public of the intent and effect of Ordinance No. 825; BE IT FURTHER RESOLVED that the Clerk is hereby directed to publish only the title of Ordinance No. 825, and the summary of it attached hereto as Exhibit C,'together with the Accompanying.maps and together with a notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the Clerk and the office of the Planner in the City Hall; and is hereby directed to post the entire text of the ordinance, with accompanying maps, in the Edina Community Library At 4701 West 50th Street, Edina, Minnesota 55424; and BE IT FURTHER RESOLVED that the Clerk is directed after publication of the title, summary, maps and notice as above directed, to publish the full text of the ordinance., certified by the Mayor and Clerk, and bearing the City seal, together with accom- panying maps, in book or;.phamphlet. form for public• circulafion. ADOPTED this 5th day of March, 1984. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall: . Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. GRAND VIEW AREA TRAFFIC STUDY REPORT CONTINUED TO MARCH 19, 1984. As recommended by Mr. Rosland, Member Schmidt's motion was seconded by Member Turner to continue the matter of the Grand View Area Traffic Study Report to the meeting of March 19, 1984. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. LOT DIVISION APPROVED FOR LOTS 2 AND 3. BLOCK 1. WARDEN ACRES PETERSON REPLAT. Mr. Hughes advised that the request for lot division involved two vacant lots in the recent Peterson Replat of Warden Acres Replat, generally located south of Grove Street and west of Garden Avenue. The request is for a 14-foot lot line adjustment between Lots 2 and 3 of Block 1.; The frontage of Lot 2 would be reduced from 91 feet to 77 feet, and Lot 3 would'be increased from 83.feet to 96 feet of frontage. The pro- ponent has requested the division to allow more freedom in siting a dwelling on Lot 3, since a front. yard setback of 30 feet will be, required from both Garden Avenue and Oak ., EXHIBIT B to • Minutes of 3/5/84 CITY OF EDINA Findings, Decision and Reasons In the Matter of the Review and Adoption of a Comprehensive Zoning Ordinance (Edina Ordinance No. 825) by the City of Edina. The above entitled matter was heard before the City Council (the "Council ") of the City of Edina (the "City ") an January 16, February 6, February 27 and March 5, 1984. The Council, having heard and reviewed all of the facts and testimony, both oral and written, presented by City staff and affected property owners, and having heard and reviewed the evidence and law adduced by City staff and affected property owners, and being fully advised,'after due consideration, hereby makes the following FINDINGS OF FACT: A. General - History 1. The proposed comprehensive zoning ordinance (the "Ordinance ") was drafted and offered for consideration by the City of Edina Planning Department and the City Attorney. - 2. The Edina Community Development and Planning Commission (the "Commission ") reviewed the draft Ordinance at public meetings conducted on November 2, Noverber 30 and December 28, 1983. After consideration of the Ordinance, the Commission adopted a resolution recommending that the Council adopt the Ordinance. 3. On January-16, 1984, the Council conducted a public hearing pursuant to notice given in accordance with Minnesota Statutes §462.357. A notice of the date, time and place of said hearing was published in the official newspaper of the'City on January 4, 1984. The same notice was mailed on January 6, 1984, to each owner of real property in the City of Edina to the extent that the names and, addresses of said owners could be determined from the most recent tax roles of Hennepin County as maintained by the Edina. City Assessor. A copy of the notice and a list of the owners and addresses to which the notice was sent was attested to by the City Clerk and made a part of the records relating to adoption of the Ordinance. • 4. After hearing all testimony at the January 16, 1984 hearing, the Council continued the hearing to the Council meeting of. February 6, 1984, and on that occasion further continued the hearing to February 27, 1984, and- on that occasion further continued the hearing to March 5, 1984. At each of the aforementioned hearings, the Council invited and received oral testimony fran all wishing to speak. It likewise reviewed all written comments•received'from persons interested in the Ordinance. Although City staff received many telephone calls inquiring about the Ordinance, no objections were received, oral or written, except from Harvey Hansen, Marsh Everson and Wallace B. Kenneth, by his attorneys. S. The Ordinance is an "official control" of the City, as defined by Minnesota Statutes § §473.851 - 473.872, the Metropolitan Land Use Planning Act (the "Act "), and the Ordinance implements the City's Comprehensive Plan as required by the Act. . 6. The City's existing Comprehensive Plan (the "Plan") was approved by the Comdssion. on December 30, 1980, at a public ' hearing, a notice of the time, place and purpose of which was published in the official newspaper of the City pursuant to Minnesota Statutes §462.355. Prior to such publication, as required by Minnesota Statutes §462.355, the proposed Plan was transmitted to the City'Council. 7. The City Council approved the Plan for submission to the Metropolitan Council for review pursuant to Minnesota Statutes §473.175 on December 29, 1980. The Metropolitan Council reviewed and adopted the Plan on October 8, 1981. 8. The Council adopted the Plan pursuant to Minnesota Statutes §473.864 and §462.355, on December 21, 1981, at a public hearing, a notice of' the time,. place and. purpose of which was published in the official newspaper of the City at least ten days prior to the day of the hearing. 9. The Plan contains, in part, the following objectives which are incorporated in and intended to be implemented by the Ordinance: A. To maintain, protect and enhance single family detached dwelling neighborhood as the dominant land use. B. To encourage .orderly development of multi- family housing that offers •a wide range of housing choice, density and location while maintaining the overall high quality of residential development. C. To control the use, development and expansion of certain non - residential, uses in the single dwelling unit district in order to reduce. or eliminate undesirable impacts. of such. non-residential uses. D. To encourage a metre .creative and imaginative approach to the development of multi - family develop- ments. E. To provide an enjoyable . living envirorment by preserving existing topography, vegetation, streams, water bodies and other natural-land and water forms. F. To encourage rroxed use developments which (i) provide housing for .persons of low and moderate - 2 - � 4 � income; (ii) include recreational facilities and parks; (iii) harmoniously integrate residential and non - residential uses; (iv) encourage the increased use of mass transit; and (v) reduce employment-rela- ted automobile trips. G. 'To encourage orderly. development, use and mainten- ance of office, cc mercial and industrial uses which are compatible with the residential character of the City. H. To recognize and distinguish commercial districts at the neighborhood level, the cam unity level and the regional level, so as to provide retail establish- ments compatible in use and scale with surrounding properties, especially those used for residential Purposes. I. To establish requirements for parking and loading to minimize impacts on public streets and surrounding properties. J. To establish standards for landscaping and screening to contribute to the beauty of the comnnnity, add to the urban forest and buffer incompatible uses from one another. K. To preserve buildings, lands, areas and districts which possess historical or architectural signifi- cance. L. To protect surface and ground water supplies, minimize the possibility of periodic flooding resulting in loss of life and property, health and safety hazards and related adverse effects. M. To allow interim uses of closed public school buildings. B. Use of Planned Districts 1. The ordinance proposes the use of a "Planned" district approach for the Planned Residence District,. Mixed Development District, Planned office District, Planned Commercial District and Regional Medical District. Such an approach requires the preparation and submission of general and then specific (using a 2 -step method) plans and drawings for approval by the Comiission and Council in connection with a petition for rezoning. 2. Planned districts encourage a more creative and imaginative approach to the development of the planned uses. Such districts provide a - 3 - r more enjoyable living arxi working envirorment by encouraging the preser- vation of vegetation, topography, streams, water bodies and other natural 1t land and water forms. 3. The use of planned districts promotes and improves public participation in the zoning process'by allowing the.review of specific developments plans and, thereby, permitting a more realistic evaluation of the effect of a particular rezoning. 4. The use of planned districts permits the Commission and Council to better understand the impact and result of a proposed rezoning and to seek modifications of development plans as warranted to safeguard the public interest. 5. The use of planned districts reduces the likelihood of speculative rezonings whereby'a property owner seeks a rezoning only in an attempt to add value to property and not with the purpose of realizing a specific development. 6. The City already employs the planned district method, and the Ordinance will only expand that use so that all developments will be similarly treated. C. Use of Conditional Use Permits 1. The Ordinance proposes that certain uses previously permitted by right in the R -1 District should now only be allowed in the R -1 District subject to the grant of ,a Conditional Use Permit. (the "Permit "). The Ordinance requires the insurance of a Permit by the Council for most non - residential uses in the R -1 District including churches, schools, civic and cultural institutions and golf course club houses. 2. Owners of residential property in the R -1 District rely upon protection afforded by the Ordinance from the adverse effects of non- residential uses. Non - residential uses customarily permitted in the R -1 District may cause such adverse effects. 3. Due to the fully developed nature of Edina, the growth and expansion of non - residential uses in the R -1 District may result in the intensification of such uses in close proximity to residential properties or the conversion of residential properties to non - residential uses. 4. The Ordinance provides certain findings must be made by the Council prior to the issuance of a Permit. The criteria contained in these findings are designed to safeguard residential uses in the R -1 District fran potential adverse effects of non - residential uses. 5. The Ordinance also proposes Permits for some retail uses in the Mixed Development District. This is to ensure that such uses will not become dominant and will not adversely affect residents of the District. - 4 - h 6. The Ordinance provides that conditions and restrictions may be imposed by the Council in connection with the grant of a Permit to protect the public interest and adjacent properties. D. Multiple Residential Densities 1. The Ordinance proposes to reduce the noxi = densities in multiple residential developments as compared to those permitted by the previous ordinance. The Ordinance contains zoning districts permitting residential densities ranging from four dwelling units per acre to 31 dwelling units per acre for conventional developments, and IV to 43.5 dwelling units per acre for buildings designed for senior citizens. 2. The density ranges permitted by the Ordinance are similar, with few exceptions, to the densities of multiple residential buildings which now exist in the City, even though such existing developments could have been developed, under the then zoning ordinance, with a greater density. These density ranges also permit the construction of new nultiple residential buildings which are similar in use and scale with existing buildings in the same zoning district. 3. The proposed density ranges further the Plan's goal of maintaining and protecting single family detached dwellings as the City's dominant land use, and further the policies of the Council adopted in 1975 which, from that time, have guided rezonings for multiple residential uses. 4. Though some already developed multi - - residential properties have a density in excess of that allowed by the Ordinance, they will be allowed to continue as non -- conforming uses under the Ordinance. E. Rezoning of Specific Properties 1. Two properties in the City are presently zoned C =3 Commercial District. Both properties are proposed to be zoned POD, Planned Office District, by the Ordinance. The first property is located in the northwest quadrant of West 66th Street and Xerxes Avenue and is known as the Titus Building. The second property is located west of France Avenue and south of West 66th Street and is known as Southdale Office Center.In addition to the published and mailed notice, City staff telephoned the owners or representatives of the owners of both properties, advised them of the proposed rezoning, solicited their comments and invited their attendance at the public hearings. No objections were received by City. (a) Facts applicable to both the Titus Building and Southdale Office Center properties: (i) Both properties, though allowed to be developed with commercial uses, were developed with the office buildings now existing on the properties; (ii) the Plan proposes France Avenue or except for those commercial uses; MIM no commercial uses west of north of West 66th Street areas already developed with 1 U m a 1 1 2/27/84 209 1. CONSTRUCTION OF _PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137A IN THE-FOLLOWING: Hansen Road.from Vernon Avenue to Benton Avenue 2. CONSTRUCTION OF PERMANENT STREET SURFACING WITH.CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137B IN THE FOLLOWING: Hansen Road -from Benton Avenue to W. 60th Street . and at the he held at the•time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvements as described in the published notices of said hearing except that with .respect to Improvement No. BA -137B, the roadway shall be 32 feet wide, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for contruction and maintenance of such improvement; that said improvements are hereby designated and shall be referred to in all-sub- sequent proceedings as follows: No. 1 Above PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137A No. 2 Above PERMANENT.STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137B: and the area to be specially assessed for a portion of the cost of the proposed improvement for Improvement No. 1 Above shall include.Lots l thru 3, Block 1, Warden Acres Berg Replat; Lots 1 thru 3, Block 1, E.d. Klopp's Subdivision, Lots 1 thru.3, Block 1, Emil Erickson Addition, Lots..6, 7, 8 and 9, Garden.Park Addition; Lots 7 thru 9, Block 7, Westchester Knolls Add'n; Lots 13 thru 16, Richmond Hills •*3rd1dd'n; Parcel 2100, Section 33, Township 117, Range 21; Lots 11 thru 16, Block 3, Melody Knolls 6th Add'n; Lots 5 thru 8, Block 1, Towns, First Edina Add'n;.Lots 7 thru 12, Block 3, Codes Highview Park Add'n., The area to be specially assessed for a portion of the cost of the proposed.improvement No. 2 Above shall include Lots 1 thru 4, Block 1, Theo. Nelson Add'n; Lots 1 and 2, Block 1, Naomi Add'n; Lots 1, 2,, 5, Block 1, Woody Point Add'n; Lot 1, Block 1, Hayden Add'n; Parcel 4700, Section 33, Township 117, Range 21. Motion for adoption of the Resolution was seconded by Member Bredesen. Rollcall: Ayes:. Bredesen,' Richards, Schmidt, Turner, Courtney Resolution adopted. Member Turner then offered the following resolution and moved its adoption: RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 120 - 151 -08 (HANSEN ROAD) FROM. VERNON. AVENUE TO W. 60TH STREET IN-THE CITY OF EDINA, MINNESOTA WHEREAS, the City of Edina has planned the improvement of MSAS 151 (Hansen Road) from Vernon Avenue to W. 60th Street, and WHEREAS, the City of Edina will be expending Municipal State Aid Funds on the improve- ment of the Street, and WHEREAS,, this improvement does not provide adequate width for parking on both sides of the street,.approval•of the proposed construction as a Municipal State Aid project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in.the City of Edina has been determined; NOW, THEREFORE, IT IS.HEREBY RESOLVED; that the City of Edina shall ban the parking of motor vehicles on the.East side of MSAS 151 (Hansen Road) from Vernon Avenue to Benton Avenue at all times, and shall ban the parking of motor vehicles on both sides of MSAS 151 .(Hansen Road) from Benton Avenue to W. 60th Street at all times. .Motion for adoption of the resolution was seconded by Member Bredesen. Rolleall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. VARIOUS PLANNING MATTERS CONTINUED TO MARCH 19, 1984. Mr. Rosland advised that staff would 'recommend continuation of the following Planning matters to the meeting of March.19, 1984: 1) Johnson Building Company - 5212 Vernon Avenue South - Lots 1, 2, 3 & 12, Block 1, Grandview Plateau - Overall Plan Amendment.- Vernon Hills Condominiums 2) Haymaker - Lots 3, 4 & 5, Block 4,: Grandview Heights - Final Rezoning - R -1 Single Family Dwelling' District to PRD -3 Planned Residence District and Preliminary Plat Approval 3) Kyllo Development - Gene ;ally located north of Crosstown Highway and west of Vernon Court - Final Rezoning - 4-1 Single Family Dwelling District to PRD -2 Planned Residence District and Final Plat Approval of Vernon Court Addition. Member Bredesen's motion was seconded by Member Richards to continue the Planning matters (Agenda Items II -A, B, C) to the meeting of March 19, 1984. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. SECOND READING OF COMPREHENSIVE ZONING ORDINANCE CONTINUED TO MARCH 5, 1984. Mr..Rosland, recalled that .the Comprehensive Zoning Ordinance has been given First Reading at the. 2/27/84 210 Council Meeting of February 6, 1984, at which time a number of rezoning issues were discussed. Attorney Erickson advised that a final draft of the Ordinance has been prepared which contains minor changes.prompted by a final staff review as well as the comments and recommendations received from the public. Mr. Erickson then pointed out various zoning changes that are recommended as follows: 1),the Titus Building from Commercial District to Planned Office District, 2) the Southdale area properties from Commercial District to Planned Office District, 3) the National Car property from Planned Industrial District to Planned Offiee District. A11 of these 'properties- -are developed with 6fiice.•buildings. He stated that the managers,:-of the properties involved have been contacted and no objections to the rezoning have been received. A letter has been received from National Car Rental stating they have no objection to the zoning change of its parcel to Planned Office District with the understanding that their present uses of the parcel allowed under the existing zoning will remain permissible. Staff has advised them that the uses they are concerned with are accessory uses in the Planned Office District and therefore could continue. Mr. Erickson called Council's attention to an alternate Section 13 Planned Residence District which essentially employs the formulas now in the City ordinance for R -3 and R -4 Districts, and essentially allows consistency of develop - ment in. those districts. It would also result in considerable reduction of some non- conformance to properties that already exist.' Staff would recommend adoption of the alternate Section 13. Regarding the three unimproved residential properties which have been under discussion, the Hansen property located west of Lincoln Drive and south of West 7th Streets the Everson property on Cahill Road, and the Kenneth pro - party, Mr. Erickson advised that discussions have been held with each of the owners. Because the proposed rezoning of these properties to R -1 District has created some misunderstandings, staff.would now recommend that, these properties be rezoned to the'appropriate zone under the Ordinance. That would result in the Hansen property being rezoned to Planned Office District and would be appropriate because it is presently proposed underthe Comprehensive Plan as mixed development; as Planned Office District it would be directly across from an existing office building, and would result in a transition from office to residential. Mr. Hansen has suggested that the property he owns.across the street also be rezoned at this time. However, the exact use of that property and how it would be developed has not been determined with any degree of finality and it is recommended that it be rezoned to R -1 District, being the holding zone as specifically now stated in the Ordinance so that there would be the ability to move it into an appropriate zone under the Comprehensive ' Plan and Zoning Ordinance. Mr. Everson's property is recommended to be rezoned to PRD -3 Planned Residence District and should have no substantial effect upon its development ability. With regard to Mr. Kenneth's properties, presently one site is zoned R -4 District and some additional lots are zoned R -2 District. Discussions have- been held with Mr. Kenneth and. his counsel and at has :been 4proposed that the Kenneth property zoned R-4 District be zoned PRD -3 Planned Residence District, that some of the R -2 District property be zoned PRD-3 directly adjoining the present R -4 property, and that the long cul de sac be cut off by vacating the road south of the area to be developed with PRD -3, and the area in there be donated to the City as an addition to the existing park. Mr. Erickson advised that the discuss- ions have progressed to the point of a draft of an agreement with some minor details to be worked out relative to the location of the buildings, the location of the cul de sac and the exact descriptions of the property to be rezoned and to be donated.to the City. It is recommended that the Council authorize the staff-:to continue the negotiations with the expectations of bringing back a document for signature in the next week.and that.the Mayor and City Manager be authorized to sign the document if it is acceptable to the City staff and Mr. Kenneth':s counsel. In review, Mr. Erickson stated that Council action needed would be: 1) to approve the changes in the final draft Ordinance, 2) to approve the insertion of the new Section 13, 3) to approve the rezonings, 4) to authorize the continued negotiations and execution of the agreement with Mr. Kenneth, and 5) to continue the hearing to the meeting of March 5, 1984, at which time the Findings, Decisions and Reasons will be presented together with a Summary Ordinance for approval and publication. Mayor Courtney then called for comment from the Council and from the public. No comment being heard, Member Turner's motion was seconded by Member Bredesen to approve the changes as underlined in the final draft Ordinance_No..825. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Member Bredesen moved approval of the new Section 13 to Ordinance No. 825. Motion was seconded by Member Turner who stated that it is consistent with the development of the.City that has taken place to this point and that the densities described in the revised Section 13 are acceptable to her. Member Richards stated he would not support the revision because it increases the possibility that the densities will be greater than what the Council attempted to establish in the 1970's. Rollcall: Ayes: Bredesen, Schmidt, Turner, Courtney Nays: Richards Motion carried. 208 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 27, 1984 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. EDINA VOLUNTEER FIREFIGHTERS C0141ENDED. Mr. Rosland advised that the Volunteer Firefighter Program was begun in the spring of 1981 to provide backup manpower to the Fire Department. During the year of 1983, the Volunteer Firefighters responded to an average of 250 hours of calls.per man, either by general alarm or by standby callback. They also attended an average of 75 hours of training per man which included outside schooling and in -house training. Mr. Rosland then introduced Terry Rehoe, Assistant Fire Chief, who is director of the Volunteer Firefighter Program and the following Volunteer Firefighters and presented each with a silver pen bearing.the Edina Logo in appreciation for their service to the City: Greg Bretson, Larry Friedrichs, Steve Hatzung, Tom Jenson, Steve Nelson, Bob Prestrud, Jerry Reisschneider, Dan Scheerer, John Scheerer, Marty Scheerer, John Senior, Mike Wech and Ray Wolff. Members of the Council joined in commending the volunteers and in thanking them. PUBLIC HEARING CONCLUDED; IMPROVEMENT BA -137 A & B ORDERED. Engineer Hoffman recalled that the public hearing on the proposed Improvement P -BA -137 A & B for construction . of permanent street surfacing with concrete curb and gutter and sidewalk on Hansen Road from Vernon Avenue to W. 60th Street has been continued from the meeting of January 16, 1984. At that meeting the Council had directed staff to take a poll of the residents on Hansen Road with regard to the roadway width and sidewalk, and had referred the matter of a stop sign at Grove Street and Hansen Road to'the Traffic Safety Committee for their recommendation. Mr. Hoffman then reviewed the original proposed project noting that the portion of Hansen Road north of Benton Avenue is con- sidered a collector street and would qualify for State Aid funds and is proposed to be built 36 feet wide with no parking on the East side. The portion South of Benton Avenue would be built 30 feet wide using local funds. In addition, a concrete sidewalk adjacent to the curb would be constructed on the West side of the roadway. If approved by Council, plans would have to be submitted to the Minnesota Department of Transport- ' ation for approval, a grading permit would be required from Nine Mile Creek Watershed District and an agreement would have to be reached with the Soo Line Railroad regarding the crossing. The estimated amount to be assessed would be $20.00 per foot /single family units and $574.00 per unit for multi -units for Hansen Road from Vernon Avenue to Benton Avenue. The estimated amount to be assessed would be approximately $38.00 per foot for Hansen Road from Benton Avenue to W. 60th Street. Mr. Hoffman advised that, as directed by the Council, a questionnaire had been sent to the residents asking them to submit their opinion as to street widths as related to State Aid fund- ing and as to need for sidewalk. He indicated that to date responses have been received from approximately 60% of the residents who stated that if the project was approved State Aid funds should be used.for the project. The survey results were: 12 preferred 36 foot width with two driving lanes and one parking lane on the West side, 11 preferred 32 foot width with two driving lanes and no parking either side, and 4 totally objected to the project or had no opinion. Regarding the sidewalk issue, the majority favored a sidewalk on the West side. Mr. Hoffman pointed out that if State Aid funds were also used for the portion of the project from Benton Avenue to W. 60th Street that the estimated cost per assessable foot would be $20.00. Staff would therefore recommend that Hansen Road from Vernon Avenue to Benton Avenue be constructed to the 36 foot width and from Benton Avenue to 60th Street to the 32 foot width, using State Aid funds, with sidewalk on the West side. Mr. Hoffman informed the Council that the matter of a stop sign at Grove Street and Hansen Road had been considered by the Traffic Safety Committee on February 21, 1984, and the Committee recommended denial of the request based on 1) lack of warrants required for stop sign installation, 2) lack of accident history, 3) speeds reported were typical to other collector roadways, 4) installation of the requested sign would be inconsistent with other similar intersections, and 5) the fact that there is a stop sign one block South. John Ward, 5916 Hansen Road, stated he favored a 32 foot width utilizing State Aid funds and that he did not consider a parking lane to be an issue. Christian Ries, 5800 Hansen Road, stated his preference would be a 32 foot wide roadway without a sidewalk. Jay Addy, 5801 Hansen Road, voiced his concern regarding the distance of the proposed roadway to some of the homes and urged the Council to consider a 32 foot roadway. No further comments being heard from the public, Member Turner offered the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT NO. BA -137 A & B BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements: 2/27/84 209 1. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137A IN THE-FOLLOWING: Hansen Road from Vernon Avenue to Benton Avenue 2. CONSTRUCTION OF PERMANENT STREET SURFACING WITH.CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT N0. BA -137B IN THE FOLLOWING: Hansen Road -from Benton Avenue to W. 60th Street and at the hearing held at tlie'time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvements as described in the published notices of said hearing except that with respect to Improvement No. BA -137B, the roadway shall be 32 feet wide, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for contruction and maintenance of such improvement; that said improvements are hereby designated and shall be referred to in all sub- sequent proceedings as follows: No. 1 Above PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA -137A No. 2 Above PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMM NO. BA -137B and the area to be specially assessed for a portion of the cost of the proposed d. improvement for Improvement No. 1 Above shall include Lots 1 thru 3, Block 1, Warden Acres Berg Replat; Lots 1 thru 3, Block 1, E.V. Klopp's Subdivision, Lots 1 thru 3, Block 1, Emil Erickson Addition, Lots 6, 7, 8 and 9, Garden Park Addition; Lots 7 thru 9, Block 7, Westchester Knolls Add'n; Lots 13 thru 16, Richmond Hills (� -'3rd Add'n; Parcel 2100, Section 33, Township 117, Range 21; Lots 11 thru 16, Block 3, m Melody Knolls 6th Add'n; Lots 5 thru 8, Block 1, Towns First Edina Add'n; Lots 7 Q thru 12, Block 3, Codes Highview Park Add'n. The area to be specially assessed for a portion of the cost of the proposed.improvemeut No. 2 Above shall include Lots 1 thru 4, Block 1, Theo. Nelson Add'n; Lots 1 and 2, Block 1, Naomi Add'n; Lots 1, 2, 5, Block 1, Woody Point Add'n; Lot 1, Block 1, Hayden Add'n; Parcel 4700, Section 33, Township 117, Range 21. Motion for adoption of the Resolution was seconded by Member Bredesen. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. ' Member Turner then offered the following resolution and moved its adoption: RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 120 - 151 -08 (HANSEN ROAD) FROM VERNON AVENUE TO W. 60TH STREET IN THE CITY OF EDINA, MINNESOTA WHEREAS, the City of Edina has planned the improvement of MSAS 151 (Hansen Road) from Vernon Avenue to W. 60th Street, and WHEREAS, the City of Edina will be expending Municipal State Aid Funds on the improve- ment of the Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street,,approval • of the proposed .construction as a Municipal State Aid _ project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in.the City of Edina has been determined; NOW, THEREFORE, IT IS HEREBY RESOLVED; that the City of Edina shall ban the parking of motor vehicles on the.East side of MSAS 151 (Hansen Road) from Vernon Avenue to Benton Avenue at all times, and shall ban the parking of motor vehicles on both sides of MSAS 151 .(Hansen Road). from Benton Avenue to W. 60th Street at all times. .Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. VARIOUS PLANNING MATTERS CONTINUED TO MARCH 19, 1984. Mr. Rosland advised that staff would recommend continuation of the following Planning matters to the meeting of March 19, 1984: 1) Johnson Building Company - 5212 Vernon Avenue South - Lots 1, 2, 3 d 12, Block 1, Grandview Plateau - Overall Plan Amendment - Vernon Hills Condominiums 2) Haymaker - Lots 3, 4 & 5, Block 4, Grandview Heights - Final Rezoning - R -1 Single Family Dwelling District to PRD -3 Planned Residence District and Preliminary Plat Approval 3) Kyllo Development - Gene ;ally located north of Crosstown Highway and west of Vernon Court - Final Rezoning - R -1 Single Family Dwelling District to PRD -2 Planned Residence District and Final Plat Approval of Vernon Court Addition. Member Bredesen's motion was seconded by Member Richards to continue the Planning matters (Agenda Items II -A, B, C) to the meeting of March 19, 1984. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. SECOND READING OF COMPREHENSIVE ZONING ORDINANCE CONTINUED TO MARCH 5, 1984. Mr. Rosland. .recalled that the Comprehensive Zoning Ordinance has been given First Reading at the 2/27/84 210 Council Meeting of February 6, 1984, at which time a number of rezoning issues were discussed. Attorney Erickson advised that a final draft of the Ordinance has been prepared which contains minor changes•prompted by a final staff review as well as the comments and recommendations received from the public. Mr. Erickson then pointed out various zoning changes that are recommended as follows: 1). the Titus Building from Commercial District to Planned Office District, 2) the Southdale area properties from Commercial District to Planned Office District, 3) the National Car property from Planned Industrial District to Planned Office District. A3.1 of these properties•. are developed with 6ffice- •buildings. He stated that the managers.of the properties involved have been contacted and no objections to the rezoning have been received. A letter has been received from National Car Rental stating they have no objection to the zoning change of its parcel to Planned Office District with the understanding that their present uses of the parcel allowed under the existing zoning will remain permissible. Staff has advised them that the uses they are concerned with are accessory uses in the Planned Office District and therefore could continue. Mr. Erickson called Council's attention to an alternate Section 13 Planned Residence District which essentially employs the formulas now in the City ordinance for. R -3 and R -4 Districts, and essentially allows consistency of develop- ment in-those districts. It would also result in considerable reduction of some non- conformance to properties that already exist.' Staff would recommend adoption of the alternate Section 13. Regarding the three unimproved residential properties which have been under discussion, the Hansen property located west of Lincoln Drive and south of West 7th Streeti the Everson property on Cahill Road, and the Kenneth pro - perty, Mr. Erickson advised that discussions have been held with each of the owners. Because the proposed rezoning of these properties to R -1 District has created some misunderstandings, staff -would now recommend that these properties be rezoned to the appropriate zone under the Ordinance. That would result in the Hansen property being rezoned to Planned Office District and would be appropriate because it is presently. proposed under; the Comprehensive Plan as mixed development; as Planned Office District it would be directly across from an existing office building, and would result in a transition from office to residential. Mr. Hansen has suggested that the property he owns.across the street also be rezoned at this time. However, the exact use of that property and how it would be developed has not been determined with any degree of finality and it is recommended that it be rezoned to R -1 District, being the holding zone as specifically now stated in the Ordinance so that there would be the ability to move it into an appropriate zone under the Comprehensive , Plan and Zoning Ordinance. Mr. Everson's property is recommended to be rezoned to PRD -3 Planned Residence District and should have no substantial effect upon its development ability. With regard to Mr. Kenneth's properties, presently one site is zoned R -4 District and some additional lots are zoned R -2 District. Discussions have been held with Mr. Kenneth and. his counsel and :Lt has .been 4proposed .that the Kenneth property zoned R-4 District be zoned PRD -3 Planned Residence District, that some of the R -2 District property be zoned PR6-3 directly adjoining the present R -4 property, and that the long cul de sac be cut off by vacating the road south of the area to be developed with PRD -3, and the area in there be donated to the City as an addition to the existing park. Mr. Erickson advised that the discuss- ions have progressed to the point of a draft of an agreement with some minor details to be worked out relative to the location of the buildings, the location of the cul de sac and the exact descriptions of the property to be rezoned and to be donated.to the City. It is recommended that the Council authorize the staff-:to continue the negotiations with the expectations of bringing back a document for signature in the next week.and that.the Mayor and City Manager be authorized to sign the document if it is acceptable to the City staff and Mr. Kenneth';s counsel. In review, Mr. Erickson stated that Council action needed would be: 1) to approve the changes in the final draft Ordinance, 2) to approve the insertion of the new Section 13, 3) to approve the rezonings, 4) to authorize the continued negotiations and execution of the agreement with Mr. Kenneth, and 5) to continue the hearing to the meeting of March 5, 1984, at which time the Findings, Decisions and Reasons will be presented together with a Summary Ordinance for approval and publication. Mayor Courtney then called for comment from the Council and from the public. No comment being heard, Member Turner's motion was seconded by Member Bredesen to approve the changes as underlined in the final draft Ordinance No.-825. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Member Bredesen moved approval of the new Section 13 to Ordinance No. 825. Motion was seconded by Member Turner who stated that it is consistent with the development of the.City that has taken place to this point and that the densities described in the revised Section 13 are acceptable to her. Member Richards stated he would not support the revision because it increases the possibility that the densities will be greater than what the Council attempted to establish in the 1970'x. Rollcall: Ayes: Bredesen, Schmidt, Turner, Courtney Nays: Richards Motion carried. EXHIBIT C to Minuteu-.of 3/5/84 (OFFICIAL PUBLICATION) CITY OF EDINA 4801 W. 50TH STREET EDINA, MN 55424 -EDINA ORDINANCE NO. 825, THE ZONING ORDINANCE SUMMARY PUBLICATION On March 5, 1984, the City Council of the City of Edina, duly 'adopted Edina Ordinance No. 825, the Zoning Ordinance, which is a comprehensive revision of the City of Edina's existing zoning ordinance. The City Council has determined .that publication.of the title of the ordinance and the following summary of the ordinance will clearly inform the public of the intent and effect of the ordin- ance and has directed that only the title, such summary and maps, together with the following notice be published. Such publication and notice will fulfill all legal requirements for ordinance publication. Notice: a printed copy of the complete text of the ordinance is on file at the office of the Edina City Clerk and the Edina Planning Department, 4801 W. 50th Street, and is available for inspection by any person between 8:00 a.m. and 4:30,p.m. Monday through Friday. J EDINA ORDINANCE NO. 825 AN ORDINANCE DIVIDING THE CITY OF EDINA INTO DISTRICTS AND ESTABLISHING STANDARDS AND PROCEDURES REGULATING THE , USES, INTENSITY OF DEVELOPMENT, LOCATION, ARRANGEMENT, SIZE AND HEIGHT OF BUILDINGS AND STRUCTURES IN EACH DISTRICT, CREATING A BOARD OF APPEALS AND ADJUSTMENTS, PROVIDING FOR HERITAGE PRESERVATION, CONTROLLING THE USE OF AND DEVELOPMENT IN FLOODPLAINS, PRESCRIBING A PENALTY, AND REPEALING CITY ORDINANCES NO. 811 AND 8169 FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY AND GENERAL WELFARE OF THE RESIDENTS OF THE CITY. Section 1. Findings, Purpose and Objectives. This section explains the pur- pose of the ordinance and describes the goals and objectives of the City of Edina Comprehensive Plan which the ordinance implements. Sec. 2. Short Title. The short title of the ordinance is the "Zoning Ordinance." Sec. 3.. Rules of Construction; Interpretation; Severability; Definitions. This section provides rules to be used in construing the meaning of the ordinance and its legal interpretation. It also defines words and terms whose meanings must be . clearly understood in order to apply specific standards, restrictions, and require- ments of the ordinance. 44 e 2 Sec. 4. Administration and Procedures. This section provides procedures con- cerning variances and appeals, rezonings and conditional use permits, and the transfer of properties to planned districts by this ordinance including notifi- cation requirements, application or petition requirements, and procedures for hearing and decision by the City . and the approval of specific development plans.. This section also provides requirements for fees and charges for appli- cations or petitions and provides penalties and remedies for violations of the ordinance. Sec. 5. Districts. The ordinance divides the City into the following zoning districts Single Dwelling Unit District (R -1) Double Dwelling Unit District (R -2) Planned Residence Districts(PRD and PSR) Mixed Development Districts(MDD) Planned Office Districts(POD)' Planned Commercial DistrictsMD) D) Planned Industrial District Regional Medical District (RMD) Automobile Parking District (APD) Heritage Preservation Overlay District (HPD) Floodplain Overlay District (FD) Sec.. .6, District Boundaries. This section provides that boundaries of zoning districts will be shown in the Official Zoning Map on file in the City Hall, a ' composite copy of which, reduced in size, is appended to the ordinance. The Official Zoning Map is adopted by reference and declared to be a part of the ordinance. The boundaries shown on the Official Zoning Map may be changed by amendment to the ordinance. The Floodplain Overlay District is shown on the Official Floodplain Zoning Map on file in the City Hall. Sec. 7. General Requirements Applicable to All Districts. This section provides requirements applicable in most cases to all zoning districts. This section incl- udes requirements for trash storage,., dwel I i ng units in accessory buildings, customary home occupations,. fences, exceptions to setback requirements, drainage, architectural control; building coverage exclusions and inclusions, lighting, frontage of lots, tent and trailer sales, platting requirement, drive - through facilities, district limits, temporary buildings, outdoor storage; setbacks from lakes and energy collection systems. This section also provides requirements pertaining to non - conforming uses, buildings and lots and provides standards as to their use, enlargements, and alterations thereto. _This section also provides standards for the relocation._of buildings-and the construction of public utility buildings and structures. Sec. 8. Parking and Circulation. This section establishes the number of parking spaces required for various uses. It also establishes location and setback, and design standards for off - street parking areas. This.section provides requirements for the proper. circulation of vehicles within parking areas, the relationship of such parking and circulation areas to public streets, and the review of traffic circulation.plans by the City Engineer. 4 3 Sec. 9. Loading Facilities. This section provides requirements for the quantity and design of loading, facilities for various non - residential uses. Sec. 10. Landscaping and Screening. This section provides requirements for the submission of landscaping plans in connection with the improvement of most proper- ties except single dwelling unit and double dwelling unit lots. . The section contains minimum standards as to the size and number of plant materials required and prohibits certain species. The section also identifies uses which must be screened from view from other uses, such as certain non - residential buildings and parking areas. The section also prescribes standards to insure the effectiveness of the screening. Requirements for Specific Zoning Districts The ordinance provides in Section 11 through Section 19 specific requirements per- taining to each zoning district. These sections provide allowed Drincipal uses, accessory uses, conditional uses, interim uses, requirements for-lot areas, and dimensions, allowed density, requirements for building coverage, setbacks, and height, and other special requirements. Sec. 11. Single Dwelling Unit District (R -1)._ Major-Principal Uses Single dwelling unit buildings Parks Major Conditional Uses Churches Schools Civic and Cultural Institutions Golf Club Houses Interim Uses Certain schools and offices only in closed public school buildings.. Major. Lot Requirements Single dwelling unit lot Minimum area 9000 square feet Minimum width 75 feet Minimum depth 120 feet Major Requirements for_Buil'ding Coverage, Setbacks and Height Building Coverage 25% Minimum Setbacks for Single Dwelling Units Front 30 Side Street 15 or 30 Interior side 10 Rear 25 Minimum Setbacks for Conditional Uses 50 feet from all property lines Height Single dwelling units : . 2 Z stories or 30 feet A1-1 other buildings: 3 stories or 40 feet 4 Special Requirements A method of computing setback requirements which are affected by certain circumstances is provided. An increased building coverage for lots less than 9000 square feet is provided. Requirements as to decks, patios, and building dimensions are described: Sec. 12. Double Dwelling Unit District (R -2). Principal Uses Building containing two dwelling units Minimum Lot Area 15,000 square feet Minimum Lot Width 90 feet Major Requirements for Building, Coverage, Setbacks, and Height Building Coverage: 25% Setbacks Front 1 30 feet Side Street 15 or 30 feet Interior Side 10 feet Rear 35 feet Special Requirements A method of computing setback requirements.which are affected by certain circumstances is provided. Requirements for subdivision of R -2 lots are provided. Minimum building dimensions are provided. Sec. 13. Planned Residential-District (PRD, PSR) _ Major Principal Uses PRD -1 - Uses allowed in the R -1 District and townhouses __.;•. PRD -2 - Building with six or fewer units PRD -3 and 4= All residential buildings PRD -5 - Nursing Homes PSR 3 -4 - Senior Citizen dwellings Density The ordinance provides base densities for each subdistrict and provides a system of density allowances whereby the density of a particular property may be increased. ft 5 Building Coverage, Setbacks, and Height Building Coverage PRD -1,2 25% PRD -3,4, PSR -3 30% PRD -5, PSR -4 35% Setbacks Interior Front Side Side Rear Street Yard Street Yard PRD -1 30' 20' 30' 25' PRD -2 30' 20' 30' 35' PRD -3 35' 20' 35' 35' PRD -4, 5 35' 35' 35' 35' PRO 3, 4 35' 20' 35' 35' Height PRD -1,`2 22 stories or 30 feet, whichever is less PRD -3 3 stories PRD -4, 5 No maximum. Height is determined by required setbacks. PSR -3 3 stories PSR -4 No maximum. Height is determined by required setbacks. Usable Lot Area A minimum amount of outdoor living space per dwelling unit is required. Special Requirements Minimum sizes for dwelling units are provided. Requirements for efficiency dwelling units, number of townhouses, sewer and water connections, exterior treatment of accessory build- ings, community facilities in PSR -3 and PSR -4, and minimum distances from four story plus buildings to R -1 Districts are provided. Sec. 14. Mixed Development District Major Principal Uses Buildings with 10 or more dwelling units Offices Civic and Cultural Institutions Conditional Uses Some accessory commerical uses Density The allowed residential density is[ determined by increasing an allowed base density by density allowances which are specified by this section. The allowed non - residential density is determined by the.number of residential units permitted by this section. 1. Setbacks Interior Front Side Side Rear Street Yard Street Yard �D -3 35' 20' 35' 35' MD -4 35' 35' 35' 35' MD -5 50' 50' 50' 50' Heights MD -3: 3 stories MD -4: 4 stories MD -5: No maximum; height determined by setbacks Special Requirements` This section contains requirements pertaining to minimum tract area, ownership of the tract, development schedules, conditional uses, and skyways. Seca 15. Planned Office ,District (POD) Major Principal Uses Offices, banks, medical and dental clinics Clubs, lodge halls Athletic,.health, and weight reduction facilities Employment agencies and travel bureaus Requirements for Building Coverage, Setbacks and Height Building Coverage: 30% Floor Area Ratio: .0.5 Interior Front Side Side Rear Street Street Yard Yard .351* 35'* 201* 20'* *or the building height if greater Height POD -1: Four stories POD -2: No maximum; height determined by setbacks Special Requirements This section provides requirements for determining increased setbacks due to proximity to other zoning districts, proximity of office buildings to the R -1 District,..and building design and construction including allowed building materials. Sec. 16. Planned Commercial District (PCD) Major Principal Uses Retailing Offices Retail services, including gas stations Banks Restaurants Schools Requirements for Building Coverage, Setbacks, and Height Floor Area Ratio PC -1 1.0 PC -2 1.5 PC -3 0.5 PC -4 0.3 .Setbacks Interior Front Side Side Rear Street Street Yard Yard PC -1 35'* 25'* 25k* 25'* PC -2 351* 25'* 25'* 25'* PC -3 50'* 501* 501* .50'* PC -4: Gas stations35' 25' 25' 25' All other uses 45' 25' 45' 25' *or the building height if greater. Height PC -1 Two stories PC -2 Four stories PC -3' No maximum, height is determined by setbacks PC -4 One story Spbcial Requirements This section .provides'requirements for determining increased or decreased setbacks due to various circumstances, proximity of commer- cial buildings to the R 71 District, storage and product display re -` quirements, minimum building size, outdoor, traileraor tent sales, building design and construction, performance standards for uses, maximum business 'establishment size in PC -1, prohibition of drive in uses, and standards for gas stations and car washes'. !�l L-1 Sec. 17. Planned Industrial Distri_ct_(PID) Major Principal Uses Offices Warehousing Manufacturing Scientific Research Printing Shops Business machine sales Animal hospitals Requirements for Building Coverage, Setback and Height Tract Area: 10 acres Lot Area: Two acres Minimum Building Area: 10,000 sq. feet Building Coverage: 30% - 45% Depending on lot area Floor Area Ratio: 0.5 Setbacks Interior Front Side Side Rear Street Street Yard Yard 50'* 501* 20'* 20'* *1 or the building height if greater. Height: Four stories or 50 feet Special Requirements This section provides requirements as to increased setbacks due to proximity to other zoning districts, temporary retail sales, building design and construction including allowed building materials, restrictions concerning noise, vibration, dust, smoke, odor, glare and wastes, and standards for mini storage warehouses. Sec. 18. Regional Medical District (RMD Major Principal Uses Hospitals Clinics Laboratories Requirements for Building Coverage, Setbacks and Height Floor Area:Ratio: 1 n .4.. el E1 9 Setbacks Interior Front Side Side Rear Street Street Yard Yard 35'* 35'* 201* .20'* *or the building height if greater. Height: No maximum; height determined by setbacks Minimum tract area: 10 acres Special Requirements This secion provides that all uses in the RMD shall comply with the requirements of the POD and the standards for residual features of the PID. Sec. 19. Automobile Parking District Principal Uses Parking lots Parking ramps and garages Drive through banks Setbacks Parking Lots. Interior Front Side Side Rear Street Street Yard Yard 20' 20' 10' 10' Parking Ramps, Garages and Other Structures. Interior Front Side Side Rear Street Street Yard Yard 351* 35'* 20'* 20'* *or the.building height if greater. Special Requirements This section provides for increased setbacks due to proximity to other zoning districts. 1 l� 10. Sec. 20. for a zoni significa zoning of � It also pr moving or applying f� the Buildi� hearing ap. provided. Heritage Preservation Overlay District (HPD). This section provides district to protect buildings and land with historical or architectural This district is an overlay district and does not change the.basic e property. This secti-on-provides a procedure for establishing an HPD. ides a permit requirement prior to undertaking work such as remodeling, stroying a building in the HPD. A procedure is also provided for and issuing such permits. The section provides for the authority of i Official to order repairs to building in the HPD and a process for !als from such orders. A penalty for disregarding such orders is also Sec. 21. Floodplain Overlay District (FD). This section provides fora zoning district to protect floodplains located in the City and to regulate developments in such fl odplains. This district is an overlay district and does not change the basic zoning of the property. This section defines a number of technical terms pertaining to floodplain management. A floodplain zoning map and profiles which identify t e location of floodplains in the City are-included in the ordinance. This secti n provides a process for "applying for and issuing permits for the develop- ment of fl odplain lands. Standards and conditions for the issuance of such per- mits are p ovided including the dedication of land along creeks, the effect of development on flood elevations, right of passage, adverse effects on natural resources, limits on filling restrictions on sewage systems, and review by the Watershed Pistricts. The section also requires minimum elevation for new struc- tures in tie F.D. and regulates the subdivision of F.D. properties. This sect* provides for the administration of the section, describes the type of informatio necessary for permit application, and provides a variance procedure. Provisions for nonconforming buildings or structures are also included. . Sec. 22.1 Repealer.• City Ordinance No. 811 and No. 816 are hereby repealed in their Otirety effective as of the date this ordinance becomes effective. Sec. 23.1 Effective Date; Publication. This ordinance is cation of th is summary. A copy of this ordinance with maps Edina Comm *nity Library, 4701 W. 50th Street, Edina, MN. CITY OF EDINA By Mayor ATTEST: Please sen. two (2) affidavits of publication. Please publish in Edina Sun Wed.. March 7, 1984. effective upon publi- is posted at the, 77, G November 17, 2014 To: Edina City Council James Hovland, Mayor Joni Bennett Mary Brindle Josh Sprague Ann Swenson Dear Mayor Hovland and City Council Members: had sent a letter to the Planning Commission in October. At that time they were discussing sport court lighting. As I understand it, the current lighting code is 3 foot candle and a proposed .5 foot candle is on the agenda. This is an.important issue for me as my home is next door to a sport court. I've lived in my home at 6112 Brookview Avenue since 1974. In 2010 -11 JMS developed a home on the property at 6120 Brookview, essentially a lot and a half. In 2012 the new owners, Brett and Mandy Peterson, built a sport-court on their property on the north side of their home. The wooden fencing around the sport court is 6 feet tall except for a small area of 4 feet along my driveway, which I understand is city code. This sport court has a basketball hoop and lighting which was constructed on the north side of the sport court, next to my property. The court is used year round for sporting and family activities and is filled for a skating /hockey rink in the winter time. To prepare for the building of the sport court, Mr. Peterson stated he needed to remove a hedge along the property line between us. I was in contention because the hedge is a hiding place for wintering birds and I questioned his property measurement. Mr. Peterson did remove the hedge and has not replaced it with the arborvitaes as he promised. I've tried to be a good neighbor, ignoring the sporting balls that fly over the fence on to my property — basketballs, tennis balls, golf balls, volley balls, beach balls, etc. hitting my driveway, home and windows at times, or ending up in my flower garden, sometimes breaking flower stems. Initially my neighbor was running over to my property, retrieving the balls that ended up flying over the fence to my property, but I was uncomfortable with that activity. I back my car out of my garage down a small hill, and I may not know that he or one of his children is retrieving a ball from my property while I am backing down the driveway. I expressed my concerns to Mr. Peterson and it was agreed that instead will pick up the sporting balls that I find on my property and place them over the fence. It goes without saying that I no longer park my car in the driveway.if there is sport court activity. Their current sport court lighting, lights up my back yard, extending to the fence to the north. I do not know the lumens that he uses. However, I do know that when I have my kitchen lights off, my kitchen is completely lit up when the sport court is used at night. This feels very invasive to me. In all fairness, Mr. Peterson did consider the lumens that would illuminate my property when he installed the lighting fixtures, but for some reason they have increased. Often, my neighbors use magnification for music they play during outdoor gatherings. I think there is an Edina code about this as well. I would like to know my rights as an Edina resident regarding enforcement of the lighting codes, noise /music codes, property safety and privacy, etc. What are my remedies going forward? I'd like to have a friendly, hospitable relationship with my neighbors, but I feel it is important to relate these problems to the City now before the relationship is beyond repair. I will agree to a mediation session with the Petersons and a professional mediator about the sport court issues. As more and more outdoor sport courts are developed in Edina, all of the above issues need to be addressed. Thank you for your consideration of my concerns. Carol Carmichiel 6112 Brookview Ave. Edina, Mn. 55424 REPORT /RECOMMENDATION r_, � �ly ,aae o To: MAYOR AND COUNCIL Agenda Item #: VII. D. From: Bill Neuendorf Action Economic Development Manager Discussion ❑ Date: November 18, 2014 Information ❑ Subject: Second Reading Ordinance 2014 -19, Amending Chapters 2 and 24 Concerning Permits for Municipal Parking Facilities Action Requested: Approve Ordinance 2014 -19 and authorize the City Manager to implement the revised parking policy effective January I, 2015. Information / Background: In April 2014, significant changes were made to the parking regulations at the 50th and France public parking ramps with a goal of increasing their longevity and efficiency. Further refinements were anticipated after the new regulations had been tested. After six months of experience, City staff recently held a listening session to hear comments about the impact of the new policy and suggestions to better meet the needs of employees and customers. Based on feedback from employees, businesses and the business association and at the direction of the City Council, three changes are proposed for 2015: 1) Offer premium parking permits at $25 per month to allow employees to park in the Lower Level of the South Ramp. The lower level is conveniently located for both customers and employees, but navigating through the area can be confusing for customers. During weekday working hours (8:00 to 4:00 PM), this level is dedicated for employees, a policy that continues to work well. A total of 80 'premium permits' will be issued, one for each marked space. Vehicles with a 'premium' permit would also be allowed to park in any of the other employee spaces in the South, Center or North Ramps. 2) Allow employees to park in a portion of the South Ramp rooftop. While this is the most heavily used ramp, the rooftop is used less frequently. The portion of the rooftop south of the exit stair tower contains approximately 40 spaces that are proposed to be used by employees or customers on a first -come first -served basis. This is not anticipated to adversely impact customer parking in the ramp and may open up more customer spaces in the Center Ramp. City of Edina • 4801 W. 50th St. • Edina, MN 55424 3) Offer daily parking permits to address the needs of temporary employees and customers /clients with full day appointments. Some businesses requested that daily permits be available to accommodate unique circumstances that are routinely encountered: employees from other locations temporarily filling shifts, company- wide staff training where off -site employees spend the day at 50th and France; and clients who have all day appointments for service. These situations occur today with vehicles often parked in violation and at risk of being ticketed. By issuing daily permits and allowing long -term customers to park in designated areas, the more convenient Stalls; should be available to the short -term customer. As with the monthly and annual permits, this program is intended only for businesses located in Edina who contribute to the City's tax base of the commercial district. These changes are anticipated, ,tobe effective January 1, 2015. Attachments: Ordinance No. 2014 -19 Proposed Parking Permit Policy with diagram of designated parking locations THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Schedule A (fees and charges) to Code Section 2 -274 is amended by adding the following fees: Article Chapter Purpose of fee or charges Amount Terms .and and Division Section Employee Parking permit. Regular $10.00 Per month Article 24 -397 Ub Employee Parking permit. 'Premium 2$ 5.00 Per month Vill, division 5 Overnight business vehicle permit $50.00 Per month 24 -397 Daily Parking permit I$ 0.00 Packet of 10 eP rmits� Section 2. Section 24 -397 of the Edina City Code is amended by moving the content of subsection (f) to subsection (g) and by adding a new subsection (f) to read as follows: Daily Parking Permit Individuals employed and businesses located within the 50� and France Commercial Area of the city may be issued by the manager or the manager's designee a daily parking permit for the use of employees, guests or customers. An eligible aDDlicant shall submit an application and pay the fee set forth in section 2 -724 of the city code. Vehicles visibly displaying the daily excess of the posted time limits. Daily permits are valid for single -use MIX. 178895vl 1 Section 3. This ordinance is effective January 1, 2015. First Reading: November 3, 2014 Second Reading: November 18, 2014 Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: - Send two affidavits of publication Bill to Edina City Clerk 2 178895vt m 0 LI'n IN MN Background CITY OF EDINA 50" and France Commercial Area Employee Permit Parking Policy The Edina City Code (Section 24 -397) allows the City to issue parking permits to employees of businesses located at 50th and France in Edina. The City Manager is authorized to designate specific locations for the employee parking. The employee parking locations "shall be those that are least convenient for patrons of the businesses located in the 50th and France Commercial Area." The January 21, 2014 Parking and Wayfinding Feasibility Study identifies several concerns with current employee parking practices and includes several recommendations to better manage parking in the public facilities. Employee Permit Parking Zones Employee vehicles that display a valid permit will be allowed to park in designated areas of the public parking ramps in excess of the posted time limits. Parking is available on a first come -first served basis. Issuance of a permit is no guarantee that a parking stall will be available at any specific time or in any specific ramp. Employee vehicles without a permit will be ticketed. Employee vehicles not parked in the designated locations will be ticketed. Overnight parking is not allowed unless the vehicle displays the proper permit and is located in designated stalls. The lowest level of the South Ramp will be posted "employee only" Monday through Friday from 8:00 AM to 4:00 PM. This area is available for both employee and customer parking at all other times. Permit Type Anticipated Location No. of Stalls Maximum Fee Available No. Permits* See-with Ramp, L,weF 1.,.,,,1 n e.ed go South Ramp, rooftop level, south of stair tower 40 Middle Ramp, 3`d level, rooftop $10 per 94 Employee, Reeular month Wo 910 Middle Ramp, 2" level, covered 90 North Ramp, 3`d level, rooftop, lower, I" and 2nd levels, covered 252 Employee or 1 Per day Same as Regular Employee locations above Not limited Guest Employee, 25 per South Ramp, lower level, covered Premium month 80 80 Overnight for business vehicle for $50 per North Ramp, 3`d level, rooftop 10 10 501h & France month North Ramp, 2nd level, covered (Edina) business Total = Sn 566 1,000 * The maximum number of permits issued may be adjusted based on actual usage. DRAFT Adopted by City Council (Mar-el; A November 18, 2014) Page 11 Level 3 — 114 rooftop 5 -hour customer only (74) 5 -hour customer & employee (40) Level 2 - 110 covered 5 -hour customer only Level 1- 110 covered 2 -hour customer only Lower Level — 80 covered, Premium, Employee only (M -F 8 to 4 PM); other times customer & emolovee Level 3 - 94 rooftop 5 -hour customer & employee Level 2 - 90 covered 3 -hour customer & employee Level 1 - 90 covered 3 -hour customer only Level 3 - 72 rooftop 5 -hour customer & employee Level 2 - 72 covered 2- hour customer & employee Level 1 - 72 covered 2 -hour customer & employee Lower Level - 45 covered 2 -hour customer & employee France Ave — 20 surface 2 -hour customer only Clancy lot — 36 surface 1 -hour customer only 501h near Lunds -15 surface 1 -hour customer only 51" alley way — 6 surface 1 -hour customer only Yellow highlights and s+-0;it / underline indicates proposed change from 2014 policy. November 18, 2014 South Middle North Surface Total Customer Only = -3-34 294 90 0 77 -5" 461 4�e 45% Employee Only* = 80 0 0 0 80 8% Customer & Employee = 9 40 184 262 0 44ra 486 43A 47% Total = 414 274 262 77 1,027 100 * During peak daytime period only Additional Background: In addition to the public parking stalls, there are an additional 305 stalls located on private property for employee & customer use. The South Ramp is the most heavily used ramp but the rooftops of all ramps are used with less frequency. There are approximately 1,000 employees in this area of the City. Approximately 750 employees are working during the busiest shift of the holiday season. Approximately 680 permits were issued in2014. Yellow highlights and s+-0;it / underline indicates proposed change from 2014 policy. November 18, 2014 o Le, , RpoRA I Pmo To: Mayor and Council Agenda Item#: VII. E Fromi Brian E. Plson, Director of Public Works Action M Discussion ❑ Date: November 18, 2014 Information ❑ ` Subject: Ordinance No.- 2014 -20 Amending .Chapters 2 and 28 Concerning Utilities Action Requested: Granting first reading, waiving second reading, and adoption of the attached Ordinance No. 2014 -20 amending Chapter 2 and 28 of City Coder Information I Background: With the implementation of the meter replacement project over the last several years we have completed t he. replace ment'of 14,209 meters by making entrance to those residences and business.across the city. There are 19 properties remaining that we have made at'least 10 attempts to gain entrance. One of the key selling points of the $3.6 million replacement project was that of the old meters contain a very small amount of lead in the piping.of the meter; any meter containing any lead will not be allowed starting.in 2014. The battery lives of the existing Badger meters were also failing at an alarming rate and we question the ability to accurately record the water use. City Code Section 28 -45 states that a meter is required and "The city may remove any meter at any time for testing, calibration or replacement." The attached amendment to Chapter 2 and 28 will allow us to charge a fee,to recuperate lost time and water for these inaccurate meter readings. E • City of Edina 4801 W. 50th St Edina, MN 55424 .v ORDINANCE NO. 2014 -20 t AN ORDINANCE AMENDING CHAPTERS 2 AND 28 OF THE EDINA CITY CODE CONCERNING SANITARY SEWER AND WATER' UTILITY THE CITY OF EDINA ORDAINS: Section 1. Chapter 28, Article Two of the Edina City Code is amended by adding Section 28 -44(6) to read as follows: 28 -44(6) Surcharge, for building or premises where the City has not been able to remove the meter for testing, calibration or replacement. . Section 2. Chapter °2, Article Eight of the Edina City Code is amended by adding the following fee: . Article and 'Chapter Purpose of fee or charges Amount Term Division and Section Article VII, 28-44(6) Surcharge when City not able to remove $50.00 Per quarter division 5 water meter for testing, calibration or. , replacement Section 3. This ordinance is effective immediately upon its passage and publication. First Reading: November 18 2014 Second Reading: Waived Published. December 3, 2014 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor . 1 178959v1 To: City Council From: Karen M. Kurt Date: November 18, 2014 Subject: Board and Commission Member Interview Dates Agenda Item #: VII. F. Action Discussion ❑ Information ❑ Action Requested: Set February dates for Board and Commission Interviews Information / Background: Interviews for Board and Commission take place in February. At this time, there are I I known vacancies due to term limits and 23 members up for reappointment. Staff is requesting that the City Council identify three evening dates to conduct interviews. Options include: • Monday, February 2 • Wednesday, February 4 • Thursday, February 5 • Tuesday, February 10 • Wednesday, February • Thursday, February 12 The entire appointment schedule is summarized the table below: 11/20/14 Notification to members eligible for reappointment 12014 Open application for new members 12/29/14 Finalize attendance reports and vacancy list 1/6/14 Reappointments made by City Council 1/30/14 Close application for new members 1/30/14 Confirm interview times 2/2/14 to 2/12/14 Applicant interviews 2/17/14, New member appointments 2/25/14 and 3/2/14 New member orientation City of Edina • 4801 W: 50th St. • Edina, MN 55424 wqA,r o e �� >' To: MAYOR & COUNCIL Agenda Item #k VII. G. From: Debra Mangen Action City Clerk Discussion ❑ Date: November 18, 2014 Information ❑ Subject: Resolution No. 2014 -145 Accepting Various Grants & Donations Action Requested: Adopt Resolution. Information / Background: In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the departments receiving donations for your consideration. Attachments: Resolution No. 2014 -145 City of Edina • 4801 W. 50Th St. • Edina, MN 55424 RESOLUTION NO. 2014 -14S ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed grants and donations on behalf of its citizens. Edina Park Department Edina Federated Women's Clubs $5,000 Dated: November 18, 2014 Legacy Grant, Edina's Sculpture Garden Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK 1, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2014, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of City Clerk ,sBe To: MAYOR & COUNCIL Agenda Item #: VIII. A. From: Debra Mangen Action City Clerk Discussion .❑ Date: November 18, 2014 Information El Subject: Correspondence Action Requested: No action is necessary. Attachment: Attached is correspondence received since the last Council meeting. T.V. I Protecting, maintaining and improving the health of all Minnesotans October 21, 2014 Jeffrey Brown, CHS Administrator City of Edina Community Health Board 4801 West 50th Street Edina, MN 55424 Dear Jeff, The propose of this letter is to notify you of your Community Health Board's Local Public Health Grant award for January 1, 2015 through December 31, 2015 (calendar year 2015). The 2015 award for City of Edina Community Health Board is $118,919.00 Please note this is only your annual award for the Local Public Health Grant. Your annual award for Title V and TANF will come in a separate letter from the Community and Family Health Division. You will receive a grant project agreement outlining the duties related to the Local Public Health Grant via e-mail. If you have any questions about your award allocations please contact DeeAnn Finley at 651- 201 -4551 or deeann.finIgy@state.rnn.us. Sincerely, Debra L. Burns, Director Office of Performance Improvement Minnesota Department of Health PO Box 64975 St. Paul, MN 55164 -0975 CC: James Hovland, CHB Chair MDH Financial Management General Information: 651 -201 -5000 • Toll-free: 888-345-0823 • www.health.state.mn.us An equal opportunity employer N E.S0:.T.A � ToF:HEALiH Protecting, maintaining and iiiiproving the 1aealth of all Minnesotans October 29, 2014 Jeffrey Brown, CHS Administrator City of Edina Community Health Board 4801 West 50th Street Edina, MN 55424 Dear Jeffrey, The purpose of this letter is to notify you of your Title V MCH Block Grant (CFDA 93.994) award for January 1, 2015 through December 31, 2015 (CY 2015) and January 1, 2016 to December 31, 2016 (CY- 2016). These CY awards are higher than your CY 2014 award as federal reductions due to sequestration where less than anticipated. The awards for City of Edina Community Health Board are: CY 2015 $37,277 CY 2016 $37;277 Adjustments to your award may be necessary if there are any changes to Minnesota's anticipated federal funding. You will receive a I grant project agreement for the Title V MCH Block Grant via e -mail shortly. Please review, sign and return to Janet Olstad as soon as possible so the necessary internal signatures can be obtained to have a fully executed- contract in place by January 1, 2015. If you have any questions about.your award please contact Lynn Marzolf at 651- 201 -3592 or by e -mail at lynn.marzolf@state.m n:us. For programmatic questions or questions about the grant project agreement, please contact Janet Olstad at 651- 201 -3584 or janet.olstad@state.mn:us. Sincerely, % w1wa= Maggie Diebel Community and Family Health Division Director Minnesota Department of Health P.O. Box 64975 St. Paul, MN 55164 -0975 CC: James Hovland, CHB Chair - Financial Management -MDH General Information: 651- 201 -5000 • Toll- free:888- 345 -0823 • www.health.state.mn.us An equal opportuniq, employer Protecting, maintaining and improving the health of all Minnesotans October 29, 2014 I. Jeffrey Brown, CHS Administrator City of Edina Community Health Board 4801 West 50th Street Edina, MN 55424 Dear Jeffrey, The purpose of this letter is to notify you of your Family Home Visiting (TANF) award for January 1; 2015 through December 31, 2015. The awaids for City of Edina Community Health Board are as follows: January 1, 2015 through June 30, 2015 is $19,997. Funding will not be available for services provided after June 30, 2015. July 1, 2015 through December 31, 2015 is $19,998. Funds available for this award are federal funds and the Catalog of Federal Domestic Assistance (CFDA) number is 93.558. Adjustments to your award may be necessary if anticipated funding changes during the award time period. You will receive a grant project agreement for the Family Home Visiting (TANF) funding via e- mail shortly. Please review, sign and return to Janet Olstad as soon as possible so the necessary internal signatures can be obtained to have a fully executed contract in place by January 1, 2015. If you have any questions about your award please contact Lynn Marzolf at 651- 201 -3592 or by e -mail at lynn.marzolf@state.mn.us. For programmatic questions or questions about the grant project agreement, please contact Janet Olstad at 651- 201 -3584 or janet.olstad@state.mn.us. Sincerely, 61kir, � / Maggie Diebel Community and Family Health Division Director Minnesota Department of Health P.O. Box 64975 St. Paul, MN 55164 -0975 CC: James Hovland, CHB Chair Financial Management -MDH General Information :651- 201 -5000 • Toll-free: 888-345-0823 • www.health.state.mn.us An equal opportunity, employer You're invited to a private reception at our new Edina branch Please join us as we celebrate the opening of our new branch just east of Byerly's at 3655 Hazelton Road. Tuesday, Nov 18th 7:30 - 9am Reception o Pastries & Coffee No RSVP needed. Think M U T U A L 8 AN K thinkbank.comledina 952 - 915 -4710 w AAP&T TO i1Ptcs K L'\c u 3�4fL %A.' or�- nyR p.N4Q'L%N LxLA-lOr`i . 1 40PgE H OL't, COQ' -S LAS -i R A %PE c, x41- W ITA vvA R To QE1,Ak A THE C `T'�I oS: Think Bank smart, live well. u r u A L BANK .......---- -_,..._.._.__._._.._ __._.- .,...___.r__._..... _._._..._ . M U N K thinkbank.com 1. 800 - 288 -3425 Heather Branigin From: Briggsmin @aol.com Sent: Monday, November 03, 2014 1:40 PM To: Edina Mail Subject: 4505 Arden Avenue Dear Mayor and City Council, I was very disturbed to see that the house at 4505 Arden was recently razed without using the process that has been set up for demolition of houses in the Country Club District. I understand that there had been several meetings with the Heritage Preservation Board (HPB) over the past four years and they had approved that the back of the house could be opened up for an addition but that the front of the house would be preserved. Through the Edina Heritage Preservation Board's Plan of Treatment process both sides of the issue had their voices heard and a determination was made on the fate of the home, the front would stay and the back could be removed. What disturbs me when I see the house torn down is that the neighbors were not informed of the demolition and the process outlined in the Heritage Preservation Board's Plan of Treatment was not followed. In the Edina Heritage Preservation Board's "Certificate of Appropriateness Application" the requirements state that "The City will send notices to neighboring property owners and other appropriate parties, as determined by the City". This did not happen in this case and there Is no reason that it should not have. No neighbor, whether in Country Club or elsewhere in Edina, should come home to unexpectedly find a hole in the ground where a house used to stand. The HPB's Plan of Treatment also clearly lays out a process that is supposed to be followed that in the case of 4505 Arden was not. The Heritage Preservation Board recognizes that there can be "a significant potential impact by new construction can have on the historic character of the District and therefore lays out a process to be followed that also includes an appeal of the HPB decision. Again, this process was not followed which should be disturbing to everyone in the district whether they felt the house should be demolished or not. The process is there to protect District residents and typically one of the biggest investments each of us have made, our home and its value. Respectfully submitted, Becky Briggs 4509 Browndale Avenue Edina, MN 55424 Heather Branigin From: Peggy Polacek < ppolacek@co mcast. net> Sent: Monday, November 03, 2014 4:35 PM To: Edina Mail Subject: 4505 Arden Dear Mayor and City Council, My husband Steve and I are very concerned about the..process by which total demolition of 4505 Arden was approved. On September 1s`, 2014 we received a letter from GNH informing us that the rear addition would be demolished and the historic facade would be renovated. No further information was provided. Of course city officials have the right and responsibility to condemn unsafe buildings, but we are assuming that was notthe case with 4505 Arden. And why did city staff decide to waive the 20 -day notification period to the adjacent neighbors when,they approved demolition of the historic-facade? It has come to our attention that there was a four -year quest by the builder to have this home demolished. It is our understanding that city staff and the Heritage Preservation Board used the 2008 rules to guide procedures and decisions. Then suddenly, the.process shifted direction without input from the HPB or the adjacent neighbors. This sets a bad precedent for future adherence to the guidelines. It also leaves many residents feeling distrustful, once again, of the City's alliance witji developers who seek profit, rather than residents'who seek the preservation of this city asset. . y,,.i .. Thank you for reviewing the case of 4505 Arden. It sets an important precedent for our neighborhood. Sincerely, Steve and Peggy Polacek 4106 Sunnyside Rd Edina, MN 55424 1 Heather Branigin From: Mark Ettinger <mark.ettinger @cjmnitd.com> Sent: Monday, November 03, 2014 5:14 PM To: Edina Mail To the Edina City Council: I am a resident on West Shore Drive. I had not learned about the Issue of a local connector and sidewalk on our street. I am, we are, totally opposed to that -amendment. There is no need what so ever for a sidewalk. No one has ever, mentioned it. There Is no need to tear up the new street, and everyone's yard to facilitate something that no one wants. I am not aware of any pedestrian safety issue. There is no need for additional snow storage, that is ridiculous. And who is going -.to pay for it? There is absolutely no reason in the'world to proceed with this amendment. There are many more important issues to deal with; in terms of infrastructure. Thank you. Mark Ettinger 952- 921 -5164 (Direct) 952- 921- 5189'(Di.rect fax) Visit our website http: / /www.cimnitd.com/ DISCLAIMER: This e-mail is only intended for the person(s) to whom it is addressed and may contain confidential information. Unless stated to the contrary, any opinions or comments are personal to the writer and do not represent the official view of the company. If you have'received this e-mail in error, please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. Thank you for your cooperation. Circular 230 Disclosure: Any advice contained in this email (including any attachments unless expressly stated otherwise) is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer. Alternative Practice Structure Disclosure: CJMn Ltd is the brand under which Acquisition TBS, Ltd, Michaels CPA, PLLC, and Craig J. Michaels, CPA serve clients' tax and business needs. The three firms operate as separate legal entities In an alternative practice structure. - Heather Braniain From: Geeta Dash <larsondash @comcast.net> Sent: Monday, November 03, 2014 5:36 PM To: Edina Mail Cc: Home Subject: amendment to Sidewalk Facilities Plan To Whom it may Concern: It is my understanding the City of Edina Planning Commission has voted to amend a new Sidewalk Facilities Plan, allowing changing West Shore Drive rom a 'local' street to a "local connector" rom 66th Street to Hibiscus. I am writing to state, as a resident of West Shore Drive, I was not notified this issue was being discussed. To my understanding, there have been no new issues with traffic . on this street since I moved here 20 years ago., I do not see understand why the categorization of this street needs to change, warranting sidewalk placement. Placing sidewalks has many disadvantages, and this is an issue that should not be taken lightly, without resident input. I do not know if this will reach in time, but I strongly urge the City Council to delay discussion and voting beyond today's meeting, so an informed discussion involving residents can take place. Signed, Geeta Dash 7301 West Shore Dr. 1 Heather Branigin From: Susan lean Smith <sjsmith126 @comcast.net> Sent: Monday, November 03, 20146:01 PM To: Edina Mail Subject: RE: West Shore Drive I am not interested in a side walk on our street. One of the reasons I bought my house in 1999 was that it did not have a side walk. I am in my 60's and I do not want the extra work or lose the tree and bushes /fence I have in my front yard. I also want to mention the FRED I know I am late, but it would be nice to have a dedicated dog space In our area. Rather than having to drive on ,highway 62 to 169 when the :traffic is so busy. It makes It difficult to go every day with the traffic. Thank you for your considerationl Sincerely, Susan Jean (2G),Smith 7308 West Shore Drive 952-926-6907 612- 600 -5066 cell 1 Heather Branigin From: Lisa Burroughs <burroughslisal @gmail.com> Sent: Monday, November 03, 2014 6:32 PM To: Edina Mail Subject: Oppose sidewalks on West 60th street The sidewalks On 60th street snuck into the plan are not wanted, or needed and are wasteful. The neighborhood spoke in the, extensive survey the city recently conducted. Why won't the city listen to the people affected and_ . majority impacted? We don't want or need sidewalks on 60th Street. You propose-, sidewalks,. on Benton which runs parallel to 60th and is one to two blocks away. Surely that meets the need. Whd will pay for and shovel these sidewalks? How can this be approved in good consciousness. Have you run this plan for sidewalks on 60th by the City Forrester since numerous huge trees will need to be removed? If you go around the trees, you would be 10- 15 feet from some front doors. Extensive and expensive terracing would need to be done on the north side of the street. This will make future mowing difficult and high maintenance. I walk my dogs all year and sometimes the streets are too slippery and unsafe in winter and I need to'walk across the grass. The sidewalks will not help in winter. How will people be able to maintain sidewalks to the level required without having to hire help? It is all I can do to get my driveway done to get to work, only to have the plow undo the work and then come home to frozen chunks of ice and snow from the plow.' Please do not approve sidewalks on 60th for all of the reasons above. Lisa Burroughs 51.12 West 60th Street 1 Heather Branigin From: Lee <Iheckenl @gmail.com> Sent: Monday, November 03, 2014 6:57 PM To: Edina Mail Subject:. Sidewalk Meeting As a resident living at 5104 w 60th street; I'm strongly against the sidewalk on 60th street. Seid from my T- Mobile 4G LTF Devico 1 Heather Braniain From: Susan Marty Eldridge <smartyeldridge @gmail.com> Sent: Monday, November 03, 2014 7 :42 PM To: Edina Mail Subject: Grand view Space I am concerned of the recent agreement with Franenshuh regarding the use of public land at 5146 Eden Ave. The Edina public has said yes to public use of this land. The Edina public has said yes to a community driven process to determine use of the space. I respectively ask the you table the agreement with Franenshuh indefinitely. Thankyou Susan Marty Eldridge Cell: (952) 250 -9528 Work: (952) 920 -9721 1 Heather Branigin From: Kathy Dahlheimer <kdahlheimer @comcast.net> Sent: Tuesday, November 04, 2014 8,28 AM To: Edina Mail Subject: Communication and what is happening in our city Hello...l have been catching up on meetings for the last two weeks and there is one persistent theme and it is that citizens do not feel they are getting advance or adequate notice of anything that is happening even when it involves their own front yard. It was really bad with the Fred closing and now with the sidewalk situation and in many other projects, it seems very engaged citizens show up and complain of this. It seems it should be a priority item (not on work plan but important). Not everyone reads the Edina Sun (in fact often it does not come), Next Door is something that I just found out about (involves waiting for a code etc) and posted notices I have seen up at 50th about hearings would never be seen by the average busy citizen. I admit I don't have the answer and I know you try but I think with all the projects coming up City Council and staff need to work out something to get the word out better. Thanks for your attention to this situation which I'm sure you are already working on. Also thanks to Ann Swenson for calling out that crazy fee schedule for the 50th St. parking ... $10.00 /month ... is that a joke? Frankly the $25.00 is too low... covered parking probably almost right at the door for many. ...and more or less reserved for the permit holder. Simply unheard of. Don't even consider anything lower. As I write this I am thinking maybe that was $10 /day ? ? ? ?? That area is well served by buses if people don't want to pay for the parking but I think the bus fare would be much more!!! 1 know this sidewalk Issue is tough but my walking route involves some street (that Concord area that now has been taken off even though it goes right to the school) and mostly sidewalk (I plan it that way) and we need the sidewalks. It is unpopular now but they will get used to it and thank you in the future. I also think in most cases as long as the hydroseed works the area Is left looking much nicer than before. Thanks for all your work and now have to go and vote. Kathleen Dahlheimer 4801 West 60th Street Heather Branigin From: deanne dubbs <ddubbs @hotmaii.com> Sent: Tuesday, November 04, 2014 9:37 AM To: Mary Brindle (Comcast) Cc: jonibennettl2 @comcast.net; joshsprague @edinarealty.com; swensonannl @gmail.com; Edina Mail Subject: RE: Opposition to Sidewalks on Maddox Lane Dear Mary, Thank -you for your email and thoughts about the Wyman bridge. As I tried to explain at last night's city council meeting, the bridge is important for car traffic as it is the quickest way for automobiles from the north of Hwy 62 to access southbound Hwy 100 via the 70th Street ramps. I, myself, drive that route almost daily. Pedestrians on the other hand have no destinations in the adjoining neighborhoods on either side of the bridge. We are in the middle of acres and acres of homes and so people walking in our neighborhood generally pick a path for pleasure, not a destination orientated journey. And so your belief that residents in the four quadrants are inclined to walk miles to visit a neighborhood across the freeways is not realistic. Residents on Maddox Lane have shared with me that they like to walk in our neighborhood and will often walk to the pond a few blocks away. I can't remember seeing a pedestrian on the Wyman bridge in months, although I drive it very often. At last night's meeting, I was surprised to hear that surveys had shown that the majority of residents wanted more sidewalks. No one from Maddox Lane recalls being included in the surveys. How were these surveys conducted? How large was the survey population? Was it targeted to a certain sector of the residents? How is it that the results of the Maddox Lane survey differ so greatly from the results put forth by the sidewalk planners? It was also clear that the public engagement strategies employed by the city have failed to inform the residents of Edina of the proposed sidewalk plan. West Shore Drive and Maddox Lane residents were only informed of the sidewalk plan and council meeting by way of a one resident from each of their streets spreading the information. The internet is a great tool but it is not reaching the vast majority of Edina residents who have not known that they need to sign up for the Edina Extra, Speak -up Edina, etc. if they want to be informed. I had no idea that I needed to connect to these websites or risk being left out of the decisions that directly affect me. At the close of the public hearing last night, it seemed that the city council, on the eve of an election day, was putting off making an unpopular vote and rescheduling it so as to avoid the displeasure of the residents. It is my understanding that the vote will now be taken on Dec. 2. There was some talk of meeting with residents of neighborhoods for further discussions but when and where these meetings are to be held and more importantly, how the residents will be Informed of when and where the meetings will take place was not disclosed. The lack of transparency in the sidewalk conundrum is beginning to look like there is a construction company that stands to gain from the mostly private plans that have moved through the transportation, planning commision and are now before the city council. How can you say that the residents need and want the sidewalk on Maddox Lane after hearing the consistent message that my neighbors brought to you? Not every sidewalk is a solution to a problem. Please consider putting a sidewalk where it is needed and wanted, that would be good and wise government. Respectfully, DeAnne Dubbs From: mbrindle @comcast.net To: ddubbs @hotmall.com Subject: Re: Opposition to Sidewalks on Maddox Lane Date: Mon, 3 Nov 2014 14:54:36 -0600 Hi Deanne, I wanted to follow up with you, first to thank you and your neighbors for taking time to talk about the sidewalk plan, and second to let you know that I have been thinking a lot about the overall plan and why Maddox Lane is included. When I look at the overall plan, the idea is to give pedestrians a way to get around your neighborhood and connect to other neighborhoods and destinations.in Edina. Edina is challenged by the two highways that divide it into four quadrants. It seems to me that the connection to Wyman is an important one. And that connection is made from Maddox Lane. The placement of the sidewalk is generally on the side of the street where most people live. Most of your neighborhood lives North of your home which is likely why the sidewalk is suggested for the North side of Maddox Lane. Please know that I understand your concerns and will go into tonight's meeting with an open mind. I wanted you to be aware that I feel that connection to Wyman Avenue is an important one that we will talk about this evening. That's all for now. The decision about sidewalks is a tough decision. Thanks again. Mary Brindle. From Jeanne dubbs Sent Tuesday, October 28, 2014 11 :39 AM To 'Mary Brindle subject. RE. Opposltion. to Sidewalks on Maddox Lane; Hi Mary, Greatl I'll meet you at 5316 Maddox Lane on Friday at 3:20. I'd like to ask Paul Hanson if he could join us, too. Thanks for taking the time to see our situation up close. I look forward to meeting you. Sincerely, DeAnne From: mbrindle @comcast.net To: ddubbs @hotmail.com Subject: Re: Opposition to Sidewalks on Maddox Lane Date: Tue, 28 Oct 201410:52:13 -0500 He Deanne, 3:20 on Friday works for me. I will meet you at your home unless you tell me otherwise. Mary Brindle. From deanne dubbs Sent Tuesday, October, 28, 2014 10 49. AM To Mary=Brindie - Subject,. RE Ooposition-to"Sidewalks`on Madddx. Lane Good morning Mary, Thank -you for responding to my email. It would be very kind of you to meet me on the street where I live. Unfortunately our schedules this week will make it tough to get together, but not impossible. Thursday I work from 9 to 5 and Friday 7 to 3. If you could meet me at 3:20p.m. on Friday we would have enough time to take in the 2 block Maddox Lane conundrum. Otherwise, I could ask Paul Hanson, who lives on Maddox Lane, if he is available. Let me know what you decide. Respectfully, DeAnne Dubbs From: mbrindle @comcast.net To: ddubbs @hotmail.com Subject: Re: Opposition to Sidewalks on Maddox Lane Date: Tue, 28 Oct 2014 10:28:26 -0500 Hello Deanne, Thank you for your note, below. The plan for sidewalks in the Indianola area was amended because of the low traffic in the area. Also the front yards are shallow in this neighborhood. I will review the sidewalk plan and traffic counts in your neighborhood and am happy to meet with you on your street as well. My schedule is flexible on Thursday (11 to 4) and Friday (any time before 4) of this week. Please let me know what works for you. Thank you, Mary Brindle. From: deanne--dubbs Sent Monday, October 27, 2014, 9 35 PM To h.iOII *EdinaMN gov , johibennettl266omcast net ; mbrIr dle(@cDmcast.net , ioshspragueCa�edmarealty corn swensonannI(ftmail.com ' Subject: Opposition to Sidewalks on Maddox Lane To: Mayor Hovland and Edina City Council, Members, attended a open house meeting on Sept. 29th at the Edina Public Works & Park Maintenance Facility for information about projects being considered in my neighborhood for 2017: Although, the Sept. 8th letter announcing this meeting said that sidewalks are not included with every project and that a future questionnaire would help evaluate the-need for sidewalks; at the meeting there was a poster map showing the Edina Sidewalks"FacilityComprehensive Plan which indicated a sidewalk was planned for my street; Maddox Lane. Let me be clear, I am against the plans to put a sidewalk on my street. I contacted the Engineering Department and was told to attend the Edina Planning Commission Meeting on Oct. 22nd to voice my concerns. At the meeting there were residents from 2 other neighborhoods that were against sidewalks on their streets. After listening to our concerns the members of the commission voted to approve the Sidewalk Comprehensive Plan without any changes and to send it on to the Edina City Council for approval. The fact that residents just to the east of Maddox Lane along Valley View had successfully petitioned to have the sidewalks planned for their street be dropped off the plan was known to me before the Oct. 22nd meeting but since then I have heard of two more neighborhoods, Golf Terrace and Indianola /Juanita Ave. who have had their sidewalks removed from the plan. As the plan is now set for a vote by the Edina City Council on Nov. 3`d '1 am concerned that the rush to approve this plan will make it impossible to amend and as I've discovered citizens are mostly unaware of the comprehensive plan and the Living Streets Initiative. The criteria that the Sidewalk Facilities Plan has put forth as pertaining to Maddox Lane were, according to Mark Nolan; most likely measured on the Valley View section of the roadway which has now been dropped off of the plan. Another resident of Maddox Lane, who also attended the Sept. 29th open house, Mr. Paul Hanson, and I have interviewed all residents with property along the 2 block street of Maddox Lane. We asked these citizens if they wanted a sidewalk on our street, whether they felt it would improve the character of the neighborhood, and whether or not they felt safe walking and biking on Maddox Lane. All, but one, of 17 residents are opposed to the sidewalk on Maddox Lane. Almost all were unaware of the Sidewalk Facilities Plan. There seems to be a rush to implement this plan before citizens are made aware of it and more seriously, before citizens can have a voice in the future of the neighborhood in which they live. The Maddox Lane neighborhood-is notclose to any restaurant, grocery, library, school, or parks with summer programs that one would walk to. The children are bused to school. People out for a walk in our neighborhood are, just that, out.for a walk and they can choose any street near around for their pleasure. Would the city need to put cemenf in every yard to solve a problem that doesn't exist? Has anyone been involved in an accident on Maddox Lane? Would not the residents of the neighborhood have intimate knowledge of what is needed? Is it no longer a government of the people, by the people, for the people as._Lincoln proclaimed at Gettysburg? Are our elected officials listening to the voters that brought them into office? look forward to the Nov. 3rd Edina City Council Public Hearing. It is my sincere hope that the council will amend the Sidewalk Facilities Plan to exclude Maddox Lane. Sincerely, DeAnne Dubbs, 5316 Maddox Lane Heather Branigin From: deanne dubbs <ddubbs @hotmail.com> . Sent: Tuesday, November'04, 2014 -10:10 AM To: Edina Mail Cc: jonibennett12@c0mcast.net; Mary Brindle (Comcast); joshsprague @edinarealty.com; swensonannl @gmail.com Sub j " . x Lane Sidewalk Opposition ect• " Maddo; Dear Mayor Hovland, Thank -you for your kind permission to allow me to send you my entire prepared comments which did.not fit the 3 minute limit at last night's city council meeting so as to include them in the public record. I look forward to our next opportunity to discuss the sidewalk proposal in a less structured format. Clearly, the residents of Maddox Lane agree that the sidewalk planned for our street is ill- advised. My remarks were to have been as follows: My name is DeAnne Dubbs. I have raised 4 children at 5316 Maddox Lane where I've lived for the past 30 years. In a survey of all residents living along Maddox Lane, taken on Oct 25th, 26th, 94% are opposed to a sidewalk on our street for various reasons. The criteria that the Transportation Planner has put forth as pertaining to Maddox Lane, were, according to Mark Nolan at the Oct. 22nd Planning Commission Meeting, most likely measured on Valley View, a section of the roadway now dropped off the side walk plan by a previous vote of the city council. The 85th percentile speed of 38 miles per,hours listed in the criteria matrix would be hard to achieve on Maddox Lane which has a sharp S -turn at one end'and a stop.sign 2 blocks later where it dead' ends at Hansen Road. If speeding were a problem, it should be addressed by law enforcement. Sidewalks have not been shown to slow down cars, rather cars glow down when pedestrians are present. 94% of the residents living along our street feel safe when walking or biking on Maddox Lane. There have been no pedestrian accidents reported on Maddox Lane. At the very least, the transportation department should conduct speed and traffic counts on the street in question when making.aheir judgments. Although the.Wyman bridge serves to provide car traffic the,opportunity to cross Hwy 62 and, in doing so, allows access to Hwy 100 and various commercial districts, very few destinations are close enough to Maddox Lane for pedestrians. It is a 3 mile round trip to the closest library, restaurant, grocery, drug or liquor store. Southdale is over 4 miles, there and back, and 50th and France is 6 miles. Within the Birchcrest Neighborhood, all destinations are north of Maddox Lane. If one wants to walk to Birchcrest Park, or to the Metro bus stop on Benton and Hwy 100, or the community center, one would hardly first walk south to Maddox Lane, only to then turn north to reach their destination. It doesn't make sense to put a side walk on a car route when pedestrians are inclined to take the most direct path. If the purpose of the walk is for pleasure, residents are able to choose streets with less car traffic. On Friday night I had 17 trick -or- treaters at my house. 6 of them were from Minneapolis, and 2 were children from next door. Only 9.were from the surrounding neighborhood. Obviously not a popular street at the 'southern edge of the neighborhood. There are costs to be considered. The sidewalk would be paid for by public money from utility fees that all Edina residents pay. Why not install sidewalks where the public feels they are needed and wanted? Since the driveways now allow for 4 cars, 2 cars wide and 2 cars deep, a 50 %. reduction would occur after sideways were installed and driveways would no longer be deep enough for a second row of 2 cars. There are 2 day care providers on Maddox Lane who would be faced with reduced off street parking for their client families especially during critical -drop -off and pick -up times. Snow, and ice removal will be another cost to residents whether they do it themselves or hire it done. I currently shovel a 629 square foot, driveway. After adding the 5 foot wide side walk, to be placed near the edge of the yard where the snow plow deposits the street accumulation, that increases to shoveling 919 sq feet, a 46% increase. Residents are required to remove all snow and ice within 48 hours or else the city will clear the sidewalk and asses the cost to the property owners. And, should some one fall and be injured, I could be faced with expensive litigation. Almost all of the Maddox Lane residents were unaware of the Edina Sidewalks Facility Comprehensive Plan until our door to door survey conducted 8 days ago. A z letter to the Birchcrest Neighborhood from Patrick Wrase, Assistant City Engineer, dated Sept. 8th, concerning roadway reconstruction, mentions that sidewalks are not included with every project and that,a future questionnaire will help evaluate the need for sidewalks. It was only by attending the Sept. 29th meeting at the Public Works Facility, and there seeing-,,a poster of the proposed sidewalk map, that] realized clearly, sidewalk decisions�hadr already been made: -At the Oct. 22"d Planning Commission Meeting I was told that the community had; been notified by social media, that you could find the information on the Edina internet website, and by an add in the Sun Current newspaper which is so small and brief that it would not arouse curiosity. There seems to be a rush to implement this plan before citizens are. made aware of it and more seriously,,before citizens can have a voice in the neighborhood in which they live. The 3 neighborhoods of Valley View, Golf Terrace and Indianola /Juanita have had the side walk plan amended to exclude them. Maddox Lane now makes the same request. It is a misuse of public funds to put a sidewalk on a seldom walked street which is not a direct route for the few neighborhood destinations. It would,place an unnecessary burden .on the residents who clearly do not want it. The elected officials should question the validity of the criteria approved by the planning commission and be sensitive to the residents of the neighborhood who have lived on Maddox Lane and so, have intimate knowledge of the foot, bike and car traffic on their.street. It is against the will of the people and so we ask you to amend the plan to remove Maddox Lane before you vote to approve the plan in it's entirety. Thank -you. 3 Heather .Branigin From: Tim ONeill / ONeill Brothers <tim @pianobrothers corn> Sent: Tuesday, November 04, 2014 1:37 PM To' Edina Mail cc: Chris Bremer, jan.callison @hennepin.us Subject: Xerxes Ave Dear Mayor Hovland - Thank you for the great job that you are doing In leading our vibrant city of Edina! My wife Annie and I are originally from New Prague, 'MN but movedilnto Edina's Creek Knoll neighborhood with our four children three years ago and are loving it. I am writing today about the appearance of Xerxes Ave, and I understand that you will be discussing this issue on Nov 10th. I completely see the need to stop people from the unsafe passing that takes place on the shoulder on Xerxes, but the solution of the white posts looks absurdl I have traveled all overthe world and I have never seen something like. them. Certainly there is a better, more attractive option to welcome drivers entering our lovely city from our Eastern boundary? Please reconsider another opt!on,that better represents this cutting edge town In which we live. i Thank you again for your service to our city of Edina. Tim O'Neill 3537 W Fuller St The O'Neill Brothers 612.377.4249 (home office) www.pianobrothers.com Over 10 million copies sold Make someone's day todayl Follow and learn more: https:// www. facebook .com /ONeillBrothersPianoMusic https://twitter.com/pianobrothers Heather Branigin From: Nick Orum <nickorum @gmail.com> Sent: Tuesday, November 04, 2014 5:25 PM To: Edina Mail; jan.callison @hennepin.us Cc: cbremerl @gmail.com Subject: Xerxes Ave South bump -outs Attachments: IMG_2400.1PG Mayor Jim Hovland, and Commissioner Jan Callison: I wish to provide feedback on the recent implementation of bump -outs along Xerxes Ave South. I attended the original presentation of the bump -out solution at the Edina Community Lutheran Church earlier this year.` The county engineer leading this project, did an EXCELLENT jobpresenting the solution, answering ALL questions, and encouraging attendees to reach out to their representatives to voice perspectives. At this meeting, I asked what other technologies were evaluated to achieve the goal, of pedestrian safety. I got the sense that the bump -out was the strongest candidate due to funding, but there are perhaps better solutions at some expense. I am not clear what those alternatives might be, but I must indicate:'my dissatisfaction with the implementation of bump outs as currently designed. I think that the work done on Lyndale Ave in the Kingfield neighborhood several years ago is a great model that we should aspire to, assuming we can work out funding. I set aside time to participate in this process, questioned the design, let my point of view be known in the meeting not supporting it, and yet ended up with a bump -out outside of my home (see attached); bad luck. I understand that this is how communities make decisions and act on them, but I hope you can consider this context for my feedback, for what it's worth. There appears to be some discussion that the bump -outs, as implemented, did not match expectations set in that - meeting. I disagree, as the engineering drawings presented, as I recall them, seem to match the implemented solution exactly. I think perhaps the attendees at the meeting were unable to visualize the solution based on these drawings, which suggests that perhaps in future discussions a more life -like rendering would be helpful. As an aside, communication from the County has been excellent. The engineer responsible for reviewing plans with residents was extremely helpful,'took time to meet with me after my work hours, and was conscientious that our neighbors were similarly informed ahead of construction. I appreciate your listening to this feedback, and thanks for representing your constituents. Regards, Nick Orum 5712 Xerxes Ave South Heather Braniain From: Mike Osterholm smto @umn.edu> Sent: Wednesday, November 05, 2014 6:46 AM To: Jeff Spartz'; m @landschute.com; tfur16ng @ci.chanhassen.mn.us; PaulSkrede @mchsi.com; Edina Mail; mgaylord @ci.excelsior.mn.us; sharris @goldenvalleymn.gov; dkind100 @gmail.com; emax33721 @aol.com; marvdjohnson @gmail.com; thultmann @longlakemn.gov, jeff.pederson @ci.medina:mn.us; betsy.hodges @minneapolis.gov; tschneider @eminnetonka.com; ahunt @ci.minnetrista.mn.us; Imcmillan @:ci.orono.mn.us, kslavik @plymouthmn.gov; dgoettel @cityofrichfield.org; 'Scott Zerby; sreinhardt @ci. spring- park. mn.us; jjacobs1956 @yahoo.com; AnneMavitySLP @comcast.net; gerryd @terradek -com; toconnor @ci.victoria.mn.us, cjohnson @ci.watertown.mn.us; kenwillcok @wayiata.org; jdoak.woodland @.hotmail.com; 'Sherry White'; 'Brian Shekleton'; 'Richard Miller'; 'Jeff Casale'; 'James Calkins ''Pamela Blixt;'Bill Olson'; 'Bill Bushnell'; 'Peter Rechelbacher'; 'Gerald Ciardelli'; 'Lee Keeley'; 'Tom Baltutis'; prisbue6 @gmail.com; 'Sylvia Carlson'; 'Tom Casey'; kingslynn25 @yahoo.com; 'Chris Dovolis'; kgothberg @msn.com; 'Nina Holiday- Lynch'; h20,johnson @hotmaii.com; mkjol @kjolhaugenv.com; jlofgren @cahillswift.com; richardmanser @icloud.com; 'Steve Mohn; dmoltmans@comcast.net Rosenberg'; 'Neil Weber'; mike.o pat@ henne pin.us; linda.higgins @hennepin.us; marion.greene @hennepin.us; commissioner .mclaughlin @hennepin.us; randy Johnson @hennepin.us; jan.callison @hennepin.us; jeff.r Johnson @hennepin.us; citizeninfo @hennepin.us; sheriff @co.hennepin.mn.us; 'Bill Bushnell'; 'Peter Rechelbacher'; 'Gerald Ciardelli'; 'Lee Keeley'; 'Tom Baltutis'; prisbue6 @gmail.com; 'Sylvia Carlson'; 'Tom Casey'; kingslynn25 @ yahoo.com; 'Chris Dovolis'; kgothberg @msn.com; 'Nina Holiday- Lynch'; h20 ,Johnson @hotmail.com; mkjol @kjolhaugenv.com; jlofgren @cahillswift.com; richardmanser @icloud.com; 'Steve Mohn'; dmoltmans @comcast.net; 'Marc Rosenberg'; 'Neil Weber' Subject: 11 -06 -14 Sun Sailor Article Attachments: Sun_11- 06 -14, pdf Dear CAC Members, I'm simply in shock. I just read the story on the ongoing dysfunction of the MCWD Board of Managers in the November 6 issue of the Sun (attached.) While this entire situation seems to devolve more each week, it hit an all -time low with the comments from Board of Managers this article. I find it highly ironic and simply unprofessional that Brian felt his conversations with me and others of you bordered on abusive yet Jeff Casale claims that he didn't swear or yell at Monson — which is simply not true. I have never had a private conversation with Brian In the time since being on the CAC. Every one of my exchanges with him occurred lin front of you at our CAC meetings. As you know; I have never been abusive to Brian, that includes never raising my voice, swearing or accusing him of illegal or improper behavior. I have challenged him on statements that were not factually correct (a number of these) and asked him for clarifications of statements that seemed to make no sense. The fact that the only fall back position for some of the Board of Manager members to explain their behavior is to now accuse CAC members of being abusive is something we should never accept and is simply a highly unethical diversion to avoid dealing with their own significant dysfunction . While we as CAC members may not agree with each other on every issue before us, I have been incredibly impressed with the overall thoughtful and respectful way in which you have communicated with the Board and CAC members throughout this process. I'm now more convinced than ever that the current Board of Managers are incapable of providing the critical leadership the MCWD needs to move us forward. It's all about good governance; it is simply not a personal vendetta as our efforts 1,. are being portrayed by some of the Board of Managersl We simply can't continue to allow the District's leadership to dig the dysfunction hole any deeper. Despite my travel schedule right now related to the Ebola epidemic I am going to make every effort to be in town for the next CAC meeting. I hope all. CAC members can come too. Our efforts to date have been. inadequate to address this situation. Even though some Board of Managers have suggested the CAC needs to be reformed (what I believe is code for how to silence us), we can't let these statements deter us from doing what is right. We need to find a more effective and consequential way forward for all residents of the Districtl Thanks, Mike 0 2, Watershed di AH": t `board attempts to hash ou Managers discuss allegations of misconduct BY STEPHANIE HELSETH SON SAILOR NEWSPAWS The Min ichatia Crcek Watershed District Oct:. 30 'Board 'o£ Managers. Retreat brought little res- olutionto the outstanding issues and charges. Following a 4 -3 vote in April to terminate former Administrator laic Even -. son- i�tardcn and a. .vote of "no confidence" by 111e Board's Citizens Advisory Ciirnmittec. in July, the Board has. been focusing . more on internal issues than on water quality., Some or these issues, including Manager Jeff. Casale's alleged misuse of public funds along with the reporting responsibil- ity of public officials, and a clarification of district . policies. inciuding.a Board code of conduct and deco- ruin, made up the. agehda -fur.lhe Oct. 30 Board Re- -treat After a tumultuous bapk -and forth between. Ih6.' Board .majority .and ininority, Ahe-:seven mall ugers found themselves little closer;, to conflict resolution at the end of the night than when they arrived. Code of Conduct Glrelier this year Man ager, Pam .13tixt: requested . the Board discass a code of conduct to govern the .Board mectings. In adctifiiiii to the Board's. current code of conduct, which regulates the Board in regard to requested addilig a other items. Reading from a list of suggested "typical Mules" Adopted by governmental agencies, Blixt.,`cited re- fraining from priva(C con- versatioil during.:iucetiligs as: a commoif` :rule.. Site .continued to list, several. ot,h, ;r options. would . ask your consideration to look, at things _ (counsel). might uil to consider," Blikt stud. . "(Suggestions .' in- cludc) _refraining from flit it of, Offensive words, threats or violence or oth- er objeetionable.:language in or against the council or against tiny member of timpublic ... allowing tile use of cameras, video or other recording .'devices; but requiring, titern to be used in an unobtrusive manner." Bli$t offered these sug- gestions in it to the Hoard's discussion of how and when the public. should be addressed d tr- ing toart meetings: �. Manager. Richard. Mill- er replied to Blixt's. coin= Inents claiming none of the issues that could_ be solved: with. those rules'ex- ist_on the current Board of Managers., -I don't.lhnik we should allow anyone to have handguns during the dis- cUssion ... I don't think we should authorize .nuclear explosions 'or anything 'of that nature," Miller: said. "You just are reading stuff that we've never eIheo;tui -. tered. It's never happcmed and Lthink it's for.the lien -. elit of the reporter that's. here that you're reading this stuff out tike its areal problem. It isn't. It never has been." Board for approval. lVfanagor reporting responsibility In response to: a column in the Oct. lG Excelsior SwiSailorsigned.by Man tigers 131W,. Jim Calkins find Bill Olson;: in %which the authors claimed.'Ca- sale misused.l ublic ftinds to, write and distribute his apology .letter tc�. Deop< hElven'ti Jon Monson, the Board discussed tlic:.re- sponsibility ,of managers to report wro6g- doings to the appropriate atlthorita- five body. The majority of the dia- logue focused oil whether Casale actually did misuse public funds and, whether the inariagers who:subrnit- ted their column to the, Sun Sailor shoutd,have.in- stcad simply reported the suspected nilsuse.of funds to the state auditor. Olson presented a reso- lution to the Board that would both authorize the watershed district to .re port the mutters to the state auditor as well as ruquim Cusalc to reim burse the district for any cxiienses incuried inap propt'iately 'regardless of the outcome of any inves tigatioil." Casale responded to the proposed resolution by saying he is "dispsted" that "this witch hunt ". is continuing: "This is really absurd," Casale said. "For you to cllaractcri' c this (as '.you have) is so mean- spirjled F.or:yoit to sit there.:and. claim that you .would :be doing this, for any, other re its �m than : yaur:: earl -: paign about Eric, it is so, so disappointing ... When . are you going to stop'? Botird. President Sherry Castile's letter. numerous allegat: "The permission to founded ..and rep .. use the. ConSullalits went . though they're. ff through the adiiiinistra- instance; I 'did n, tor," White said. "(The at anyone at it pub discussions) , were not ing ...'or lint a116N% ,about Jeffs apology, .. they speak....: I. valuetr were about (lie other in- Caside said lie s forinittton necessary , be- allegations as a cause -tlie district'sereputa -: IOUs .- .Vcudetta" t lion was ;being. assaulted : lttm look bird.. His apology" wasstarted Shekletoll s' before the. CAC`even niet, the 'managers v it was I lot ;an, apology be- concerned about cause the: CAC requested alleged m'isase .o srgii':froni the_Bolird . Blixt . funds simply rep, Manager, Brian. 5hek- to the appropriatc Teton Bald the Board ini =. ities; A inotion to nority, which authored' _passed 7 -0. the column, should have chosen to report its suspf- "'.l'he Citizens Advi! cions to the state. auditor Carumlttee instead or submitting ai : .The Citizens column for :prin1.: Coinniittec exists "The. basil of this ... is statute nlid serve that a consultant we Hired, . vise the Board of and .another one, worked ers. with. a niaiiager, to draft . Since July, muc a letter;" Shekleton said.. Committee's `Vlletl you make tt public, have been co nse statement like 'people are, conversation s1 breaking: the law. on our .ing the govelrianc board, by tiiaking that . Board and probl, public. statement, you are exist within. the B acknowledging you know stead .of, the wale of the law being broken .issues the Commi And the statute is clear you ally talks about. have to report.. that,. but. : Wliih the..Cc instead. you went to the is by. ntiture :inte newspaper. Had ypu full. be advisory'to th that. phrase. past your wa- President White , tershed: attorney, he ..may , surprising . possit .have said "try a, diri'erent . tion. to tho:.'Cor phrase' ..: that Is what 1 stronghold, on t assume Jeff did'. :' ernance practice: Casale responded to the Board: "We co- packet presented by 01- Pend CAC muti- soli containing einails.alid Tither doeuments regard- ing his .alleged. misuse of f public u, rids by deifying anything he died. Was inap- propriate,: including.. the incident between :himself and Monson earlier this year. "This packet's been further notice. St Ally, really, really shape from CAC ..: -it's the. worst :the mouth.,' White and S even went as far they felt unsafe Committee mee the last couple me conflicts of interest and Other managers under - White said she doesn't ob- Banded out. I have nocon- "I walked out the rule that.if any Board stood Blixt's concern and jecl to (lie use of iistrict fidence that it's going to be back of the neinber were to be con- suggestions, and ultimate - Board District: runds to respond to issues the Bottrd, i`eported outsldethis roorii ['yq� seen And i was - tifraid said :''I steppe( deced, °for : elnployment..ly flit. gave su frounilitig. correctly as #.ot iy tie tv ttgr9hdd dish*t ' legal coullsol ditcctrofi:.to slid that District flihds anything - rf;pq.� d cor lofzked` ar011nd they.wouldfirst haveto td- formulate a. c.ode'.of t.ou- were used to respond to redly outside tl'is room'" to -make sure ita srgii':froni the_Bolird . Blixt . duct to bring back to ahe those suet issues and not 'Casale said. "There's been: in the_parking lot ;ted adding R other Board for approval. Casplo's letter. Manager reporting ding from it list of responsibility led "typical ;miles" Iniresponse to a. column ,A :by goVernmental in the Oct. 16 Excelsior es; Blixt . cited ye= Sun Sailor signed by Mail- . ig.from privhtebon- agers Blixt, Jivil Calkins on Lin. n-g meet . ings and Bill Olson, in which. coillilloir rule. She the: Authors claime d b- ued to Iist: several sale:misused publipAinds, )ptions. to write and distribute his would ask your apology letter to Deep- cration to look at haven's Jon Monson, the (counsel) might Board discussed the re= to consider,'' Blixt sponsibility of managers "(Suggestions iii- to report wrong-doings; to refraining from the the appropriate authorita- I' offensive words, live body, or violence or oth- The majority of the. di"117 ; cti(Aabl . e language login; focused oil, Whather against ist the council Casale iictually did itlisuse illst any iiieniber of public ftitids and whether blic.....: alloivbfig the the riiiiiiigcr ' s who subillit- Yide6 or ted.: their colunip. to the i- recording:. deirices,: Sqn.Saijor should have it!-. i 41iii-iri :thorn- .g Aa be d * ply:, steiii :siln reported the. n ,Ili unobtru.sive suspected misuse of funds r. to-the state auditor. offered these sug- Olson presented it reso- in addition to lotion to the. Board that ard's discussion of would both authorize the id when the public watershed district 'to re- be addresseddur-. port the matters' to the ird nieetings, state auditor its well as 49 . Cr Richard Mill-., )-equire CISAIc to rcim- icd to Blixt's com- burse the. district f6r any claiming. none: of expezi.10.5 incurred Illap- kics:11int could be propriatcly "regardless of with those ex -. oc.or any inves- ' :the bi.ftin iecurrent Board of jigation," ers. Casale responded to the .n't think weshould proposed resoluti on by. anyone to have saying lie is "disgusted" ins during the dis- that "this witch hunt" is ... I don't think we continuing. authorize nuclear. "This is really absurd, :)M 01' 11111pthil1g.of Casale said. ."For you t . o ,.ture," Miller said, cliarticteri76 this (as you is t are. reading stL& have) is iOncitll-;s i 'itcd . ..,A,c ne er: 6i�666- sit r-or you to sit there.itrid p t never lipppened,: Claim that yob 'would...be dnk it's for 1 1 .. . dohig-this, or any other th . 6 report cr :1 1 1 at' s reil s`o-P .,;hall your 6hin- aitty6u re ri�a8illj ii about Eric,.tt is so, 1"... fr out h4 it's a real isilijpointing When. i. it isp't,'It are you to stop?" 11." Board Pi'csident Sherry • nianagers. under- White said she doesn't ob- Ilixt's concern and jec( to the use of District .ons, and ulthmatc- funds to respond to issues :oard eave District. surrounding the Board, unsel ire 6- . te a co, e .6f; d t U, - Cre. used .1 0. respolid.to:- brIng'b . a . ck"to the': _those. such, issues : and not A Casplo's letter. numerous allcgations:.un. "'File permission to... founded. and reported.: as the cons hants lit use t u We though they're facts. For through the odministra instance, I did not swear tor," Whiter said. "(The. at anyone at a Oublic meet- disetissi6its) were not... trig... or not allow them to about t Jeffs apology, A . he), speak ... I value truth." were about the other 'Ili. Casalc said lie.s ves these form ationt necessary be-. allegi, itiong `as a *'ridicu- cause the district's rejyutii- , lous.. vendetta" to make tion was being ,issaulted. hififlook bad. . : I ... His apolog. ...was started .. Slickleton. suggested before the CAC even met., the :mail . ag . ers who. are it Was not all apology be- concerned about Cusitles cause the CAC requested allegod misuse of public it.,,. funds simply report- then! Manager Briari( 8liek- toAlle appropriate authors leton said the Bbard:hii- itibs. A inotion to that end nority, which atitborcd , passed 7-0. the coliunin,, should ., It , give - chosen to.report. . its .'s . The Citizeits; Advisory cions to thc:statc auditor Committee . . 4 g "I.!.: instead:. of subiviittin it It 0 Chizen% A&isory column f4 print. Committee exists. by state "The base of this:. is.. statute aud, serves to. 00� . thilt-A-cbiistilt,..i,tt,6ve:hjted, vise the Board of Manag- and. another one,, worked ers, with: a manager: to' draft 'Since July .much of th6 a letter," Slicklet6h said, Cortim ittee's meetings "When you ni.ake it public have been consumed by statement like '. people are convorsa t.ion . su.rroipld- breakip& the law on our ing the governance of:.thq .board,', by making that Board and problems that public statement you are exist:tvithin the Board, in- ael(nowledging, you know stead.or, thewater quality of tile . law being broken :.issues tlic.Coininittdeu.qLtr- and tile statute, is.clvtr you allytalks about. have to.: report; that While. thee _e6hitnittee .instead you went to tile: is by:. nature intended to. newspaper, Hadyou run. be advisory to, the: Board" that pilvase past your war -. President White offered a tershed; attorney, he may surprising. possible solu= have. said "try a different ;ion to the :Coiii.niittee's phrase" ... that is what I stronghold on the gov- assume Iff did.". ernatice practices or. the Casale responded to the Board: "We: could . sits - packet , pr6eitied by - 01- pond CAC meetings. until son.containing 6 inalils.and furtUr. notice. Staff .is re.7. otlicrAocLinients regprd-n ally, really, itally in tough ffig his alleged.misuse Of A'ape'-fro'n CAC meetings.. Pub lie 46 s 6y . c enying ;J t4 s the Nvorsvveitik of anytli.ing lie: did, was as inap-, the month," progdate; including: the;, . and Sh.eklefon incident ncideii.t between.hinaselt even went as,-far is to sAy. and Monson earlier this they felt unsafe. Icaving. year. . "This packet's been handed out, f have no con- fideftce th at its going to be reported outside,this rooill, Correctly, its., yg�' t,seen . - 1 '1 io1611- r 4 ect y u 81 Casale said:.;' Committee meetings . : gs: III the 111si couple IIIQPt1ls.. "I walked' out of the back of tile building, and I was.)6fraid."-1A1'hitc walked. to niy.car because Rivas afraid.'.' Shekleton added to Aq)iie.'s concern, saying he has also 'found himself un- comfortable at Committee meetings. ."The level of discourse that f had with .Mike Os- terholin aild it couple other at the CAC bordered oil abusive,'' Shekleton said. '411 Was sad." White brought up the notion or possibly exam- ining .the Citizens Advi- sory Cornin.ittee and more closely l regulating.how the cdmrnitteejs formed and how it functions in the ftiw tune. Ili response to White's. comment about potoitialw ly. suspending 6himittee meetings, Bhxt said she would hop ' e any conver- sation about t1litt would be 1 tidticedi giving both the public and Commit - tee members a chame to speak up. .. At,flie end of the day MCWD: Interini , Dis- trict , Administrator Jeff S.partz offie.Od his. opinion to the ::Boitrd;.; snylng he hopes itanagers call :resolve their .issues sooner rpth6r . than later for;the: sake.of tile watershed dis- trict staty. `'Jr for no other reason, board mernben, that you need to lean! . to 4ork to- gether agaiii i-s-Alial all of this..dissonatim": is stall Alig �to wear oft. you r -staff ,.*.' Sjittt tz -said: "It this scenic, is .:being played ,,:. out ,.six. months or liffie moriths .to:. lose . your -key :stall` I t . nc.11bcrs and you don't want to do thift,". . The next • N.1innelialio Creek Watershed District Board or managers meet�. ing , is Thursday; Nov, 13. i tile. piirkitig; lot before hiccon.i Heather Branigin From: Burhans, Joshua < Joshua .Burhans @edinaschools.org> Sent: Wednesday, November 05, 2014 8:28 AM To: Edina Mail; Scott H. Neal Subject: Thank You Hello, I would like to thank both of you for allowing the EHS wrestling team to have a few minutes on Monday night. The boys enjoyed the process and were excited when we left! Thank you again and we appreciate the supportl Josh Burhans PE /Health Teacher Edina Public Schools Head Wrestling Coach 91h Grade Football Joshua .Burhans @edinaschools.otg 952 - 848 -3520 1 Wow. I also find the article to be incredibly inaccurate and actually offensive. This type of story does an incredible injustice not only to the CAC but to the MCWD in general. I look forward to discussing further at our next meeting. Mike, thank you for the response and distributing the article. Richard Richard Manser (415) 519 -0195 On Nov 5,, 2014, at 6:45 AM, Mike Osterholm <mto a umn.edu> wrote: Dear CAC Members, I'm simply in shock. I just read the story on the ongoing dysfunction of the MCWD Board of Managers in the November 6 issue of the Sun (attached.) While this entire situation seems to devolve more each week, it hit an all -time low with the comments from Board of Managers this article. I find it highly ironic and simply unprofessional that Brian felt his conversations with me and others of you bordered on abusive yet Jeff Casale claims that he didn't swear or yell at Monson — which is simply not true. I have never had a private conversation with Brian in the time since being on the CAC. Every one of my exchanges with him occurred in front of you at our CAC meetings. As you know, I.have never been Heather Branigin From: Richard Manser <richardmanser @icloud.com> Sent: Wednesday, November 05, 2014 9:50 AM To: Mike Osterholm Cc: jell Spartz, m @landschute.com; tfurlong @ci.chanhassen.mn.us; Pau ISkrede @mchsi.com; Edina Mail; mgaylord @ci.excelsior.mn:us; sharris @goldenvalleymn.gov; dkind100 @gmail.com; emax33721@aol.com; marvdjohnson @gmail.com; thultmann @longlakemn.gov; jeff.pederson @ci.medina.mn.us; betsy.hodges @minneapolis.gov; tschneider@eminnetonka.com, ahunt@ ci.minnetrista.mn.us,,Imcmillan @ci.orono.mn.us; kslavik @plymouthmn.gov; dgoettel @cityofrichfield:org; Scott Zerby; srei nh ardt@ ci.spri ng- park. m n. us; jjacobs1956 @yahoo.com; AnneMavitySLP @comcast.net; gerryd @terradek.com; toconnor @ci.victoria.mn.us, cjohnson @ci.watertown.mn.us; kenwillcox @wayzata.org; jdoak-woodland @hotmail.com; Sherry White; Brian Shekleton; Richard Miller; Jeff Casale; James Calkins; Pamela Blixt; Bill Olson; Bill Bushnell;. Peter Rechelbacher; Gerald Ciardelli; Lee Keeley; Tom Baltutis; prisbue6 @gmail.com, Sylvia Carlson; Tom Casey, kingslynn25 @yahoo.com; Chris Dovolis; kgothberg@msn.com; Nina Holiday- Lynch; h20 ,Johnson @hotmail.com; mkjol@kjolhaugenv.com; jlofgren @cahillswift.com; Steve Mohn; dmoltmans @comcast.net; Marc Rosenberg; Neil - Weber, mike.opat @ hen nepin.us; linda.higgins @hennepin.us; marion.greene @hennepin:us;. commissioner .mclaughlin @ hen nepin.us; randyjohnson @hennepin.us, jan.callison @hennepin.us; jeff.rjohnson @hennepin.us; citizeninfo @hennepin.us; sheriff @co.hennepin.mn.us Subject: Re: 11 -06 -14 Sun Sailor Article Wow. I also find the article to be incredibly inaccurate and actually offensive. This type of story does an incredible injustice not only to the CAC but to the MCWD in general. I look forward to discussing further at our next meeting. Mike, thank you for the response and distributing the article. Richard Richard Manser (415) 519 -0195 On Nov 5,, 2014, at 6:45 AM, Mike Osterholm <mto a umn.edu> wrote: Dear CAC Members, I'm simply in shock. I just read the story on the ongoing dysfunction of the MCWD Board of Managers in the November 6 issue of the Sun (attached.) While this entire situation seems to devolve more each week, it hit an all -time low with the comments from Board of Managers this article. I find it highly ironic and simply unprofessional that Brian felt his conversations with me and others of you bordered on abusive yet Jeff Casale claims that he didn't swear or yell at Monson — which is simply not true. I have never had a private conversation with Brian in the time since being on the CAC. Every one of my exchanges with him occurred in front of you at our CAC meetings. As you know, I.have never been abusive to Brian, that includes never raising my voice, swearing or accusing him of illegal or_improper behavior. I have challenged him on statements that were not factually.correct (a number of these) and asked him for clarifications of statements that seemed to make no sense. The fact that the only fall back position for some of the Board of Manager members to explain their behavior is to now accuse CAC members of being abusive is something we should never accept and.Is simply a highly unethical diversion to avoid dealing with their own significant dysfunction . While we as CAC members may not agree with each other on every issue before us, I have been incredibly impressed with the overall thoughtful and respectful way In which you have communicated with the Board and CAC,members th roughoui this process. I'm now more convinced than ever that the current.Board of Managers are incapable of providing the critical leadership the MCWD needs to move us forward. It's all about good governance; it is simply not a personal vendetta as our efforts are being portrayed by some of the Board of Managers! We simply can't continue to allow the District's leadership to dig the dysfunction hole any deeper. Despite my travel schedule right,now related'fo the Ebola epidemic I am going to make,every effort to be In town `for the next CAC meeting. I hope-all CAC members can come too. Our efforts to date have been Inadequate_to. address this situation. Even though some Board of Managers have suggested the CAC needs to be reformed (what I believe is code for how to silence us), we can'tlet these statements deter us from doing what is right. We need to find a more effective and consequential way forward for all residents of the District! Thanks, Mike <Sun 11- 06- 14.pdf5 Heather Branigin From: VEAP <tarab @veap.org> Sent: Wednesday, November 05, 2014 10:22 AM To: Edina Mail Subject: @VEAP Link - November 2014 Having trouble viewing this email? Click here NfNAHGIAI' y�Yi)�a 4 iA 0 ,war.. "The food shelf was,wonderfull We are just starting to make smoothies and there were tons of strawberries and frozen aberries! VEAP is amzi ng!" Join us on Friday, Novem. we celebrate the many ways'VEAP helps area residents stay secure and stable in their homes. Don't miss out on the fun, excitement and entertainment. Highlights of the evening " I was calling to thank you for Include; ; helping me get the rent paid . 1 because I do have my'Sectlon Silent auction, includ . . Ing tickets to sporting events, destination 8 voucher now, and ' ..vacations, % beautiful gift ip.askets; time shards, food and wineitems couldn'f have gotten this ` and more Music prpVId6d,,by:CI6cks and Clouds • Enjoy a delicious heartland inspired dinner. T k-4 Emcee Megan Newquist, KS T -T V News Anchor. High-spirited live auction with: local auctioneer, Glen Fladeboe. incredible pl�,i::; .61JUsh wanted �f 0 New this year is an after party with local comedian and West express my hanks ": = Bloomingto rchers. .0 n native Pete B REGISTER FOR THE GALA a Test Your Food Shelf price $150 ($1105 is tax deductible) Knowledge .Ticket For preferred seating. lick here. Q What food shelf'products REGISTRATION CLOSES Off November 7 are most needed year rountl? SPONSORSHIPS range from $1,750 to $20,000. b) basic staples sugar, flour; REGISTER FOR THE ONLINE AUCTION ONLY cooking I Show your support of VEAP with a donation to. the Silent or live auction. This is a perfect opportunity to get your product or service in front of 600+ odRp.hyph VV s , d community minded Individuals. Favorite Items Include sporting, theatre op ions. and restaurant certificates, wine, and home services. Our highly, talented Auction Team puts together a variety of beautiful -theme baskets and is d) multicultural options rice, _ : always in need of unique baskets, beautiful ribbon and NEW accessories like candies, napkins, books,.Iinens, holiday,ornaments etc. For=re -Information,pall Pamela at,R52,955,8322.or click here for the donation. e) persona care items laundry soap, toilef a et tooth rife form.-: 2f) baby carea tems diapers, -_Return to Top ormy 9 ;:? -1; Give • the Maxt ]noudl .0 20 :4, 40 1 '4? November 13 is Minnesota's. sixth annual day of giving. VEAP's goal Is to raise $20,000 this year and you can help us get there. Visit VEAP's page at GiveMN.o[g anytime between .12:01 a.m. to 12:59. p.m. on the 13th to :make your donation, . Busy that day.? You can pre-schedule your donation. Donations to VEAP help individuals and families in: our community stay in their housing and put food on the.table. A. gift of $50 Makes it possible. for. VEAP to purchase $350 worth of food for the food pantry or. provide gas or bus cards to help an 'adult get to their job in times of financial crisis. Please, help make a difference.in the life of a family and contribute to VEAP, M 3 e' 3i ate^ -u5' Sra '4,:�y,� .r 4 ats� r .'7,`�,�p ,$3 :•`. f'ts'�,,a €:.^*" y`e �s. on z a�� P MA1 1 -- nC- AM =01Y- ... Thank you to Cynthia Bemis Abrams who celebrated a milestone birthday by asking her guests to make a donation to VEAP: Nearly $2,400 was raised from.:46 generoue individuals. This donation. will go a long way to purchase products for VEAP's food program. Thank you Cynthia) Donations to VF-AP In . honor of a special birthday, anniversary, or other occasion is a wonderful way to recognize the event and support your neighbors in need. Looking for a gift for that hard to buy for person`on your Christmas list? Considermaking a gift to VEAP in.their honor and we;will send them. a note Informing them of your thoughtful gift. Questions? Contact Jim at limc(M- yeap.org 4 Return to Top US -169 CRRIDOR COALIT O November 5, 2014 Dear Debra, Members On behalf of the U.S. Highway 169 Corridor Coalition — a nonpartisan, public /private joint powers -) Counties organization made up of county, city, township, non - profit, and business leaders in the area -- please Blue Earth allow me to invite you to our Fifth Anniversary Event and Transportation Outlook Panel on Hennepin LeSueur Thursday, November 20, 2014, from 6:30 to 9:00 p.m. at Canterbury Park (1100 Canterbury Rd, Scott Shakopee, MN). We've designed the reception to be an enjoyable, relaxing event in which our members can interact with you about the significance of the U.S. Highway 169 inter - regional Corridor. In addition, B Cities there will be a transportation outlook panel starting at 7:00 m. featuring experts that will give their Belle Plains p p p• g p Bloomington perspective on and answer attendee questions about the post - election legislative landscape for Edina P Jordan transportation in Minnesota and the corridor after the election. Le Sueur Mankato North Mankato As you may be aware, the 169 Corridor has long been regarded as the state's "Gateway to the Prior Lake Southwest" and a vital link between southern and western Minnesota and the Twin Cities region. Savage Shakopee Throughout the years, communities along and served by the U.S. Highway 169 Corridor have grown in St. Peter regional and state importance. As you represent one of the many communities directly along this -) Townships important inter - regional Corridor, we would certainly appreciate the opportunity to share our mission, Louisville goals, and vision for the health and vitality of this critical state asset. We hope that you will join us to tell Spring Lake Sand Creek us your thoughts on the upcoming legislative session, ask questions, and help us celebrate this 4 Other Agencies momentous milestone! Region 9 Development Commission Thursday, November 20, 2014 Affiliate Members Cocktails & Networking at 6:30pm 4 Gold Presentation at 7 :00pm Bolton 8 Menk, Inc. WSB&Assodates,Inc. Transportation Outlook Panel Q &A from 7:30pm- - 8:30pm ShakopeeMdewakanton Refreshments & cash bar will be available Sioux Community � Silver Canterbury Park For more Information about the U.S. Highway 169 Corridor Coalition, you can visit our website at HDR Engineering, Inc. Greater Mankato Growth, Inc. www.us169corridorcoalition.com. To RSVP for or sponsor the event, please contact us at 763 - 591 -5446 Land to Air Express or email info @us169corrldorcoalition.com. -) Bronze McDonald's (Jordan, MN) Happy Chef Systems, Inc. We look forward to seeing you there, ") L-r�, uIf-I'C Jon Ulrich U.S. Highway 169 Corridor Coalition Chair Scott County Commissioner (952) 447 -6278 3705 West 61" Street Edina, MN 55410 11/3/14 Edina. Fire Dept. Att: Manager of ambulance/EMT Service Edina, MN To whom it may concern; On Sunday 10/19/14 at about 2:30 pm I had to call 911 for an Edina. Fire Dept. Ambulance. I want to thank the men that were on that call for their compassion and professionalism. I had dislocated my artificial hip and was in severe pain. These people knew exactly what to do to lessen the pain and get me ready for transport to Fairview Southdale Hospital. When. my wife called 911 we specifically asked that an Edina Ambulance be sent. We have had to call for an ambulance in the past and your people are always the best. Thank you again. SincereI . 'chard R. Cook a ► s ® �� MJ Lamon From: Hamline School of Business <hsb @hamline.edu> ;_Sent: Tuesday, October 28, 2014-1:29 PM ;;;To• MJ Lamon ;,Subject: Registration Confirmation - 2014 Women in Public Service Conference Name : Women in Public Service Conference Date : Friday, November 14; 2014, 8:00am - 4:00pm Description : Living Your Inspiration: Setting Your Compass to Meaningful Work Payment Options: $80 General Registration via credit card $30 Student Registration via credit card $30 Luncheon Guest Registration via credit card MAPE Scholarship Recipient (no charge to first 60 MAPE members who register) Facllitated`Networking Salon Please Indicate your preferred facilitated networking salon; you are not bound by this preference, but it will help us gauge Interest and have enough facilitators for each topic. Salon 1 - Transitioning In and Up Salon 2 - Running for Public Office Salon 3 - Transitioning Out and Somewhere New You have been registered for the Women In Public Service Conference on November 14, 2014. Please print or save this email for your records; this confirmation serves as your receipt of payment. The information below can be used to track your submission should you have any questions. Please visit the Women In Public Service website for a map of campus and Information about parking. Campus Map and Parking Information • Name: MJ Lamon • Total: $ 80.00 • Transaction ID: 25LO28RG- 25SYNB Networking Salons: Please select only your first choi ce. Salon 1 - Transitioning In and Up Conference Reservation: Please select one option, then choose Networking Salon below. General Registration quantity 1 @ $0.00 quantity 1 @ $80.00 Heather Branigin From: Maureen Fitzgerald <fitzchowan @hotmail.com> Sent: Thursday, November 06, 2014 7:26 PM To: Edina Mail; jan.callison @hennepin.us Cc: cbremer101 @gmail.com Subject: Xerxes Avenue bumpouts Dear Mayor Hovland and Commissioner Callison: am the property owner and resident of 5800 Xerxes Avenue South in Edina. am writing to express my concerns about the functionality and appearance of the bump outs recently installed on the street. I attended the information session last spring and communicated with the engineer about these changes to the street over the summer. I was in favor of them. After they were installed, I was surprised at how small they appear to me as a driver. I recall that one goal was to slow traffic flow, yet the only time this seems to happen, based on my daily experience driving on the street and crossing it as pedestrian, is during the busiest times, when traffic backs up from 60th Street in both directions. Today I couldn't even exit the crosstown ramp (westbound, turning north onto Xerxes) because traffic was completely backed from the stop sign at 60th to Highway 62. Southbound traffic was backed up on Xerxes north of 60th for about a block and a half. I am concerned about how drivers respond when they do get to move north on 60th. I've observed that they tend to gun it out of frustration because they've been sitting for so long to get to that intersection. In addition, I've had a number of visitors to my home ask me 1) What are those things? and 2) Why are they there? I think there needs to be some kind of education for these drivers or the form of the bumpouts needs to be so clear that their function follows it by default. Aesthetics concern me less than functionality although I have heard grumblings about how this as well. Please keep me in the loop about the results of the Nov. 10 meeting. Thank you. Maureen Fitzgerald 5800 Xerxes Avenue South 952 - 285 -7103 Heather Branigin From: Suzanne Kerwin <skerwin @comcast.net> Sent: Friday, November 07, 2014 9:25 AM To: Edina Mail; Scott H. Neal; David Nelson; bob.stewart@theplatinumgrp.com Cc: Jeff Brown; David Boosalis; Brian Hubbard Subject: L\/VV Edina Study: Youth Use of Alcohol, Tobacco and Other Drugs Attachments: Final20l4_LWVE_Upoate- Youth_Use _ of Alcohol _Tobacco_and_other_Drugs.pOf League of Women Voters Edina's latest study, Youth Use of Alcohol. Tobacco and Other Drugs, is available on LWVE's website; Iwvedina.ora, and is"attached to this email. We would like to especially thank Alison Pence and Jeff Brown, Community Health Commission, Tom Draper and Brian Hubbard, City of Edina Police Department, for assisting us with the study. League of Women Voters Edina (LWVE) is a nonpartisan organization. Our mission includes encouraging informed and active participation by citizens in their government. While League. of Women Voters never endorses'a candidate or political party it does study issues and takes positions'on issues if member consensus is reached. LWVE members will be discussing the study at November meetings: LWVE first studied and,formed a position on alcohol and tobacco use in the community in 1997. In 2013 LWVE members saw a;need,to.expand the position beyond alcohol and tobacco and addressAhe increased use by youth of substances such as marijuana, heroin and prescription pain killers. A study, committee reviewed the literature, current news stories and interviewed local law enforcement, county attorney's representative, school administrators, teachers, chemical health professionals, community groups, parents and students about youth and substance use. We hope you will read the study and share your comments with us. LWVE Study Committee: Colleen Feige Kathy Iverson Suzanne Kerwin Lonni Skrentner LVVVE Position Update: Youth Use of Alcohol, Tobacco and Other Drugs October 2014 League.of Women Voters Edina 1 Table of Contents I. Introduction II. Youth Use of Substances Alcohol Tobacco and E- cigarettes Marijuana Prescription Drugs /Heroin Designer'Drugs /Syntheti,c Drugs III. Prevention of Substance Use by Youth Policies, Enforcement: City of Edina E- cigarette Ordinance City of Edina Social Hosting Ordinance Compliance Checks Of'Businesses Selling Alcohol and Tobacco City of Edina Park and Recreation Policy Edina Public Schools Chemical Health Policy Minnesota State High School League Chemical Health Policy Youth Cou_rf' Education: Edina Public Schools Curriculum Edina High School Chemical /Mental Health Coordinator Edina Public Schools Resource Officer/ Police Liaison Edina High School Parent Teacher Organization Edina High School Dances Edina Parent Communication Network (PCN) Edina Family Center Sober Squad Edina Committed City of Edina Chemical Health Coordinator City of Edina Community Health Commission Edina Chemical Health Partners IV. Summary Study Committee: Colleen:Feige, Kathy Iverson, Suzanne Kerwin and Lonni Skrentner Readers: Paulette Hastings, Debby McNeil, Matt Nilsen and Janet Schank Thank you to the following people who assisted with this study: Pam Berling, Principals Administrative Assistant, Edina High School Jeff Brown, City of Edina Community. Health Commission Dustin Chapman, Fairview Health System Tom Draper, City of Edina Police Department Chelsea Duke - Miller, Activities Department Assistant, Edina High School Edina High School Sober Squad Cathy Groat, 2014 PTO President, Edina High School Paulette Hastings, LWVE Brian Hubbard, City of Edina Police Department Kathy Iverson, City of Edina Chemical Health Coordinator Julie James, EHS Parent Roxanne Lehman, Adolescent specialist Dr. Bruce Locklear, Principal, Edina High School Kris Marshall, Connecting With Kids Debby McNeil, LWVE Matt Nilsen, Physical Ed /Health Teacher, Edina High School Alison Pence, City of Edina Community Health Commission Michael Pretasky, Dean of Students, Edina High School Mellanie Pusateri, Student Council Advisor, Edina High School Janet Schank, Former Edina High School Chemical /Mental Health Coordinator Troy Stein, Assistant Principal /Activities Director, Edina High School Emily Wagner, Edina High School PCN Representative IA I. Introduction In 1997 League of Women Voters Edina (LWVE) studied alcohol and tobacco use in the community. The original study examined use of alcohol and tobacco by youth, adults and senior citizens. It looked at school,and community education regarding chemical health, school policies and local and state laws. The resulting position that came out of member'dlscussion and consensus about the 1997 report is as follows: Alcohol and Tobacco Use (1997) LWVE supports the following as it relates to alcohol andtobacco use: 1. Educational programs that support improved chemical health, including: • Ongoing programs, especially in the middle and high school years. • Regular continuing education for adult educators, coaches and school administrators • Alternatives to suspension for alcohol and tobacco violations In the schools 2. Allocation of public funds for a community Initiative to prevent illegal alcohol and tobacco use. 3. Consistent city and school guidelines for adults who chaperone youth activities. 4. City ordinances and law enforcement efforts designed to reduce underage alcohol and tobacco use. 5. The establishment of a suburban Youth Court to address alcohol and tobacco violations. An update of the 1997 LWVE Alcohol and Tobacco position was first proposed at the Lively Issues meetings in January 2013. Some members saw a need to expand the position beyond alcohol and tobacco and address the increased use of substances such as marijuana, heroin and prescription pain killers. The LWVE Board reviewed all the proposals from Lively Issues. The Board recommended an update of the Alcohol and Tobacco position as part of the LWVE 2013 -14 program. At the May 9, 2013 Annual Meeting, LWVE members did vote to approve an update of the Alcohol and Tobacco position. The scope of the update suggested at the,2013 Annual meeting included expanding the position to include prescription drugs, synthetic drugs and marijuana. The focus was on youth although chemical health is not just a youth issue. A committee comprised of Colleen Feige, Kathy Iverson, Suzanne Kerwin and Lonni Skrentner was appointed to proceed with the update. The study committee reviewed the literature and current news stories about youth and substance use. The Minnesota Student Survey, taken by students in Minnesota public schools, and Monitoring the Future Survey, a national study conducted by University of Michigan, were used to gauge youth use. Interviews about youth substance use and related laws and policies were conducted with local law enforcement, county attorney's office, school administrators, teachers, chemical health professionals, community groups, parents and students. Research and interviews tended to take us beyond the scope of the assignment. We were not instructed to deal with the possible legalization of marijuana, and so we have not dealt with °what is a very current topic. 5 II. Youth Use of Substances Alcohol According to local police, school staff and counselors, alcohol is the substance most often used by youth in Edina. The 2013 Minnesota Student Survey data shows that • 20% of 11th graders self- report drinking alcohol in previous 30 days, 12% of 11th grade boys report binge drinking (i.e. 5 or more drinks during one sitting) in previous 30 days, 6 -7% of 11th grade boys self - report binge drinking multiple times per month. The most common age of "first use" of alcohol (and marijuana) is 15 and 16 years old.' Youth perceptions of their peers level of use varies widely from self - reporting. When asked, "in your opinion, how often do you think MOST STUDENTS in your school use alcohol ?" 40% of 11th graders think that classmates drink at least weekly while self - reporting of weekly /daily alcohol use was 4 -5 %.11 Effects :on - Teenage Brain The earlier a person start's to drink the higher probability that he or she will have alcohol problems as an adult. This correlation may occur because drinking while the brain is developing encourages the brain to decide that it needs alcohol. Adults would have to drink more heavily to be as likely as teens to wire a tendency for alcohol use into theirmature brains. "' Adolescents are oversensitive to damage from alcohol ingestion and undersensitive to the warning signs that they have drunk too 11 much alcohol. For reasons not yet understood, sedation effects of alcohol are not as pronounced in adolescents and the impairment of motor coordination is delayed. In the absence of these signs adolescent drinkers tend to drink more and do more damage to themselves than adults.', Heavy alcohol ruse interferes with the encoding of new memories, at any age. Adolescents who are heavy drinkers have a smaller hippocampus, the brain,structure that is key to the process of recording new memories, than nondrinkers. Alcohol interferes with a neurotransmitter, glutamate, which aids neurons in storing new memories and in learning. Alcohol's effect. on glutamate is. most pronounced in the teenage brain and persists into the early twenties. Adolescents who drink a lot of alcohol end up'having more memory and learning impairment than adults who drink the same amount because adolescent brains are more susceptible to damage.° Current Laws and Ordinances It is unlawful in Minnesota fora person under 21 to,consume, purchase, or possess alcohol. Unlawful consumption can result in fines, mandatory health education or community service. When a student has contact with police due to an alcohol offense, police must notify the student's school. Minors may consume alcoholic beverage in the household of their parent or guardian and with the consent of the parent or guardian. State law also protects minors from prosecution for illegal alcohol consumption if they call 911 to help someone with an emergency. In such a case, they must stay on the scene until emergency help arrives and cooperate with authorities., Edina,city code prohibits "House Parties" if apyalcoholic beverage or controlled substance is possessed or consumed at the open house party. by any minor.v° Twice a year.Edina.police conduct compliance checks with" ali•establishments selling liquor in the city,: including stores and restaurants. Tobacco,and E- Cigarettes Tobacco use by youth is trending downward with only 1 -2% of high school Juniors reporting daily or weekly use of cigarettes or chewing tobacco in the 2013 Minnesota Student Survey. In 2013, 16.3 percent of 12th -grade students surveyed by Monitoring the Future (MTF) were current (past- month) cigarette smokers, the lowest teen smoking has been in the history of the survey.""' By comparison, 22.7 percent were current marijuana smokers. Small cigars and hookah water pipes have raised public health concerns and have recently been added to the MTF survey. In 2013 „21.4 percent of 12th graders had smoked a hookah at some point in the past year; an increase from 18.3 percent in 2012, and 20.4 percent had smoked a small cigar. No data from Minnesota Student Survey on Hookah or small cigars. Electronic cigarettes are a relatively new item that's use is increasing among youth. E- cigarettes are battery powered devices that come in a variety of shapes and models. They deliver an aerosol mist of vaporized nicotine that users inhale. "Vaping” gives users a hit of nicotine without exposing them or those around them to tobacco smoke. VA Health Effects According to the Centers for Disease Control and Prevention (CDC), cigarette smoking results in more than 443,000 premature deaths in the United States each year, about 1 in every 5 U.S. deaths, and an additional 8.6 million people suffer with a serious illness caused by smoking.` E- cigarettes have not been fully studied, so consumers currently don't know the potent'ial-risks of e= cigarettes when used as intended, how much nicotine. or other potentially harmful chemicals are being inhaled during use, or whether there are any benefits associated with using these products.x More than a quarter of a million youth who had never smoked a cigarette used electronic cigarettes in 2013, according to a CDC study published in the journal Nicotine and Tobacco Research. This number reflects a three -fold increase, from about 79,000 in 2011, to more than 263,0001n 2013. The data, which comes from the 2011, 2012, and 2013 National Youth Tobacco surveys of middle and high school students, show that youth who had never smoked conventional cigarettes but who used e- cigarettes were almost twice as likely to intend to smoke conventional cigarettes as those who had never used e- cigarettes. Among non - smoking youth who had ever used e- cigarettes, 43.9 percent said they intended to smoke conventional cigarettes within the next year, compared with 21.5 percent of those who had never used e- cigarettes. Current Laws and Ordinances The St. Paul City Council approved a new ordinance on August 27, 2014 dealing with the sale of single -serve cigars. Now, stores within the city limits will be required to charge at least $2.10 for each cigar, or sell them in packs of five. The ordinance, which passed 6 -0, was sponsored by council member Dal Thao, who has expressed concern about convenience stores and gas stations targeting youths with the cheap cigarillos, which come in a variety of flavors. In a statement, Dal Thao said tobacco companies are targeting young people with low -cost tobacco products "to create a new generation of tobacco addicts who will end up with cancers (and) respiratory and cardiac diseases. "" Only e- cigarettes that are marketed for therapeutic purposes are currently regulated by the Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER). Currently, the FDA Center for Tobacco Products (CTP) regulates cigarettes, cigarette tobacco, roll - your -own tobacco, and smokeless tobacco. FDA has issued a proposed rule that would extend the agency's tobacco authority to cover additional products that meet the legal definition of a tobacco product, such as e- cigarettes! "' E- cigarettes are largely unregulated. E- cigarettes can be advertised on TV and are not taxed like regular cigarettes. Because the devices don't contain tobacco they are not included in Minnesota's Clean Indoor Air Act. This leaves bars, restaurants and retailers to set their own rules pertaining to people using e- cigarettes. Minnesota has passed a law to ban the sale of e- cigarettes to minors, and the use of e- cigarettes in daycares, health care facilities and state colleges and universities. x1° The ban on use excludes restaurants and bars, giving businesses permission to adopt their own electronic cigarette rules. 8 Local communities are passing ordinances to deal with use and the sale of e- cigarettes. Hopkins approved a tobacco license for one e- cigarette retailer on Main Street in fall 2013 and then passed a yearlong moratorium banning any more until the city can further study the issue." Some cities, like Duluth, have passed a ban on using e- cigarettes anywhere smoking is prohibited by the Minnesota Clean Indoor Air Act. '"l On August 4, 2014, the Edina City Council approved an ordinance to include electronic nicotine delivery devices (e- cigarettes) under the same regulation that cigarettes are subject to under the Freedom to Breathe Act. Marijuana Marijuana contains around 80 cannabinoids, Tetra hydrocan na bi no] (THC) is the major psychoactive cannabinoid, largely responsible for the high. The chemical composition of two genetically identical plants can vary based on growing conditions, soil content, parasites and many other factors. Marijuana has been used as medicine since 2800 BC in China. It has been used as an analgesic, an anti - spasmodic and anti - emetic. Until 1942, marijuana was listed in the U.S. Pharmacopeia, giving it legitimacy as a therapeutic drug. Research published in 1964 found the principal psychoactive ingredient in cannabis is THC. It was then synthesized. In 1970, Congress made marijuana a Schedule I drug, a class reserved for street drugs with abuse potential and "no currently accepted medical use ". But from 1978 until 1991 the federal government sponsored a "Compassionate Use Program ", which supplied free marijuana to seriously ill patients who might benefit from its use. Along the way, there has been some research on synthetic THC, and one type has been approved by the FDA. The Compassionate Use Program was suspended because it undercut the senior Bush administration's policy against the use of illegal drugs. In 1999 Canada began funding research on medical uses for marijuana. In 2008 the American College of Physicians called for making marijuana a Schedule II drug, and supported use of non - smoked forms of medical marijuana.'"ll Statistics on Youth Use In the 2013 Minnesota High School Health Survey: • About 84% of 9'h graders and 65% of 11th graders self - reported that they had never tried marijuana or hashish. • 24% of 11th grade boys self - report smoking marijuana one or more times per month. • Average age of first use is 15 -16. • Nearly 50% of 11th graders think classmates smoke marijuana at least weekly while self - reporting of weekly /daily marijuana use is appro)amately 10 %.0111 Young people are showing less disapproval of marijuana use and decreased perception that marijuana is dangerous. The percentage of teens who felt occasional pot use was risky fell from 36% in 1993 to 20% in 2013 and the percentage of 12'h graders who had used pot increased from 26% to 36 %.xlx Fewer teens smoke cigarettes than smoke marijuana. Cigarette smoking by high school students peaked in 1996 -1997 and has declined continuously since then. In 2013, 16.3 percent of 12th -grade students 9 surveyed by'Monitoring the Future' were current (past- month) cigarette smokers —the lowest teen smoking has been in the history of the survey. By comparison, 22.7 percent were current marijuana smokers.' Effects on Teenage Brain Whole marijuana (versus specific cannabinoids) might increase risk for earlier and more intense psychoses, including schizophrenia. This was concluded by a meta - analysis of three dozen studies of young people in Sweden, New Zealand and the Netherlands where a strong link between marijuana use and later development of schizophrenia was found. Several studies connect marijuana use in adolescence with a long -term drop in overall intelligence, memory impairment and an increased rate of dropping out of school." The director of the National Institute on Drug Abuse wrote the following in March 2013: "Regular marijuana use in adolescence is part of a cluster of behaviors that can produce enduring detrimental effects and alter the trajectory of a young person's life— thwarting his or her potential. Beyond potentially lowering IQ, teen marijuana use is linked to school dropout, other drug use, mental health problems, etc. Given the current number of regular marijuana users and the possibility of this number increasing with marijuana legalization, we cannot afford to divert our focus from the central point: Regular marijuana use stands to jeopardize a young person's chances of success -in school and in life.""` " - Current Laws and Ordinances Marijuana possession in Minnesota has been "decriminalized ''since 1976.'This does not mean it is legal to possess marijuana, but that the infraction is a civil rather than criminal offense in possession cases under 42.5 grams /1,5 ounces. These are considered petty misdemeanors generally met with a citation akin to a traffic ticket. Legalization of medical marijuana passed the Minnesota House and Senate in 2009 but was vetoed by Governor, Tim Pawlenty:'°`'ii ' Because it is classified as a Schedule I drug on the national level means there are no federal funds,available for research to be done on marijuana: Schedule I drugs are defined as those drugs that have a high potential for abuse and have no currently accepted medical use. In 2014, twenty states plus the District of Columbia have legalized medical marijuana, even though it remains a Schedule I drug.'"v Minnesota's new medical marijuana law, passed in 2014, is among the most restrictive in the nation. It allows only pill, oil or vaporizing form and only for approved diseases, including cancer, Tourette's syndrome, Crohn's disease, ALS, and epilepsy. There will only be 2 in state manufacturers who will also function as cannabis dispensaries state wide in MN. 10 Each manufacturer will be allowed to operate 4 dispensaries. Licensed pharmacists must distribute to patients. The law, creates a task force to study the effects Of medical marijuana.?"' Prescription Drugs and Heroin Prescription drug and heroin abuse is on the rise across the country. Prescription drug abuse occurs when a patient becomes addicted to a drug or someone takes a drug that is not prescribed for them. Whether it is a painkiller to get high or Adderall to focus more, using someone else's prescription is dangerous. Prescription drugs that are most often abused:"" Painkillers: Vicodin, Tylenol with codeine, OxyContin, Percocet Depressants: Xanax, Valium, Nembutal Stimulants: Adderall, Ritalin, Concerta Opioids are medications that relieve pain. They reduce the intensity of pain signals reaching the brain and affect those brain areas controlling emotion, which diminishes the effects of a painful stimulus: Vicodin, Oxycontin and Percocet are all•opioids. Across.the country, prescribing opioids for pain is skyrocketing. In 2010 there were 4 times as many prescriptions written for opioid pain relie%ers than in 1999.O'v" Prescription drugs are often the gateway to heroin addiction because heroin can be cheaper and more easily available than prescription drugs. Minnesota has some of the purest and cheapest heroin inthe U.S. MinnPost, January 2014, reports in 2011 there were 3,493 emergency room visits for heroin overdose; the 2009 figure was half that and the 2005 number was around 1,000 visits. —,,, Statistics on Youth Use The Partnership for Drug Free America says 2,500 teens each day use prescription drugs to get high."`` There is a strong link between prescription drug and heroin abuse. past-yea . r Use ,of Varl+ous Drugs. tsy 12th Graders_(percent) Marijuana /Rashish :- Synthetic WhJuana : 17.9% Adderall 7.4% Vl�odlq 5.3% Cough Mcdlclna - 5.09'0 Tranquilizers =- 4.6% Hallucinogens 4.5% Sudadves': =? 4.8% Salvia 3.4% OxyConOn : - 3.6% - MDMA(Ecsusiy), 4.0% Inhalants 2.5% M*lllicltbrugs Coeatne (anytorm) -= 2.6% '- Rit511p _ 2.35'o SOUN4E Ugrven�typf MkhlyKUM Monllo_d.8 die ' F4RUreStudl;; While heroin use is significantly on the rise in the Twin Cities, the National Institute of Drug Abuse reports that heroin use by 12- 17 year olds is decreasing while use among 18 -25 year olds is increasing. There have been no reports of heroin use by Edina youth and it is not recognized as a problem by police or school administrators. Effects on the Teenage Brain Painkilling, opioid drugs can have an addictive effect on the teenage brain. Some drugs prescribed for younger people can 11 have the reverse effect on adults and vice versa. For example, Ritalin tends to calm young people but tends to escalate activity in adults. Heroin causes clouded mental functions and drowsiness. But more importantly it causes breathing and the heartbeatto slow down. That is why it is easy to overdose when using heroin. Current Laws and Ordinances The Minnesota Legislature recently passed a law allowing first responders, police officers and prevention program staffers to carry and administer naloxone (Narcan), a drug that counteracts the effects of a heroin overdose. The bill was referred to as Steve's Law, named after an Edina resident who became addicted to heroin following years of pain reliever use and ultimately pain reliever addiction. The law also provides immunity for those who call for emergency assistance in a heroin overdose situation .w Adults need to assure their prescriptions are kept in a safe, secure place and are. not easily accessed by family members or their friends. The Minnesota Board of Pharmacy is strengthening its Prescription Monitoring Program in hopes of curbing "doctor shopping" where one doctor refuses to prescribe the desired drug, so the patient goes to another doctor. 'I Hennepin County provides six drop box locations for residents to dispose of their medicines, including Hennepin County Library- Southdale. The green medicine drop boxes are located in the lobby at each location. After collecting the medicines, Sheriff s deputies transport the medicines to an incinerator, where they are destroyed."o°' Everyone in the community needs to be cognizant of the prescription drug abuse issue, safeguard the needed prescriptions and destroy them when they are no longer needed. Prescription drug abuse is not just a youth issue. Designer Drugs /Synthetic Drugs The term "designer drug" in the context of drug abuse refers to substances chemically similar to or that mimic the drug -like effects of controlled substances. The term is often used synonymously with "club drugs," "party drugs," and "synthetic drugs." Designer drugs affect the central nervous system and can display stimulant, depressant and /or hallucinogenic properties. A large number of new unregulated substances are being abused for their psychoactive properties and often result in violent and unpredictable behavior. This growing phenomenon is particularly challenging, first because of the speed with which rogue chemists can modify existing drugs and market them and, second because of the ease with which the Internet allows for the sharing of information about and purchase of products such as "Spice" and "bath salts." Synthetic cannabinoids ( "Spice") and synthetic cathinone ( "bath salts") are most widely known. "Spice" refers to a wide variety of herbal mixtures that produce experiences similar to marijuana (cannabis) and that are marketed as "safe," legal alternatives to that drug. According to the MN department of public safety, synthetic cannabinoids are up to 100 times more powerful than typical marijuana. Labels on Spice products often claim that 12 they contain "natural" psycho - active material taken from a variety of plants. Spice products do contain dried plant material, but chemical analyses show that their active ingredients are synthetic (or designer) cannabinold compounds. —"' The term "bath salts" refers to an emerging family of drugs containing one or more synthetic chemicals related to cathinone, an amphetamine -like stimulant found naturally in the Khat plant. Synthetic cathinone is designed to target the central nervous system with effects similar to those seen with cocaine, methamphetamines and LSD use. The synthetic cathinone products marketed as "bath salts" to evade deflection by authorities should not be confused with products such as. Epsom salts that are sold to Improve the experience of bathing. The latter have no psychoactive (drug -like) properties. Statistics on Youth Use Fewer than 1 % of students reported using synthetic drugs on the 2013 MN student survey. MTF added questions about use of synthetic drugs in 2011. Use of synthetic cannabis was down from 11.4% in 2011 to 7.9% in 2013 and use of "bath salts" was less than 1 % in 2013. Effects on the Teenage Brain "Spice" users report experiences similar to those produced by marijuana elevated mood, relaxation, and altered perception — and in some cases the effects are even stronger than those of marijuana. Some users report psychotic effects like extreme anxiety, paranoia, and hallucinations.mly The synthetic cathinones in "bath salts" can produce euphoria and increased sociability and sex drive, but some users experience paranoia, agitation, and hallucinatory delirium; some even display psychotic and Violent behavior, and deaths have been reported in several instances.'a" Current Laws and Ordinances In recent years, the Minnesota Legislature enacted laws to combat the sale and possession of synthetic drugs. In 2011, the Legislature added synthetic cannabinoids and synthetic cathinones ( "bath salts") to Schedule I of the controlled substance schedules. Schedule I drugs are defined as those drugs that have a high potential for abuse and have no currently accepted medical use. The MN Legislature also adopted an analog statute in 2011. Under the analog law, substances that are substantially similar to Schedule I and II drugs are treated as the equivalent for drug crimes. The analog law is based on federal law. In 2012, the MN Legislature passed additional legislation targeting synthetic drugs. The legislation increased the penalty for the sale of synthetic cannabinoids. The law also synced the controlled substance schedules maintained in statute with the controlled substance schedules maintained by the Board of Pharmacy. The Board's schedules had steadily expanded over the years without the Legislature keeping the statutory schedules up to date. Many of the substances on the Board's schedules that were missing from the statutory schedules were synthetic drugs. Discrepancies between the two sets of schedules led to confusion among law enforcement and other criminal justice practitioners. Finally, the MN Legislature granted the Board of Pharmacy emergency rule- making authority 13 to schedule newly discovered street drugs expeditiously. "I III. Prevention of Substance Use by Youth Policies, Enforcement: City of Edina E- cigarette Ordinance On August 4, 2014, the Edina City Council approved an ordinance to include electronic nicotine delivery devices (e- cigarettes) under the same regulation that cigarettes are subject to under Minnesota's Freedom to Breathe Act. The ordinance also includes electronic delivery devices in the definition of tobacco- related devices, requiring any business selling these items to hold a City tobacco license. The ordinance passed on the first reading during the consent agenda and there was no public hearing. Under the new ordinance, e- cigarettes cannot be used in: bars and restaurants; offices or workplaces; retail stores; common areas of rental apartments, buildings, hotels and motels; public transportation; work vehicles, if more than one person is present; home offices with one or more employees onsite; educational facilities; auditoriums, arenas and meeting rooms; daycares or healthcare facilities. The ordinance does not prohibit smoking outdoors, except in City parks, regardless of distance from a building. Although the Freedom to Breathe Act is a state -wide act, this ordinance only applies to Edina. Any enforcement of this ordinance is done on a complaint basis. State law prohibits sales of e- cigarettes to minors and sales of e- cigarettes from kiosks. They must be kept behind the counter. Cltv of Edina Social Hostinq Ordinance Edina's Open House Parties ordinance states: "No person having control of any residence or premises shall allow,an open house party to take place.at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the open house party by any minor." Edina City Code Section 905.02. Here are the statistics on citations for Open House parties in Edina 2014 - (through August) -1; 2013 -1; 2012 -4. Police are not able to enter a house unless invited in or with a warrant Often parents or teens will not open the door for police responding to a call of a disturbance. If two officers answer a call, one can go around back while the other calls at the front door. Youth running out the back are then stopped by a police officer. But for a busy police department, sometimes only one officer is sent to answer a call. Citations issued for underage alcohol consumption tend to be highest during the school year. In 2013, 68 citations were issued, in 2014, 57 citations have been issued to .date. Citations issued by Edina Police are for offenses that occur in Edina and may not all be issued to residents. EHS Homecoming is usually a weekend that underage citations spike due to several parties and also the number of young EHS alumni returning from college to visit.""0 Compliance Checks of Businesses Sellinq Alcohol and Tobacco Edina tobacco sellers are checked once a year and alcohol retailers are checked twice 14 a year. Usually a youth from the Police departments Explorer program will go into a business to. try to purchase alcohol -or tobacco,.Jhey are accompanied by one or two plain clothes officers. If a sale is made to underage youth both the clerk or server and the business are fined. If there is a history of the business having previous citations for underage.sales they may not be able-to sell any alcohol or tobacco for a period of time or even have their license to sell,revoked. Driver's licenses for those under 21 have a prominent redline soffit is easy to determine if the youth is of legal age.xml" City of Edina Park and Recreation Policy It Is the Edina Park Board's philosophy to encourage parents and coaches to do their best to always display positive and healthy role modeling behaviors while interacting with youth.wlx The Edina Park Board strongly encourages each Edina youth athletic association to take the following actions: 1. Establish a drug, tobacco and alcohol policy that reflects a zero tolerance approach to elicit drugs, tobacco and alcohol use by its youth participants. 2. Require that parents (and coaches) sign a statement that acknowledges that they have read and understand the association's current drug, tobacco and alcohol policy. Coaches and parents are strongly encouraged not to consume alcohol or tobacco while interacting with youth on traveling team trips. This is not an enforceable policy, but strongly encouraged as positive role model behavior. The associations also cover this in their preseason parent meetings for coaches, players and parents and,during coaches, training and'orientation. They have . parent/coaches meetings that discuss;'their policies and expectations for the upcoming season. Many associations are affiliated with a state or national or that ;. also covers these policies. For example, Edina Soccer Club (ESC) and Minnesota Youth Soccer Association (MYSA),have a code of conduct that parents and coaches. sign. They have additional information that is supplied by MYSA's PACT Program which is an additional training for parents and coaches on the Code of Conduct that includes more on drugs and alcohol. Edina Public Schools Chemical Use and Abuse Policy The Edina school board recognizes that chemical use and abuse constitutes a grave threat to the physical and mental well-being of students and significantly impedes the learning process. The school board believes that the public school has a role in education, intervention, and prevention of chemical use and abuse.'I Policy 632 goes into detail about providing an instructional program in every school and establishing an advisory team to address chemical abuse problem in the district. Recommended consequences for alcohol, tobacco and chemical possession or use on school district property.or at a district - sponsored activity include social worker intervention, police'referral and suspension from class. Third offenses could lead to expulsion. All consequences are determined on a case to case basis.x" 15 The number of students suspended from . Edina High School, grades 10 -12, for chemical possession is summarized in the following table: Tobacco use or possession on district property or events can result in an in- school suspension, where the student serves the suspension supervised in a conference room during the school day. Alcohol or drug use, possession or intent to sell on district property or at events automatically results in an out -of- school suspension.' Minnesota State High School League Chemical Health Policy The Minnesota State High School League (MSHSL) is a voluntary, nonprofit association of public and private schools with a history of service to Minnesota's high school youth since 1916. The League exists to provide competitive, equitable and uniform opportunities for high school students to learn valuable lessons through participation in athletics and fine arts. MSHSL requires participants.to be alcohol, tobacco and drug free. If a student receives a citation from police for alcohol, tobacco or drugs outside of school, the police forward' this information to the student's school. A 2009- 2010- 2011- 2012- 2013- 10 11 12 13 14 Alcohol; Possession or;Use -1. 17 2 3 4 Chemicals, Possession or Use 13 is 8 10 12 Tobacco, Possession. or Use • 11 4 2 4 10 Chemicals, Possession w /Intent Dist Sell 0 2 0 2 0 Tobacco use or possession on district property or events can result in an in- school suspension, where the student serves the suspension supervised in a conference room during the school day. Alcohol or drug use, possession or intent to sell on district property or at events automatically results in an out -of- school suspension.' Minnesota State High School League Chemical Health Policy The Minnesota State High School League (MSHSL) is a voluntary, nonprofit association of public and private schools with a history of service to Minnesota's high school youth since 1916. The League exists to provide competitive, equitable and uniform opportunities for high school students to learn valuable lessons through participation in athletics and fine arts. MSHSL requires participants.to be alcohol, tobacco and drug free. If a student receives a citation from police for alcohol, tobacco or drugs outside of school, the police forward' this information to the student's school. A f. student who is' part of an activity or club will be suspended:t6m the activity fort weeks or 2 gamestperformances, whichever is greater, per MSHSL guidelines. Coaches and advisors may have a stricter consequence fo�'alcohol sand drug offenses. Citations received by the Edina High School Athletic Office are summarized below: 2012 -2013 46 Possession of Alcohol 2 . Possession of Alcohol & Drugs 1 Possession of Drugs 11 Use & Possession of Alcohol 12 Use &Possession of Alcohol & Drugs 1 Use & Possession of Drugs 5 Use ofAlcohol 12 Use of Drugs 2 2013 -2014 85 Possession of Alcohol 2 Possession of Drugs 15 Use & Possession of Alcohol 26 Use & Possession of Drugs 10 Use ofAlcohol 28 Use of Drugs 4 2014 -2015 (through September 3) 5 Use & Possession of Alcohol 1 Use & Possession of Drugs 3 Use of Alcohol 1 Youth Court Teen Youth Court or Peer Court is a diversion program to which a county attorney may refer low -level teen offenders. Participants are all teenagers, sworn to confidentiality. They serve as prosecutors, defense attorneys, jurors and bailiffs. Defendants admit guilt, agree to answer questions on the witness stand and carry out a sentence imposed by peers. 16 Defendants who participate have their records wiped clean or may not be charged after completion of the program. Offenses eligible for.'teen court may include . shoplifting, disorderly conduct and underage consumption ;of,tobacco and alcohol. Dakota County has had a Peer Court since 2000. A school resource officer and social studies teacher organize the space, for the court and recruit volunteer jurors. The court can be conducted as part of a social studies class or an after- school activity. Juveniles participate.in a peer court away from their community for privacy reasons. Peer Court is public but uses only the first initial of last name and doesn't name the specific location where the offense took place. Dakota County has a 71% success rate with peer court. The remaining 29% either don't complete their peer court sentence or have another Offense before they are 18.x Prosecutors say diversion works. According to recent.studies, four out of five teens who go through a, diversion program stay out of the system for the next two years, said lawyer Michael Chmiel, supervisor of the juvenile.division in the Anoka County Attorney's Office.'"" Education: Edina Public Schools Curriculum Presently the Edina Public Schools teaches about drug use and abuse in health classes in V', 7'" and 9'h grades. Fifth grade class topics include dealing with feelings, planning for safety; tobacco and alcohol; learning about diseases and legal and illegal drugs. Seventh grade health.class has a chemical health unit that covers the effects of tobacco, alcohol, other drug use and abuse. The influence of family, peers and media on health decisions is examined. Interpersonal communication skills and decisiort�making skills to enhance health or reduce rsk'are taught. The high school health class unit on.drugs, alcohol and tobacco teaches students about chemical dependenoe, misuse /abuse, legal /illegal drug use, refusal, and'treatment options. Edina High School ChemicaVMental Health Coordinator The position of Chemical/Mental Health Coordinator at the high school started in 2003 and was funded by a series of grants from'the Safe and Drug Free School, Act. According to Janet Schank, who formerly held the position, 'The Chemical /Mental Health Coordinator position was originally split 50/50 between -mental health and chemical health support for children and families. While the focus later shifted to Chemical Health, the mental health„ component was still an essential part of the work.""' The Chemical /Mental Health Coordinator followed up with students who received citations from the police for alcohol or substance violations, counseled students and helped facilitate student groups like Sober Squad that focus on not using chemicals. "The position also involved consultation with parents, families, EPS staff, and students who were concerned about friends or peers. The coordinator was a part of the weekly student assist team meetings at EHS and the two middle schools and often worked with the middle 17 school and sometimes wihelementary, school staff re' student and.family support and intervention. The school social worker and I also had a weekly harm,reduction group for studerts who wanted to quit or reduce-their alcohol/tobacco /drug use. Both the social worker and I often met individually with those students at-least once a ^ ^week:'xivi Janet said that the formation of Sober Squad made it easier for students to approach her, as being seen talking to the Chemical/Mental health counselor didn't necessarily mean you were using. According to Bruce Loddear, Principal of Edina High School, "The Chemical /Mental Health Coordinator is very important to have in the high school full time. They are a- big help in preventing and intervening in substance use. "'v" At present this position is unfilled andbeing redefined. Edina Public Schools Resource Officer/ Police Liaison Edina has two school resource officers who share staffing duties at all nine Edina public schools. The School Resource Officers develop and present prevention and safety, programs for youth, respond to calls for service at the schools and investigate crimes that occur on school property. Police liaisons are a good resource for staff when dealing with substance issues. They interact with students in a positive way and focus on developing good communication and relationships with students and staff.x'""' Edina High School Parent Teacher Organization (PTO) Edina High School PTO sponsors a program for parents on 'Teen Social Life and the Law" at the High School at the beginning of the school year. The program features a panel that includes the EHS Liaison Officer, an attorney, an Assistant Principal and students. The' information presented includes underage drinking and tobacco use, curfews, drug possession, hosting and chaperoning parties, parent liability, and legal consequences."ux Edina High School Dances Edina High School Student Council organizes parents, administrators and staff to chaperone dances at the High School or off -site. The Student Council Advisor meets with all the chaperones and police liaison before the dance begins to give instructions about the locations, students may or may not be and what to do if a student is acting in a way that is altered. Parents are instructed to find the Student Council Advisor, police liaison or administrator if they suspect chemical use by a student.' In 2013, a group of parents met with EHS administration after concerns about drinking at school dances. Breathalyzer testing was then introduced at the next Edina High School dance. Students were breathalyzed randomly or when under suspicion. In order to enter the dance, students were required to agree to submit to.a breathalyzer test,and if they declined, they would be asked to leave. If a student were.to test positive on a breath test, they would be prohibited from attending the following two dances. Eighty students were breathalyzed at the dance and none were sent home. if 18 Use of the equipment gets positive comments4rom many parents and students. It seems to help curb use before the dance but not post,dance drinking. One student was quoted in the EHS newspaper, Zephyrus, assaying, "The only thing that may be seen in the future as a problem is drug usage because if alcohol is too risky, kids might turn to other drugs that can go below the radar".111 Edina Parent Communication Network (PCN) PCN offers free forums for families and educators of children Pre K -12. PCN was created in 1998 with a goal to support parents and educators to build stronger families and a stronger community. PCN is funded through school PTOs. PCN determines what topics and speakers to have based on perceived interest in the community and quality of available speakers.1" In 201415 two of the four forums' planned deal with chemical health: September -John Underwood,. creator of the Life of an Athlete program. Life of an Athlete fosters a substance free community by providing scientific education on how substance use, sleep and nutrition affect-performance in academics, athletics and extracurricular activities. November -Edina School'Resource Officer will lead a forum on substance abuse in Edina. Edina Family Center The Family Center offers monthly parenting classes during the school year for middle school and high school parents.: Topics for these classes include adolescent brain' development and the effect of substances, a visit from members of Sober Squad, and obstacles faced by parents: parties, dances, party buses, lax parental attitudes, parent experiences with substances as a teen and ambivalence around the topic."" SoberSauad Sober Squad was started at Edina High School around 2006 by a student who believed that the teens who choose not to use substances should have a peer group. It is student led and supported by adult staff including the Chemical Health Coordinator and health class teacher. High School Sober Squad members go into middle school classrooms and tell younger students that they do not have to use substances to fit in or be popular at school. Membership numbers have varied over the years. It started out as a small group of 12- 20 then grew to 200 members when high school activities fairs were held at the beginning of the school year. The group has 52.members in 201415 and meets on collaborative Wednesdays There is currently no activities fee for Sober Squad, although this was suggested once. Tri -City partners donated $1000 annually, but since it dissolved there has been no funding for Sober Squad. Funds were used for t -shirts the students wear when they make presentations, Homecoming parade candy, refreshments for 7:30am meetings, lunch on the run for students headed to a presentation who will miss lunch, and travel 19 expenses for events that require a registration fee." Some Sober Squad members also participate in Edina Committed: Sober Squad is more of an educational group whereas Edina Committed; focuses on students in activities makirig healthy choices to improve performance. Both groups support healthy choices -and not using drugs, tobacco or alcohol. Edina High School Sober Squad students shared the following observations with the study committee: • Alcohol, tobacco and marijuana are common; • e- cigarettes are used in the bathrooms and can be used to smoke marijuana; • Breathalyzing for alcohol at dances will push teens to use other drugs that are not being screened for; • "Drug dogs" at dances and in the school would decrease the amount of drugs used by students, "When other school districts are using the Edina dogs to search their school, and with the problems we see here, It's stupid that we don't do this." • Teens avoid using chemicals because: they don't want to lose privileges or their'parents' trust; their peer group doesn't use; they have been educated on the risks of use and have other ways to deal with stress; they don't need "that feeling°; • Teens also reported hearing about positive health choices regarding .chemical use at an early age from older siblings; older cousins, 7`" grade health class, Sober Squad visit at school, Girl Scouts and from their parents. According to former Chemical/Mental Health Coordinator Janet Schank: "(Sober Squad) did so.much more than speak in middle and elementary school classrooms. Ttie.mission of their group is to serve as role models to their peers and to younger students and to help others see positive alternatives to drug %alcohol/cigarette use. The Sober Squad students spoke to many community groups and, parent groups. Members also represented a student perspective on various city committees and task forces." Edina Committed Edina Committed is a relatively new program facilitated by students who are involved in EHS -sports and fine arts programs. It is based on John Underwood's Life of an Athlete program. It started at EHS in 2013 when Dr. Locklear and 3 students attended required workshops in Lake Placid, New York where Life of an Athlete is based. This program fosters a substance free community by providing scientific.education on how substance use, sleep and nutrition affect performance in academics, athletics and extracurricular activities. EHS Students train their own groups in avoiding substances to improve performance. , Students set the expectations and• manage communication with the support of trained adults. Students are encouraged, but not forced, to sign a commitment sheet that they will not use substances. Training is expensive. Edina Boosters have provided money for this: $6,000.10,000 was needed to send 4 -8 students to Lake Placid for the training and to: bring John - Underwoodto Edina.l"l 20 Participation by students has been encouraging: 70% of the 2013 football team took the pledge, 100% of women's 2013 hockey and women's 2013 basketball took the pledge, • 75% of men's 2013 baseball and 85% of women's 2013 softball took the pledge, • In' 2014, the football team and Band plan to participate. Citv of Edina Chemical Health Coordinator A Chemical Health Coordinator for the City, of Edina was first hired in 1988. The position and work done were funded through federal grants and non - profit organizations. Tobacco prevention for youth, smoke -free air lobbying and the Red Ribbon Campaign, to raise awareness of chemical health, were the focus at this time. The Edina Parent Toolkit was also created and is'available online 10 In 1995 Tri City partners was formed and included the cities of Edina, Bloomington and Richfield. Funded by a grant from the Substance Abuse and Mental Health . Services Administration. (SAMHSA),'Tri -city partners worked to reduce youth substance abuse. In 2013 grant money ran out and Tri= City dissolved. The Statewide Health Improvement Program (SHIP) funds disease prevention and health promotion for Bloomington, Edina and Richfield. The program is.admihistered by Bloomington and focuses on obesity and tobacco, not youth substance use. 1V10 Kathy Iverson retired from the position in July 2014. At present this position is unfilled and being redefined. Edina Community Health Commission (CHC) The City of Edina Community Health. Commission (CHC) researches, evaluates and, prioritizes issues affecting the health and well -being of those who live and work in the City of Edina by working closely with other individuals and groups interested in health. The group serves as an advisory commission to the Edina City Council (Board of Health) and shares their findings and conclusions related to the needs of the City's environment and community members' health. The CHC has nine volunteer members and meets each month. Each member serves a three -year term, except for the student member who serves a one -year term. Besides working on the e- cigarette ordinance that passed in August 2014, the CHC is discussing youth and alcohol, working to help seniors and encouraging a dementia - friendly community. ""The Council has requested that "health Is in all policies" and the CHC will review policies to assess their effect on community health and wellness. IV. Summary Edina Chemical Health Partners Edina Chemical Health Partners was formed in 1997. The mission of Edina Chemical Health Partners is to reduce alcohol abuse in Edna by promoting collaborations within the community. Edina Chemical Health Partners meet the third Thursday of each month and information is posted on the city website. The public is welcome to attend. Members currently attending include: City of Edina administration, the Edina-Human Relations Commission, Edina Public Schools administration, Edina Police, representatives from the Edina Rotary and the Edina Morningside Rotary. Clubs, Edina Parent Communication Network, Fairview Southdale Hospital and concerned citizens.'" This group was formerly coordinated by the Kathy Iverson; now retired, and Tri -City Partners, now defunct. There has been some reduction in substance use by youth but Edina youth are still using alcohol, tobacco, marijuana and prescription drugs. Use of tobacco has decreased but marijuana use has increased; Also, new substances, such as synthetic drugs, are available to youth that parents may have little knowledge about. Prescription drug use is also a concern and might be available in the home or prescribed for the youth but shared with others. Education about chemical health for students and parents is available In the community. Laws and policies exist to discourage. youth use .of substances, but these can be difficult to enforce. Police liaison officers did not exist in 1997 when the LWVE position was written. At the time of the original study there was little or no peer leadership in this area; now the existence of Sober Squad and Edina Committed at Edina High School puts students in the forefront of the program 21 for better chemical health. Peer led groups and programs at EHS that discourage use of chemicals-are positive developments but do not always have a secure source of funding. The position of a school Chemical Health, Coordinator did not exist inl997. At present it is unfilled and in the process of being redefined. The city of Edina Chemical Health Coordinator position, created in 1988, is also in limbo. For nearly a decade there was grant money to allow the functioning of Tri -City Partners — Edina, Bloomington; Richfield, that worked on chemical issues. This funding has now been redirected: When funding'disappears, the support system for prevention of youth use of alcohol, tobacco and other drugs suffers. Chad. Schmidt, Ph.D., Director of Research and Evaluation, Edina Public Schools. "2013 Minnesota Student Survey Results" "Schmidt, (shortened from Information provided in note i above) iii David Walsh, "Why Do They Act That Way ?" (Free Press, Simon and Schuster, 2004),142-145. i" Walsh, (shortened from information provided in note iii above) Walsh, (shortened from information provided in note iii above) vi Minnesota Statute 340A.503 Persons under 21; Illegal Acts vii Edina City Ordinance, Section 905, Open House Parties viii Monitoring the Future Survey ", http : / /www.monitoringthefuture:org. Ix Centers for Disease Control and Prevention. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, Department of Health and Human Services. Tobacco Use: Targeting the Nation's Leading Killer, At a Glance 2009. http : / /www.cdc. gov /chroniedisease /resources /publications /aag %pdf /tobacco, pdf xU.S. Food and Drug Association, Electronic Cigarettes, hftp.,//www.fda.gov/newsevents/publiche.ilthfocus/ucm 172906. htm http : / /www.6dc,gov /media/releases /2014 /pO825- e- cigarettes.html ?s cid =cdc homepage whatsnew A http:// www.twincities.com /localnews /ci 26418406/st -paul- bans - sale - cheap - cigar - singles xiii FDA, (shortened from information provided'in note x above) http://www.fda.gov/NewsEventsiPublicHealthFocus/ucml72906.htm xiv Minnesota Statutes 2012, section 609.6855, 609.6855.SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN. xv Shannon Prather, "Hopkins declare moratorium ", Star Tribune, date, sec. AA, p.1. xvi City of Duluth Minnesota Legislative Code, 1959, As Amended, Chapter 28. Health And Sanitation. Article VII. Smoking in Public Places. 22 'n0 "Medicine or Menace? What we know about medical marijuana" by Howard Bell. The Journal of the. Minnesota Medical Association; April 2014 '"_01 Schmidt, (shortened .from information, provided in note 1 above) Ax http: / /www. drugabuse .gov /publiications /drugfacts /high_ school- youth - trends xx MTF, (shortened from information provided in note viii above) Bell, (shortened.from information provided in note xvii.above) xxii http://www.drugabuse.gov/ about -nida/ directors - page /messages- director /2012/09 /mariauanas- lasting- effects -brain xxiiiJennifer Brooks; .Minnesota Poll: Majority support legalization of medical marijuana, Star Tribune, February 18, 2014; sec.2, p.1. http://www:sta'rtribune.com /politics /statelocal /245910931. html ?page =2 &c =y xxiv http://www.riytim6s.com/ 2014 /02/13 /opinion/we- need - proof -on- mariivana :html ?nl= todaysheadlines &emc =edit th 20140213& r =0 xxv Minnesota Statutes 2012, section 13.3806 http: / /www.hennepin.us/ residents /recycling- hazardous - waste /medicine- disposal )0"A'hfti)://www.cdc.govlvitalsignslopioid-prescribincil "n111 Minn Post, January 20, 2014, http: / /www.minnpost.com /politics- policy /2014/01 /twin- cities - minnesota- trying -cope- flood - cheap -pu re- heroin 'x Partnership for drug free America, http: / /Www.drugfree.orci join- together /georgia- generation -rx- campaign- aimed -at- curbing- teen - prescription- drug -ab use xxx Minnesota Statutes 2012, sections 144E.101, subdivision 6; 151.37 "d Mn Board of Pharmacy xxxu http: / /wwW.hennepin.us/ residents /recycling- hazardous - waste /medicine - disposal xxxiii National Institute on Drug Abuse, http: /Amm.drugabuse.(iov /drugs- abuse /k2spice- synthetic- marijuana xxxiv NIDA, (shortened from information provided in note xxxiii above) xxxv NIDA, http: / /www. drugabuse .gov /publications /drugfacts/ synthetic- cathiriones- bath -saits xxxvi Report and recommendations from the MN Select Committee on Controlled Substances and Synthetic drugs,ad opted 1 /29/2014, http: / /www. house.leg. state, mn. us/ comm/ docs/ S61ectCommitteeReportRecommendations 12914. pdf xxxvii Interview with Officer Tom Draper, Edina Police Dept „August 25, 2014 xxxviii Interview with Officer Draper, (shortened from information provided in note xxxvi above) 23 f., '0D1�x Edina Park Board Statement of Philosophy and Recommendations Regarding Drugs, Alcohol and Tobacco, https: / /edina fi.cov /edinafiles /files/ GYMNASIUMS %20POLICY %20(2).Pdf A Independent School District 273, Policy 632,adopted Sept. 29,2009 xli Edina Public Schools, Student Rights and Responsibilities Handbook 2014 -2015. xm Interview with Michael Pretasky, Asst. principal, Edina High School, September 2, 2014 xliii Phone Interview with Monica Jensen, Dakota County Communications Director, January 8, 2014. AN Shannon Prather, "Teen Court Deemed a Big Success ", Star Tribune, February 12, 2013, hftR://www.start'ribune.com/local/north/l 90529611. html YjY Interview with Janet Schank, former chemical health coordinator for EPS and Roxanne Lehman, Adolescent specialist Interview'with Janet Schenk, September 23, 2014 Interview with Dr: Bruce Locklear, Principal Edina High School, May 9, 2014 xlviii. Interview with Officer Tom Draper, Edina Police Dept., August 25, 2014 AN Interview with Cathy Groat, 2014 EHS PTO president, August 18, 2014 I Interview with Melanie Pusateri, EHS .Student Council Advisor, August 22, 2014. Ii Party Bus Letter to Parents, January 2014 Iii Hannah Kloos, hftp: / /Www.Edina Zephyrus.com /the- breathalyzing - policy- after - the - dance/ liii Interview with Emily Wagner, EHS PCN representative, August 19, 2014 IN Kristin 'Shelley, M.Ed., Licensed Parent Educator, Edina Family Center, May 28, 2014 Iv Interviewwith Matt Nilsen, Sober Squad Advisor, May 12, 2014 Ivi Dr. Bruce Locklear, (shortened,from information provided in note xlvii above) Ivii Interview with Kathy Iverson, Chemical Health Program Coordinator, May 6, 2104. Iviii Interview with Community Health Commission Liaison, Jeff Brown and Chair, Alison Pence, August 26; 2014. IN Interview with Community Health Commission Liaison, (shortened from note Ivili above) IxEdina Chemical Health Partners webpage, City of Edina, http: / /edinamn.gov /index.php ?section= chemical - health 24 Heather Branigin From: Walt <mcclurenw @hotmail.com> Sent: Friday, November 07, 2014 9:50 AM To: Edina Mail Subject: Re: proposed sidewalks for West Shore Drive Attachments: Edina Council letter .docx Please consider the views in the attached letter (also reprinted below) regarding proposed sidewalks for West Shore Drive. If possible, we would, appreciate acknowledgement this letter has been received. Walter and Nancy McClure 7 Nov. 2014 To the Honorable Mayor and Council of Edina We are Walter and Nancy McClure and live at 6621 West Shore Drive. We have lived, at this address since 198E We wish to speak against constructing sidewalks on West Shore Drive for at least the next fifteen years. A criterion not readily apparent on the list of criteria in Edina's Comprehensive Plan for motorized and non- motorized traffic is the wishes of the residents of the street where sidewalks are proposed. We believe this criterion should be added specifically and unambiguously. When West Shore Drive was reconstructed in 2.008 or so, a survey found a substantial majority of the residents opposed constructing sidewalks, and the City respected their desires. . We thought this settled the issue until the next time the street is reconstructed. Conditions and residents may have changed, by then, but in the meantime m doubt that sentiment against sidewalks has changed much. Thus we were surprised to get a Notice suggesting th Council was holding hearings to build sidewalks on West Shore. - We have successfully raised three children to adulthood at this address; sidewalks restrict play space and are irrelevant to the real problems, such as children obliviously chasing a ball into the street. And we enjoy the pleasure and health benefits of outdoor exercise, and are inveterate walkers in the neighborhood in all kinds of weather. Not only has the absence of sidewalks caused little problem, we consider the absence of excessive pavement critical to the attractive character of the neighborhood. The Council has wisely sought to remove the financial issue from resident decisions by shifting. increasingly fror resident to public. financing of public sidewalks. Will such financing cover residents' costs of reconstructing driveways, retaining walls, landscaping, etc.; otherwise the issue is reduced but remains. But we emphasize that our decision, and many of our friends' ,on the street; was not primarily financial. We wer drawn to Edina first because of its superb public schools but also because of its attractive suburban character ... more greenery, more space, less concrete. How can one compensate for the environmental damage when sidewalks require, say, removal of residents' mature trees with their beauty and shade. If we wanted more pavement and crowded front yards, we could have stayed in Minneapolis. Perhaps we misunderstood, that the Notice did not mean sidewalk construction was imminent, but simply remained in the Plan to be considered at the next reconstruction of the street. But the Notice said nothing about timing. So we are concerned that City Planning not become like so many unwanted private developers, coming back year after year each time their project is turned down, requiring citizens to continually mobilize to defend against an unwanted development, In sum, we oppose sidewalk construction on West Shore Drive for the foreseeable future, and wish assurance the issue will not be raised again until the next reconstruction of the street. We believe a survey will show most of our neighbors share this desire. Thank you for consideration of our views. Sincerely, Walter and Nancy McClure mcclurenw@hotmail.com tel: 952- 927 -9633 2 Heather Branigin From: E Roepke <eroepke @gmail.com> Sent: Friday, November 07, 2014 1:29 PM To: Edina Mail; jan.callison @hennepin.us Cc. cbremer101 @gmail.com Subject: Xerxes Ave- Bump -outs Dear Mayor Hovland and Commissioner Callison, I am the property owner /resident at 5808 Xerxes Ave, Edina. I am contacting you concerning the bump -outs that were recently installed along Xerxes Ave. I understand this conversation is still underway. To start with please let me explain that I am a major supporter of these bump -outs. Three times I have nearly been hit by a vehicle while working in my front yard. I know others along Xerxes have had similar experiences. Also, looking out of my house I have seen many instances of highly unlawful traffic behavior (i.e. passing on the right (shoulder)) and near misses between cars and bikers /pedestrians. These bump -outs are an extremely important factor in making Xerxes a safer street for residents and pedestrians. That stated, I will admit that the bump -outs are not "pretty" and lack any amount of sophistication or appreciation for the aesthetic. I will point out, however, that we were told that this is what they would look like. We were even provided with pictures of what they would look like. So, the bump -outs, as installed, do not really conflict with my expectations. They also appear to be very successful at improving traffic behavior (everything except speed). In the meeting held by Hennepin County Engineer James Grube, Mr, Grube explained that there is insufficient funds at this time to do more with the bump -outs. Many were unhappy with that response, but took some comfort in the plan that when Xerxes is modernized in the near future, proper bump -outs would be built, included with the curb line, and be "green space" like Lyndale Ave). Again, Mr. Grube many times stated that money was not available for such a project now, but did reiterate several times that Xerxes is due for a complete overhaul and that hopefully funds would be available in a few years times. This would also likely solve the serious manhole problems on Xerxes. In closing I would reiterate that I am very much as supporter of the bump -outs, but, if possible changes are now back on the table, I would ask for that Xerxes be modernized and made to look more like Lyndale - where green -space bump -outs are part of the street curb line. Please keep me informed of any decisions reached on this never - ending topic. Thank you, Erik Roepke 612- 432 -3745 P.S. Mayor Hovland, with the recent street improvements, it is obvious that traffic speeds have actually increased. The smooth, no longer suspension - ruining surface has countered any positive impacts received from the bump -outs regarding traffic speed. Clearly, Edina (and MPLS) PD should be patrolling Xerxes Ave wit_ h much more frequency. (And, I'd like to know if a bus has ever been pulled over for speeding... but I digress.) Heather Braniain From: ds234125 @gmail.com Sent: Friday, November 07, 2014 1:58 PM To: Edina Mail Subject: City Budget Dear MayorJames Hovland, I would like to see how the city spends its money. Where could I find a copy of the budget? Dylan Schwartz Heather Branictin -e From: Susan Umlor <susanumlor @gmail.com> Sent: Sunday, November 09, 2014 8:11 PM To: Edina Mail Subject: Sidewalks on West Shore Edina City Council, We live on West Shore and Andover and received your letter recently about the sidewalk facilities plan. We wanted to be at the meeting on Monday the 3rd, however, I had a board meeting and my husband had to stay home with our infant who falls asleep before 7. Our questions are below and we would really appreciate any responses you could provide. Thank youl 1. What side of the street will the sidewalk be on? The East or West? 2. How does this impact property values? 3: How will these be paid for? Are the homeowners reponsible or is the city paying? Or is there some kind of split responsibility? A big concern is the impact on property value and who is responsible for paying. - Also b/c West Shore tends to be a street people speed excessively on, we'd be curious to know if "local connector" streets tend to have higher traffic and /or speeding or if that is not impacted at all. Thanks, Susan and Clayton Umlor 1 Heather Branlain From: PBK <pennbrokeith @gmail.com> Sent: Sunday, November,09, 2014 8:33 PM To: Edina Mail; jan.callison @hennepin.us; cbremer101 @gmail.com; Carole Cera; njmccarthy @q.com Subject: Xerxes redesign letter from u Just a quick note. Hello from Keith Reitman at 5400/5402 Xerxes. Thanks, Chris Brown, for ur effort to bring attention to the outcomes of the mill and overlay and "redesign" along Xerxes. Can u forward to me some of the concerns and observations of others? I' have my own concerns and observations, too. We need a safer pedestrian crossing at 54th and Xerxes. Many people take great risk to cross Xerxes. Mostly kids, bus commuters, and dog walkers. But Edina and it's traffic engineer Chad Milner decided that pedestrian safety was not worth even half a gallon of WHITE PAINT to demarcate a crossing there. Of course no expense. was spared setting up a camera to monitor and count the number of crossers over a number of days. A count which, I learned, was too low to "warrant" (that's the technical term) pedestrian demarcation therewith half a gallon of paint. Heavy Unabated Traffic travels down hill in both directions toward 54th Street along Xerxes. Hence people travel at highspeed there, and care very little about slowing down and yielding there. This is personal: The project also took away ALL STREET parking in front of our two houses by adding the bump outs, and, tapering the stripe toward the curb. In discussions, out front, my recollection is Chad Ellis, the county engineer on the project, whipped out his tape measure and told me I would have a parking space in front of 5400 Xerxes, North of the bump out I acceded to. Thanks. Call or write. Sincerely Keith 622 386 8118 Heather Branigin From: Chris Bremer <cbremer101 @gmail.com> Sent: Sunday, November 09, 2014 9:02 PM To: PBK Cc: jan.callison @hennepin.us; Carole Cera; Edina Mail; njmccarthy @q.com Subject: Re: Xerxes redesign letter from u Hi Keith, Thank you for your note! Several concerns have been raised: • The islands with posts are unattractive (descriptors, include ugly, cold, and ludicrous) • They do not present a positive image of Edina at a highly visible border of our community • They are riot what some people expected • They collect leaves and dirt in the channel intended for water flow • They are visually'distracting • They are too small to allow for landscaping • The posts are not uniformly vertical, due to sloping of the concrete • The black asphalt ramps on the leading edges, installed to preserve snowplow blades, look like an afterthought • Bicyclists might get hurt by falling onto the posts • They attract graffiti • When a post is run into by a vehicle, it stays bent over • At least one island is placed immediately north of a driveway, so that it prevents the resident from safely backing out into the street I was not aware of the pedestrian crossing problem. Thank you for that insight. We will continue to work on the issues and really appreciate your response. Best, Chris Sent from my iPad On Nov 9, 2014, at 8:43 PM, PBK <pennbrokeith @gmail.com> wrote: PS / My correct phone number is: 612 386 8118. Thanks/ Keith Reitman On Nov 9, 2014 8:33 PM, "PBK" <pennbrokeith@a,gmail.com> wrote: Just a quick note. Hello from Keith Reitman at 5400/5402 Xerxes. Thanks, Chris Brown, for ur effort to bring attention to the outcomes of the mill and overlay and "redesign" along Xerxes. Can u forward to me some of the concerns and observations of others? I have my own 1 concerns and observations, too. We need a safer pedestrian crossing at 54th and Xerxes. Many people take great risk to cross Xerxes: Mostly kids, bus commuters, and dog walkers. But Edina and it's traffic engineer Chad Milner decided =that.pedestnan safety was not worth even half a gallon of WHITE PAINT to demarcate a crossing there: Of course no expense was spared setting up a camera to monitor and count the number of crossers over a number of days. A count which, I learned, was too low to "warrant" (that's the technical term) pedestrian demarcation there with half a gallon of paint. Heavy Unabated Traffic travels down hill in both directions toward 54th Street along Xerxes. Hence people travel at highspeed there, -and care very little about slowing down and yielding there.: This is personal: The project also took away. ALL STREET parking in front of our two houses by adding the bump outs, and tapering the stripe toward the curb. 'In discussions, out front, my recollection is Chad Ellis, the county engineer on the project, whipped out his tape measure and told me I would have a parking space in front of 5400 Xerxes, North of the bump out I acceded to. Thanks'. Call or write. 'Sincerely Keith 622 386 8118 2 r Heather Braniain From: PBK <pennbrokeith @gmail.com> Sent: Monday, November 10, 2014 8 :08 AM To: Chris Bremer Cc: Carole Cera; jan.xallison @hennepin,us; Edina Mail; njmccarthy @q.com Subject: Re: Xeres redesign/ Observation at first snow fall The white posts with narrow dark reflector bands on the bump outs now may appear invisible to all drivers as they blend in-very well, and match like camouflage, with the fresh. white snow and dark tire tracks on that snow, in the traffic lanes. I wonder how many will be breached this very day? On Nov 10, 2014 7:11 AM, "PBK" <pennbrokeith@ mail.com> wrote: Dear Ms Bremer and all. I would like to respond to some of the other folks observations. Yes, net ugly was added to the Avenue. As to a dirt and leaf trap, my observations do uphold that fact. One aggravating factor about Dirt, there, that might be worth considering is about the stripe -ing process utilized by the sub - contractor there, at the end of the project. I learned (generally) that the process included dumping a fine sand like product over the applied paint. Lots of it. I watched the subcontractor then dry air - blow that substantial dirt like material, in a dust cloud, up into the air and on to all of our sidewalks and into our front yards and gardens. And still substantial amounts and piles of this allegedly non -toxic sand/dirt still remained in the street and on the bump -outs and my sidewalk. I called high and low to pleadfor this mess to be cleaned up properly and completely. Never happened. I called the contractor, the County project engineer, the watershed district, the Mpls park board etc. Nothing happened and I was told not to worry, it's non - toxic. Well, it may be non -toxic I replied but it sure ain't vitamins and my dog wears no shoes.I recovered and stored about 4 ounces of this mess. (Wanta' test and analyze it ?) Ok. Thank you. Keith Reitman On Nov 9, 2014 9:01 PM, "Chris Bremer" <cbremerl 0 1 @gmail.com> wrote: Hi Keith, Thank you for your note! Several concerns have been raised: • The islands with posts are unattractive (descriptors include ugly, cold, and ludicrous) • They do not present a positive image of Edina at a highly visible border of our community • They are not what some people expected • They collect leaves and dirt in the channel intended for water flow • They are visually distracting • They are too small to allow for landscaping • The posts are not uniformly vertical, due to sloping of the concrete • The black asphalt ramps on the leading edges, installed to preserve snowplow blades, look like an afterthought • Bicyclists might get hurt by falling onto the posts • They attract graffiti • When a post is run into by a vehicle, it stays bent over • At least one island is placed immediately north of a driveway, so that it prevents the resident from safely backing out into the street I was not aware of the pedestrian crossing problem. Thank you for that insight. We will continue to work on the issues and really appreciate your response. 1 \ Best, Chris Sent from my iPad On Nov 9, 2014, at 8:43 PM, PBK <pennbrokeith@gmail.com> wrote: PS / My correct phone number is: 612 386 8118. Thanks/ Keith Reitman On Nov 9, 2014 8:33 PM, "PBK" <pennbrokeith@gmail.corn> wrote: Just a quick note. Hello from Keith Reitman at 5400/5402 Xerxes. Thanks, Chris Brown, for ur effort to bring attention to the outcomes of the mill and overlay and "redesign" along Xerxes. Can u forward to me some of the concerns and observations of others? I have my own concerns and observations, too. We need a safer pedestrian crossing at 54th and Xerxes. Many people take great risk to cross Xerxes. Mostly kids, bus commuters, and dog walkers. But Edina and it's traffic engineer Chad Milner decided that pedestrian safety was not worth even half a gallon of WHITE PAINT to demarcate a crossing there. Of course no expense was spared setting up a camera to monitor and count the number of crossers over a number of days. A count which, I learned, was too low to "warrant" (that's the technical term) pedestrian demarcation there with half a gallon of paint. Heavy Unabated Traffic travels down hill in both directions toward 54th Street along Xerxes. Hence people travel at high speed there, and care very little about slowing down and yielding there. This is personal: The project also took away ALL STREET parking in front of our two houses by adding the bump outs, and tapering the stripe toward the curb. In discussions, out front, my recollection is Chad Ellis, the county engineer on the project, whipped out his tape measure and told me I would have a parking space in front of 5400 Xerxes, North of the bump out I acceded to. Thanks. Call or write. Sincerely Keith 622 386 8118 Heather Branigin From: Chris Bremer <cbremerl01 @gmail.com> Sent: Monday, November 10, 2014 8:12 AM To: PBK Cc: Carole Cera; njmccarthy @q.com; Edina Mail; jan.callison @hennepin.us Subject: Re: Xerxes redesign letter from u Thank you again, Keith. I wonder. what the point of using that product was, because I have never seen as much smeared and'tracked paint as I did with this project. At 60th it looks like multiple cars were 'allowed to drive through fresh paint as they turned east from northbound Xerxes. It all adds to the general negative impression. Best, Chris Sent from my iPad On Nov 10, 2014; at 7 :11 AM, PBK <pennbrokeith@gmail.com> wrote: Dear Ms Bremer'and all. I would like to respond to some of the other folks observations. Yes, net ugly was added to the Avenue. As to a dirt and leaf trap, my observations do uphold that fact. One aggravating factor about Dirt, there, that might be worth considering is about the stripe -ing process'`utilized by the sub - contractor there, at the end of the project. I learned (generally) that the process included dumping a fine sand like product over the applied paint. Lots of it. I watched the subcontractor then dry air - blow that substantial dirt like material, in a dust cloud, up into the air and onto all of our sidewalks and into our front yards and gardens. And still substantial amounts and piles of this allegedly non -toxic sand/dirt still remained in the street and on the bump -outs and my sidewalk. I called high and low to plead for this mess to be cleaned up properly and completely. Never happened. I called the contractor, the County project engineer, the watershed district, the Mpls park board etc. Nothing happened and I was told not to worry, it's non - toxic. Well, it may be non -toxic I replied but it sure ain't vitamins and my dog wears no shoes. I recovered and stored about 4 ounces of this mess. (Wanta' test and analyze it ?) Ok. Thank you. Keith Reitman On Nov 9, 2014.9:01 PM, "Chris Bremer" <cbremerl01@gmail.com> wrote: Hi Keith, Thank you for your note! Several concerns have been raised: • The islands with posts are unattractive (descriptors include ugly, cold, and ludicrous) • They domot present a positive image of Edina at a highly visible border of our community • They are not what some people expected • They collect leaves and dirt in the channel intended for water flow • They are visually distracting • They are too small to allow for landscaping • The posts are not uniformly vertical, due to sloping of the concrete 1 • The black asphalt ramps on the leading edges, installed to preserve snowplow blades, look like an afterthought • Bicyclists might get hurt by falling onto the posts • They attract graffiti • When a post is run into by a vehicle, it stays bent over • At least one island is placed immediately north of a driveway, so that it prevents the resident from safely backing out into the street I was not aware,,- of the pedestrian crossing problem. Thank you for that insight. We will continue to work on the isues and really appreciate your response. Best, Chris Sent from my iPad On Nov 9, 2014, at 8:43 PM, PBK <pennbrokeith@gmail.com> wrote: PS / My correct phone number is: 612386-9118. Thanks/ Keith Reitman On Nov 9, 2014 8:33 PM, "PBK" <pennbrokeith a,gmail.com> wrote: Just a quick note. Hello from Keith Reitman at 5400/5402 Xerxes. Thanks, Chris Brown; for ur effort to bring attention to the outcomes of the mill and overlay and "redesign" along Xerxes. Can u forward to me some of the concerns and observations of others? I have my own concerns and observations, too. We need a safer pedestrian crossing at 54th and Xerxes: Many people take great risk to cross Xerxes. Mostly kids, bus commuters, and.dog walkers. But Edina and it's traffic engineer Chad 1Vlilner decided that-pedestrian safety was not worth even half a gallon of WHITE PAINT to demarcate a crossing there. Of course no expense was spared setting up a camera to monitor and count the "number of crossers over a number of days. A`count which, I,learned, was too low to "warrant" (that's the technical. term)= pedestrian demarcation .there with half a gallon of paint. Heavy' Unabated Traffic travels down hill"in.both directions toward 54th Street along Xerxes. Hence people travel at high speed there, and care very little about slowing down and yielding there. This is personal: The project also took away ALL STREET parking in front of our two houses by adding the bump outs, and tapering the stripe toward the curb. In discussions, out front, my recollection is Chad Ellis, the county engineer on the project, whipped, out his' tape measure and told me I would have a parking space in front of 5400 Xerxes, North of the bump out I acceded to. Thanks. Call or write. Sincerely Keith- 6223868118 2 Heather Branigin From: Knutson, Katie (CI- StPaul) <katie.knutson @ci.stpaul.mn.us> Sent: Monday, November 10, 2014.9:20 AM To: Edina Mail Subject: Follow -up from 84% Hi Mayor, We spoke after the meeting ended and you offered to send me something if I emailed you a reminder. Funny thing I can't remember what I'm supposed to remind you to send me. Maybe this will jog your memory and you'll remember O Thanks again for attending the meeting and being an active participant. Your insight is very helpful as we move forward. Katie Katie Knutson Government Relations Associate office of Mayor Christopher B. Coleman 15 West Kellogg Blvd, Suite 390 Saint Paul, MN 55102 P: 651-266 -8519 katie.knutson n,ci.stpauLmn.us 7rm Most �oWt YpU � s,ib�'r'' Chy In Annerka Making Saint Paul the Most Livable City in America 1 Heather Braniain From: Bruce Hollands <admin1 @uni- bell.org> Sent: Monday, November 10, 2014 9:47 AM To: Edina Mail Subject: U.S. Conference of Mayors Says Open Pipe Procurement Can Reduce Rising Water and Sewer Rates ueeC Mayor ti �_; " {t.. 51. K tudy'by the U.S. Conference of Mayors,'JXI " N Ater and sewer utility rates. Click here for Qty }� The report entitled, Municipal Procurement: Procurement Prof ,Public Benefits, discusses the tendency of many municipalities ductile iron pipe without reviewing other options, instead, rii savings and efficiencies through open pipe selection prac6 KeIep Rising Utility Rates in Check Through Coat} � #i al �n rground' piping represents 60 percent of the total spencin ding capital and operations and maintenance costs), so, ,i Gtices should be focused, says report author Richard F. Art :tt�n estimated $2.28 trillion in infrastructure piping te1' o a ng derground piping networks. Updating procurer The common,practice of choosing metallic pipes without a ful,' lakin g... Only by modernizing, procurement practices and the' uch needed cost- savings and performance improvements In Heather Braniain From: Jeremy Schroeder <JSchroeder @commoncause.org> Sent: Monday, November 10, 201410:25 AM To: Edina Mail Cc: Jerry Franck Subject: Good meeting with you and invitation to event honoring Sec. Ritchie Attachments: Invitation Nov 19th Ritchie event jpg Dear Mayor Hovland, Thank you for meeting with myself and Jerry Franck last week. We are very excited to share our model policies around nepotism and public campaign financing and will share those shortly. In the meantime, we wanted to invite, you to our event next Wednesday honoring Sec. Ritchie. The invitation is below and please contact me if you have any questions. On Nov. 19th at 7 pm, Common Cause Minnesota will be honoring the work of outgoing. Secretary of State Mark Ritchie at the Landmark Center in St Paul. During his time in office, Sec. Ritchie has worked tirelessly to expand the electorate, most notably through online registration and no- excuse absentee voting. Additionally, Sec. Ritchie led the highly contentious effort to recount the elections for Governor and Senator In a way that is now a national model for fairness and accuracy. Common Cause President Miles Rapoport will attend as well. Since joining Common Cause this year, Miles has energized CC to be the pace- setter in the drive for our democracy. Under his leadership, CC is taking on new approaches to our traditional issues, including a close look at how wealth and racial inequality are;made worse by the problems of pay -to -play politics and voting restrictions. This is Miles' first trip to Minnesota as President of Common Cause. It would be wonderful, if you. could join us in honoring` Sec. Ritchie. We will also highlight some exciting initiatives that Common Cause Minnesota is leading. To RSVP (or send regrets) please visit www.commoncause.org/MilesinMN or contact Jeremy Schroeder at jschroeder(acommoncause.org or (952) 923 -6691 with questions. Hope to see you there! Jeremy Schroeder Executive Director Common Cause Minnesota 550 Rice St. St. Paul, MN 55103 (o) (612) 605 -7978 www.commoncause.org/mn 4--al COMMON CAUSE Holding Power Acromatible Jeremy Schroeder Exeaa by Director, Common Cause h innesota Miles Rapoport 1 \V em National President, Conmvon Cause and former Seartag of State for Conneainrt invites you to an evening honoring outgoing Mark Ritchie Secretary of State, Minnesota Learn about Common Cause's efforts to strengthen our democratic system here in Minnesota and across the nation And Celebrate the work of Secretary Ritchie in increasing access to voting for all Minnesota citizens When: Wednesday, November 19th, 7 pm -9 pm Where: Landmark Center, Butler Room 75 5th St., St. Paul, MN 55116 RSVP Required: Notify* Jeremy Schroeder at JSchroeder @commoncause.org or (612) 605 -7978. You can also register at « Y"rtv .commoncause.org /MilesiniNDI Heather Branigin From: Adam Kuzlak - Swanson <6swanson76 @gmail.com> Sent: Monday, November 10, 2014 11:03 AM To: Edina Mail; jan.callison @hennepin.us Cc: cbremer101 @gmail.com . Subject: Xerxes Bump Outs Dear Mayor Jim Hovland and Commissioner Jan Callison, I am writing in regards to the bump outs that were installed on Xerxes Avenue. My husband and I participated in the Initial meetings that discussed the bump outs 'on our street. We were both extremely excited at the I deal We both believed that there was a dangerous problem that existed with cars driving quickly on the shoulders, and that the cars traffic posed risks to both pedestrians on the sidewalks and cyclists that ride on the road. Unfortunately, we envisioned a road with bump outs that resembled those that were installed last year on Penn Avenue, not ones that make the road appear as though it's a constant construction zone. Fortunately, these bump outs have already solved our initial reasons for having them. Cyclists have a safe area to turn into when traffic is heavy and pedestrians have a safe area to stand on without the fear of a car flying into the shoulder because the car turning in front of them is seemingly a great imposition. If we have the opportunity to remedy the look of the bump out to resemble those on Penn, then that would be great. However, if it is a discussion between having bump outs and not having them at all, then we believe It is unreasonable to put residents at risk because the safe option is simply "not pretty". Warm regards, Adam and Dominika Kuzlak- Swanson 5412 Xerxes Ave. South Edina, MN 55410 1 Heather Branigin From: Lizardsking3000 <Iizardsking3000 @aol.com> Sent: Monday, November 10, 2014 3:55 PM To: Edina Mail; jan.carlson @hennepin.us Cc: cbremer101 @gmail.com Subject: Xeres Avenue Bump -outs Dear Mayor Hovland and Commissioner Callison, This entire bump -,out experiment has been a complete farce, and IMO completely unnecessary. I have lived at.55th and Xeres for 20 years and I have never seen traffic move poorly. I now have southbound traffic backed up past my house during rush hour. The location of the bump -outs and the solid white. lines up to the intersections do not allow folks living on interior streets to make legal right turns until getting to the intersection - itself. If the goal was to mess up an otherwise well moving north /south artery street. You were successful. Respectfully Submitted, All Pederson Edina, MN 1 Heather Branigin From: Sue Quirt <susantq @comcast.net> Sent: Monday, November 10,2014 1215�PM,, Cc: Cindy Larson; Edina Mail Subject: Residential construction parking hampering snow removal Cindy Larson and Edina City Council: I live at 5925 Fairfax Ave. and have had teardowns going on all summer and fall. One is next door (Refined) one across . the street, and one a few doors down. 'Today a city snowplow came and could not clear the street in front of my house due to construction workers vehicles. I did call the Edina police non- emergency number as you had previously instructed me to do for parking complaints. I was told that no snow emergency had been declared, but they would send someone out. It is now almost noon, three hours later, and I have even more vehicles lining the street, including one that is parked too close to my driveway. The snow removal guys I was trying to hire for the season drove by but could not even find a place to pull over. They also were not able to turn into my driveway due to a vehicle parked so close. I have severe spine problems and was not able to go out there and try to catch them. They gave up and drove away._ One company already told me that this looked like too much hassle and "passed" on the job. This has never happened to me in all these years. I do not know what the answer is for the developers and parking in the winter. I do know that having.lived in Edina since 1976 1 have never experienced such disregard for the residents. I am not willing to put up with a, winter of unplowed streets, snow emergency or not: If I wanted that, I'd move to Minneapolis. I am also not willing to not. have my driveway plowed because the guys can't get enough room to turn into my driveway: I. need a solution. Perhaps the developers .would like to take care of my driveway this winter. Actually, they should be required to compensate my neighbors and me for months of relentless noise, disruption and lack of privacy, Maybe Edina needs some new laws regarding teardowns. As nice as the workers.themselves have been, the system governing construction, including set- backs, is not fair to the residents. Right now it looks like a free - for -all. Thank you, Susan Quirt Heather Bra nigin From: Jim Stromberg <js8778 @gmail:com> Sent: Wednesday, November 12, 2014 11:01 AM To: Edina Mail Subject: Late -Night Plowing TO: Mayor Hovland, and... City Council Members FM: Jim Stromberg 3930 West 49th St. Snow removal from 49 1/2 St. Parking Ramp Mayor, and Council members: I should have written-this missive last winter when I first was awakened by this, but thought I would wait and see if this was an ongoing issue or simply something associated with an unusual winter (lots of snow!). Since it has already started this year, I'm writing this now in hope some relief can be found sometime before the whole winter season is upon us. The parking ramp on 49 1/2 Street is to the south of my residence. When a snowfall occurs, removal of said snow must happen to the upper level of the parking structure - I certainly know and respect this. What I would like to suggest is two alternatives to what is happening now. Presently (and this was the case last winter as well), the plowing is done in the middle of the night - last night for well over an hour at 2:30 AM. My two alternatives are as follows: 1. Plow at daylight - maybe 7 AM, instead of 2 AM? 2. Disconnect the "beeper" on the machine that sounds whenever the vehicle is in reverse, which is half the plowing time. I know that there's probably some regulation about the "beep" thing as a safety device to warn others of a vehicle backing up. But at 2 in the morning, I don't believe'there's another soul that's in danger of being backed over on that upper level of the ramp. AND, I DO know this: if a resident in the neighborhood was employing someone to plow out his or her drive in the middle of the night, they'd probably soon be ticketed for excessive noise. Please entertain one of those alternatives. Thank you for your time and consideration. Jim Stromberg 3930 West 49th St. Edina, MN 55424 651- 307 -3940 is8778@gmail.com 1 1 yid November 7, 2014 Minneapolis , Co of Ukes Mayor James Hovland Finance Department City of Edina . 4801 West 50'h St. 360 (South 6th Street — Room 326M Edina MN Mlnneopolle MN 6641 5 -1 31 8 Mayor Jeff Jacobs . City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Office 612073-2079 Fax 612 673 -2042 Re: Proposed Sale of Minneapolis -Owned Land at 40" and France M 612 073 -2167 Dear Mayor Hovland and Mayor Jacobs, Cau LR City Intormellon and SeMcee www.cl.minneapoll9.mn.ua Affirmative Action Employer Thank you for your October 17 letter requesting additional time to consider the purchase of the City, of Minneapolis owned land in the vicinity. of 4e St W and France Ave S. We understand the complexity of this situation and therefore agree that the deadline can be extended to December 31, 2014. To clarify, by that date we expect a written offer if you are interested in buying the land. Without such an offer, we will proceed to market the property to other interested parties. We also want to reiterate that any offers should reflect the fair market value of the land. We look forward to working with you to obtain a mutually satisfactory outcgme. Sincerely, It y Hogs, yor Barb Johnson, until President cc: Kevin Reich, Chair of Public Works and Transportation Committee Linea Palmisano, Vice Chair or Public Works and Transportation Committee Kevin Carpenter, Chief Financial Officer Steve Kotke, City Engineer 50rh 'FRANCE - � � LaU�r►-lur-e IJZGIk Edrna Fi r2 bqt, �i►`e P'U.* toun-s at nAA9 Ufa to mw . o t Deb Mangen From: meghan simons figueroa <meghanfigueroa @gmail.com> Sent: ' Friday, November 14, 2014 9:26 AM To: James Hovland Subject: Re: Cahill Shops Thank you so much for the prompt reply! I love Braemar so much. Even now, we frequent the clubhouse concession stand pretty regularly for happy hour (even though we don't golf, ha). I'll definitely sign up for the "extra" and stay informed on its redevelopment, chiming in and participating however I can: Thanks! . meghan figueroa On Fri, Nov 14 2014 at 9 :08 AM, James Hovland <JHovland@edinamn.gov> wrote: Megan, welcome back home. Since these properties are all privately held a petition will not be helpful. We will be doing a small area plan for that node in the future. Currently we are working on a plan for the Wooddale and Valleyview node. Residents; property owners, and retail lessees all are asked to participate. We use professional planners to help the group'come'up with a framework, for redevelopment that they will support. When that is in place it becomes easier for a property owner to redevelop. I understand your frustration. The area is ready for change. As a side note the restaurant in the current golf clubhouse will probably be leased out to an outside of Edina restaurant company that is interested in becoming a neighborhood place to go. We are also looking at winter activities to have there to compliment. All of this will start happening in the next year or two. After the planning ends at the Woodd al'e. node we >will have a timeline for the start of Cahill. If you go to the city web site and sign up to get the city "extra" then you will hear about all the things happening in the city. Ann Swenson, council Sent from my iPad From: meghan simons figueroa [ mailto :meghanfigueroa @gmail.com] Sent: Thursday, November 13, 2014 8:58 PM To: Edina Mail Subject: Cahill Shops Dear Edina City Council, First of all, tliank you for servicing our community: I grew up in Edina and recently moved back to raise my family. It's an incredible community with wonderful resources for families, and a surprisingly responsive city government, thanks to you! My question/petition: The Shops at Cahill. Wh0000000aaaaaah. That area was 'dumpy when I lived here in 1990, and it still looks the same. I recently bought a house nearby and I'm so disappointed that this strip of commercial opportunity doesn't better service the neighborhood, both.residential and the industrial park nearby. I don't mean to suggest a doing - away with the independent businesses that reside there; believe me, I'm not after a strip of Starbucks and Walgreens. I'm happy to patronize Queen of Cakes a Biryani. But the complex itself makes me want to cry every time I drive past it. Cracked pavement. Dumpsters. Not a single place to. get a good cup:of coffee on the morning commute.. Not a single place to enjoy dinner with my husband on a weeknight date - night. Opportunities, missed. I've lived in NYC for the past 10 years, and am new to owning a home and investing in a community (both obligations I'm excited about, by the way). I'm just curious, what does it take to make progress on this valuable strip on Cahill? There have been so many days I've been at Lewis Park with my kids and talked with other moms about how we wish we could just stroll the kids over to Cahill for dinner -- -but, there's nothing suitable. (No, Us is s00000 not an option.) With Braemar in mid -swing on renovations, a community of families with enough disposable income for some decent family (or grown -up) eateries, and Lewis Park brimming with sporting activities ... it seems Cahill shops would service everyone better by, well, servicing more of what we all actually want. I'd love your help and insight on how I might begin a petitioning process to get this area updated and enhanced in a way that benefits the community surrounding it. Thanks in advance - Meghan Figueroa freelance copywriter / creative director / arts & culture review writer meghanfigueroa.com / 347.200.9335 freelance copywriter / creative director / arts & culture review writer meghanfigueroa.com / 347.200.9335 3 Deb Mangen From: meghan simons figueroa <meghanfigueroa @gmail.com> Sent: Thursday, November 13, 2014 8:58 PM To: Edina Mail Subject: Cahill Shops Dear Edina City Council, First of all, thank you for servicing our community. I grew up in Edina and recently moved back to raise my family. It's an incredible community with wonderful resources for families, and a surprisingly responsive city government, thanks to you! My question/petition: The Shops at Cahill. Wh0000000aaaaaah. That.area was dumpy when I lived here in 1990, and it still looks the same. I recently bought„ a house nearby and I'm so disappointed that this strip of commercial opportunity doesn't better service the neighborhood, both residential and the industrial park nearby. I don't mean to suggest a doing - away with the independent businesses that reside there; believe me, I'm not after a strip of Starbucks and Walgreens. I'm happy to patronize Queen of Cakes a Biryani. But the complex itself makes.me want to cry every time I drive past it. Cracked pavement. Dumpsters. Not a single place to get a good cup of coffee on the morning commute. Not a single:place to enjoy dinner with my husband on a weeknight date- night. Opportunities, missed. I've lived in NYC for the past 10 years, and am new to owning a home and investing in a community (both obligations I'm excited about, by the way). I'm just curious, what does it take to make progress on this valuable strip on Cahill? There have been so many days I've been at Lewis Park with my kids and talked with other moms about how we wish we could just stroll the kids over to Cahill for dinner -- -but, there's nothing suitable. (No, Us is s00000 not an option.) With Braemar in mid -swing on renovations, a community of families with enough disposable income for some decent family (or grown -up) eateries, and Lewis Park brimming with sporting activities... it seems Cahill shops would service everyone better by, well, servicing more of what we all actually want. I'd love your help and insight on how I might begin a petitioning process to get this area updated and enhanced in a way that benefits the community surrounding it. Thanks in advance.- Meghan Figueroa freelance copywriter/ creative director/ arts & culture review writer meghanfigueroa.com / 347.200.9335 Deb Mannen From: Susan Khatd <dragont6les31@hotma11.com> Sent: Thursday, November 13, 2014 4:26 PM To: Edina Mail; Joni Bennett; Mary" Brindle (Comcast); Josh Sprague; swensonannl @grimail.com; Scott H. Neal; Edina Mail Cc: kevin @stauntonforcouncil.com Subject: Edina sidewalk map updates - community input Greetings all, Today's Edina Sun has a front page article about sidewalks and online I viewed this map, showing the City of Edina and a 20 -30 year sidewalk plan. http•//edinamn gov /edinafiles /files /City Offices /Engineerin /g Transportation/Sidewalk Facilities ComnPlanNo vl4.pdf I have.a friendly suggestion about needed updates to the template the Engineering Department persists in using. Let's budget for them to devise a new template! Let's use an updated map when we seek community input at the upcoming sidewalk quadrant meetings! Let's not use an old outdated map template, where places of worship are identified with crosses, where at least three names for places of worship are incorrect and where at least two. places of worship are simply omitted. We have this information; we just need to communicate it 'effectively to the Engineering Department! Someone convince them it's worth it to update their template. Thank you. It reminds me of the times when the neighborhood naming meetings were underway, and community members noticed the names of several churches on the maps provided by the city were wrong/outdated. Organizers said the maps they were using (to falk with neighbors about neighborhood names and "boundaries ") were provided to them by the City of Edina Engineering Department. We can see they are still using the same old thing, with its persistent errors. Does.the Engineering Dept know.or care if church names are listed correctly? It surely looks like they think it's no big deal. They can't be bothered to update their map template. Do"they think it's OK to identify places of worship with a cross? (yes, they seem to think that's just fine). Should they adopt a better practice, like our new Edina city map, and identify "Places of Worship" with something like wgreen dot? (yes, this goes without saying, they should not have church names wrong, they should not use -a symbol such as a cross for a place of Worship and,they'should be inclusive of all the places of worship in our city). Someone has spent a lot of time with different colors and dots and dashes to mark out possible sidewalk placements, but they are using an old template. The recently revised Edina City map uses green 'dots to identify Places of Worship (not crosses to identify churches), and the names for the places are more accurate and inclusive. When we're going to schedule four community meetings to discuss sidewalks and use a NIAP as the BASIS for these meetings, let's put our best foot forward and use a good map, because we know it's not Creels Valley Baptist on Tracy, we know the place of worship on France near W 54th is not Grace Church, and we know the place of worship on Wooddale at W 56th is not Colony Park Baptist. What we don't know is why the Jehovah's Witnesses on Tracy is omitted or why the SV Temple on Metro Boulevard is not included either. If someone put the wrong name on a city map for a St. Stephen's or a St. Alban's or a St. Patrick's or a CPC, or just left them off the map entirely when other places of worship were included, would we think that was all fine and not worth correcting? I doubt it. We can do better with this sidewalk discussion map (dated October 2014 by the city's Engineering Department). Sincerely yours, Susan Reiersgord Khatri P:S. When this city map template is updated, please go ahead and change Southview Jr High to South View Middle School and Valley View Jr High to Valley View Middle School, because those are indeed -the names of those places. The use of a name like Jr High reflects just how old this template is, and if that's good enough, why not just call the building location identified as Edina High School by its original name Edina West High School instead? After all, at one time, in the past, that was the name of that building. Of course we don't do that, because that is not the name of the building today, and this is an October 2014 updated map for our November 2014 community meetings. JOYCE MELLOM ATTORNEY AT LAW PO Box 24068 MINNEAPOLIS, MINNESOTA 55424 TELE (952) 920 -3002 FAX (952) 9154413 W W W. MELLOMLAWOFFICE. COM JOYCE.MELLOM @MELLOMLAWOFFICE. CO M To: Mayor and City Council From: Joyce Mellom, HPB member and resident at 4506 Arden Date: 11/14/2014 Subject: Violation of City Council Resolution No. 2014 -43 and ensuing total demolition of heritage resource at 4505 Arden In violation of a standing Resolution by the Edina City Council, on October 27, 2014, Scott Busyn of Great Neighborhood Homes ordered a wreaker into the Country Club district of Edina and demolished entirely the house at 4505 Arden Avenue. (Attachment A - Resolution No. 2014 -43. Upholding the Heritage Preservation Board's approval of a Certificate of Appropriateness for Changes to the Street Facing Fagade ... ) 4505 Arden, along with 555 houses in the historic Country Club District, has been on the National Register of Historic Places since 1980. The designation recognized the CCD as one of the first planned neighborhoods in the country with a significant and well preserved concentration of historic domestic architecture. Once a property is accepted onto the Register, it is officially recognized as a national cultural resource. In other words, its importance extends beyond the borders of the Country Club District, beyond Edina, and beyond Minnesota. The house and neighborhood are a national heritage resource and therefore deserves the city's full attention and support. Likewise, the city of Edina in 2003 assigned Heritage Preservation Landmark overlay zoning designation to the Country Club District to provide the long- sought local protection. (City of Edina website) The national and local designations did not matter to Scott Busyn, nor to Tim and Michele Pronley who have owned the property since 2009 -2010. The historic designations did not matter to the Edina city staff which includes Joyce Repya, Carey Teague, David Fisher, Cindy Larson, and Robert Vogel who colluded and conspired with Scott Busyn to allow the demolition. (Attachment B - 10.28.2014 email from Joyce Repya) The procedural history of 4505 Arden is well known to this council. (Attachment C /Edina Appeal Brief to city council - argument 4.22.2014) Following the City Council's Resolution allowing changes to the street facing facade, the house continued to be rented out by the Pronley family until 8/31/2014. In September 2014, the house was readied for the renovation. At some point a sign was placed in the yard which said "demolition- renovation in progress." This sign was consistent with the COA as issued by the HPB and upheld by the city council Resolution. The garage /rear addition was to be a total demolition and the house and street facing facade were to be renovated. A letter dated 9/1/2014 was sent to the neighbors by Scott Busyn. (Attachment C/9/1/2014 Itr from GNH to neighbors) The city assets this letter was notice of the total demolition. I read it as an invitation to a coffee klatch. A neighbor attended the 9/15/2014 meeting and there was absolutely no mention by Scott Busyn of a total demolition. Not much else transpired until 10/27/2014 when the wrecker came in and took the entire house down. The punishment for the intentional, irreparable harm to the community must be severe. The builder, homeowners, and city staff colluded, conspired and covertly, acted to override the order of the mayor /city council, an elected body whose order has the force and effect of law. I respectfully request that Joyce Repya, Cary Teague, David Fisher, Robert Vogel, and Cindy Larson resign their positions with the city. After 5 years of contention over the house, and after finally getting a Resolution from the city council that everyone could live with, I demand to know why the city staff took unilateral action that violated the decision of city council. Given the fraudulent acts committed upon the citizens, the Heritage Preservation .Board, and the elected body of Edina, I seek a standing Resolution that Scott Busyn, Margaret Busyn, and Great Neighborhood Homes be forever barred from pulling a demolition or construction permit within the city. Given the irreparable damage to the historic Country Club District, the preservation community, and to my home and person at 4506 Arden, I seek damages from Timothy Pronley, Michele Pronley, Scott Busyn, Margaret Busyn, and Great Neighborhood Homes, in' excess of $50,000.00. RESOLUTION NO. 2014-43 UPHOLDING THE HERITAGE PRESERVATION BOARD'S APPROVAL OF A CERTIFICATE OF APPROPRIATENESS FOR CHANGES TO THE STREET FACING FACADE AND A NEW. DETACHED GARAGE AT 4505 ARDEN AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section I. BACKGROUND 1.01 Scott Busyn, on behalf of the current property owners Tim and Michele Pronley, requested a Heritage Preservation Board (HPB) Opinion as to whether he should pursue a tear down and rebuild of the existing home at 4505 Arden Avenue due to the poor`conditionWthe home. No action was taken. 1.02 On January 12, 2010 a request was made to remove the historic resource classification from the home to allow for it to be demolished. The HPB denied the request. 1.03 On.January 11, 2011, the HPB considered a Sketch Plan Review of a proposal to change the front elevation of the home. 11.0.4 On February I I`, 2014, the HPB considered a Certificate of Appropriateness for whole house rehabilitation, a change to the street facing facade and a new detached garage. The item was continued to March 11, 2014, as the HPB considered the whole house rehabilitation to be a demolition of the original 1926 home. 1.05 On March 1.1, 2014, the Heritage Preservation Board approved a Certificate of Appropriateness to build ai new detached garage and make changes to the street facing facade. The plans did not include -a request. for the whole house rehabilitation.' 1.06 On March 17,29 14, Joyce Mellom, 4506 Arden Avenue appealed the decision of the Board to the City Council. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The plans submitted with the subject Certificate of Appropriateness request dated March 4, 2014, and approved by the Heritage Preservation Board on March 11, 2014 do not entail a demolition of the original 1926 home. 2. The new detached garage and changes to the street facing facade are consistent with the Tudor design of the home, and meet the standards'of the Edina City Code`Chapter 36, Article IX. Edina Heritage Landmarks; Edina Comprehensive Plan Chapter 6 Heritage Preservation, as well as the Country Club District's Plan of Treatment. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 www.EdinaMN.gov . 952 =927 -8861 • Fax 952 - 826 -0390 From: Joyce Repya [mailto:JRepya @EdinaMN.gov] Sent: Tuesday, October 28, 2014 11:29 AM To: 'Joyce Mellom' Subject: RE: 4505 Arden The decision was collaborative between David Fisher the chief building official, Cary Teague, Robert Vogel and me. Joyce Repya, Senior Planner '{'r'� 952- 826 -0462 1 Fax 952 - 826 -.0389 e 4801 W. 50th St. I Edina, MN-55424 • ter' JRepy_aaa_EdinaMN.c www:EdinaMN.gov /Planning ...For Living, Learning, Raising Families& Doing Business From: Joyce Mellom [mailto:joyce.mellom @ gmail.com] Sent: Tuesday, October 28, 2014 10:13 AM To: Joyce Repya Subject: RE: 4505 Arden Joyce: Who ultimately allowed the teardown at 4505 Arden? Was it you or Cary or city'manager From: Joyce Repya [mailto:JRepya @EdinaMN.gov] Sent: Tuesday, October 28, 2014 11:29 AM To:'Joyce Mellom' Subject: RE: 4505 Arden The decision was collaborative between David Fisher the chief building official, Cary Teague, Robert Vogel and me. Joyce Repya, Senior Planner 952- 826 -0462 1 Fax 952 - 826 -0389 - 4801 W 50th St. I Edina, MN 55424 �• JRepya(cD_EdinaMN.gov I wwW.EdinaMN.gov /Planning .: For Living, Learning, Raising Families & Doing Business From: Joyce Mellom [ mailto :joyce.mellomCalgmail.com] Sent: Tuesday, October 28, 2014 10:13 AM To: Joyce Repya Subject: RE-4505 Arden Joyce: Who ultimately allowed the teardown at 4505 Arden? Was it you or Cary or city manager G,X.jH CUSTOM HOMES I RENOVATIONS INTERIOR DESIGN September I`t, 2014 Vie; , � �I� Dear Arden Avenue Neighbors, Op' r~. Our company, Great Neighborhood Homes, will be renovating the home at 4505 Arden Avenue for. Tim and Michele Pronley, current residents on the block. We are planning to remove the outdated addition on the rear. of the home, renovate the existing home, and build a new detached garage. We will be doing some work to prepare the site for the demolition portion shortly. We feel it is a privilege to renovate and bring new; life to this home on Arden Avenue. It is our goal to enhance Arden Avenue by leaving behind a well designed, quality home that fits the chafacter and scale of homes on the block. Attached are the elevations of the proposed renovation. We completed a similar project at 4620 Moorland Avenue if you would like to see an example of one of our finished projects. 1 would like to share the complete .plans and survey to the neighborhood and answer any questions you may have. 1 plan on being available on Wednesday, September 101h at 4505 Arden from 5:00 to 6:00 pm. I will have the full set of plans and survey to .show at this meeting. If this time does not work for you please contact me directly at 952 -807 -8765 or at scott.busyn(la contcast.net and we can schedule a time to meet individually. The project will commence within a few weeks and be completed by next spring. We will utilize signage to prevent parking issues. However, the initial stages of construction do require larger vehicles (cement trucks, backhoe trailers, etc.) for demolition and foundation work, and we appreciate your patience during these stages. During construction, we demand adherence to the City's Construction Management Plan as well as our company- specific rules by our subcontractors and suppliers: 1. Respect the neighborhood. Treat it like your:.own. 2. Stay offthe neighbor's property. 3. Follow our parking rules, do not block the street, and do not turn around in neighbor's driveways. 4. Manage water drainage through all steps of project. 5. Clean the job site daily. 6. No loud music. 7. Watch out.for kids at play. 8. Be safe and keep the job site safe for the neighborhood. We appreciate the opportunity to breathe new life into this old home on Arden Avenue. Please feel free to call anytime with questions or concerns at 952 -807 -8765 or email me at scott.b`- nttQcomcastnet. Sincerely, Scott Busyn . President GREAT NEIGHBORHOOD HOMES SCOTT RUSYN 3939 XVes[ SOth Street, Suite 103A Edina, MN S5424 MARGARET BUSYN (952) 80.7 -8765 mrpu .Sreattrcighhor4,00dliomrs.cow (952) 807 -8766 sC0tt.t3u6Yn @C0MCaSr.nCt A1N Lit' ENSF.#11CS21688 MBusyp@eomcast.ner Joyce Repya From: Cindy Larson Sent: Thursday, October 30, 2014 3:58 PM To: Unam'Stake' Cc: Joyce Repya Subject: RE: Arden tear down Hi Mimi, Thank you for sharing your concern with us. The building plans approved by the Heritage Preservation Board (HPB)for4505 Arden Avenue have not changed. As the project commenced, problems with the existing foundation became apparent warranting an evaluation by a structural engineer and the city's chief building official — both agreed that the foundation needed to be replaced. This change in building process was not taken back to the HPB because the building plans have not changed, and life- safety issues are not subject to HPB approval. The City required this project.comply with the requirements for a "demolition" via the Construction Management Plan because the home's old addition that was approved to be removed comprised more than 50% of the building area of the home. The building plans for the new home have not changed since the initial neighborhood meeting notification that was distributed to properties within 300' of the subject property. I hope this answers your questions. Sincerely, Cindy Larson, Residential Redevelopment Coordinator 952 -833 -9521 1 Fax 952 - 826 -0389 - 4801 W. 50th St.1 Edina, MN 55424 CLarson(a.EdinaMN.00v 1 www.EdinaMN.00v /Plannlna . �. ...For Living, Learning, Raising Families & Doing Business From: Miriam Stake [mailto:stakefamCo�gmall.coml Sent: Thursday, October 30, 2014 10:27 AM To: Cindy Larson Cc: Joyce Repya Subject: Arden tear down Dear Cindy, I am outraged that the builder on Arden was able to tear down a home that was specifically supposed to be a renovation without any discussion with neighbors and concerned citizens. As I understand it the foundation was not solid enough to do the work that they hoped. As I speak to other builder friends this is not standard procedure. This could have been determined earlier. The design needed to be redone to allow for the limitations to the foundation. How did this happen without contacting any neighbors? or put in front of the Preservation Cmte? What do we need to do to communicate better and prevent this sneaky approach to building in this area? Mimi Stake 1 To: MAYOR &COUNCIL From: Debra Mangen City Clerk Date: November 18, 2014 Subject: Correspondence Action Requested: No action is necessary. A. N � y •'�C�RPOPk'�F'O • . was ' Agenda Item #: VIII. A. Action Discussion ❑ Information ❑ Attachment: Attached is correspondence received since the last packet was delivered to Council Members. City of Edina 4801 W. 50th St. Edina, MN 55424 Irt, CL 14 O r'' Mr. Nolan, This note is in response to the sidewalk plan which I happened to hear about from a neighbor, to include my street, W. 60th St west of Hwy 100. 1 watched the Nov 3 airing of this issue in full on TV and thus will not belabor the residents lack of notification nor how this massive change came about, but at a time when. people are sometimes distrustful of government personnel we should see a better and more open,process. 'I am 67 years old, moved to-Edina with my family in 1960, graduated from Edina- Morningside High Scool in 1965 and bought my home in -Nov. 1971. 1 have always taken great pride in my home and community. In recent years the changes in Edina have been profound, some good, some not so good, and some disturbing in my opinion. Apparently your Vision of Edina includes the "living streets" idea. Let me say that the heaviest pedestrian traffic occurs on my street after football games and when the cross country team travels through the neighborhood. Do you really think either of those groups would confine themselves to a sidewalk? Doubtful. It was mentioned that sidewalks would encourage students to walk to school. Apparently we will be phasing out school bus service as part of the overall plan to discourage automobile use in this city. Your plan would add a great financial burden to those of us who can no longer shovel snow(forget trying to find a teen ager to do the job). It means a snow plow,service and few if any of them would want sidewalk without driveway business. No matter how you spin that issue, that is reality, this is Minnesota. I suggest that a "sidewalk referendum vote" be taken by a simple yes or no ballot along with a brief(and honest) explaination of the issue in a mailing to the addresses of.those homeowners affected by this plan. Let the majority rule in a transparent way. Sincerely, Tom Marsh, 5109 W. 60th St, Edina 55436 Phone 952 - 927 -9108 -0 , 1 __ Minneapolis City of Lakes Finance. Department 350 South 5th Street — loom 325M Minneapolis MN 5541 5 -1 31 5 Office 61267.3-2079 Fax 612 673 -2042 TTY 612 673 -2157 Cau —� City Information and Services www.ci.minneapolis.mmus Affirmative Action Employer November 7, 2014 Mayor James, Hovland Mayor Jeff Jacobs City of Edina City of St. Louis'Park 4801 West 50" St. 5005 Minnetonka Blvd. Edina, MN St. Louis Park, MN 55416 Re: Proposed Sale of Minneapolis -Owned Land at 40th and France Dear Mayor Hovland and Mayor Jacobs, Thank you for your October 17 letter requesting additional, time to consider the purchase of the,City of Minneapolis owned land in the vicinity. of 40th St W and France Ave S. We understand the complexity of this situation and therefore agree that the deadline can be extended to December 31, 2014. To clarify, by that date we expect a written offer if you are interested in buying the land: Without such an offer,, we will proceed to market the property to other interested parties. We also want to reiterate that any offers should reflect the fair market value of the land. We look forward to working with you to obtain a mutually satisfactory outcome. Sincerely, *tsyges, yor Barb Johnson, uncil President cc: Kevin Reich, Chair of Public Works and Transportation Committee Linea Palmisano, Vice Chair or Public Works and Transportation Committee Kevin Carpenter, Chief Financial Officer Steve Kotke, City Engineer 1 0 r �- - yx, 10 Heather Branigin From: Randy Meyer <ranmeyer @outlook.com> Sent: Sunday, November 16, 2014 2:28 PM To: Josh Sprague; Joni Bennett; Mary Brindle (Comcast); James Hovland; ann Swenson swenson Cc: Edina Mail; Mark K. Nolan Subject: Sidewalk map Dear Mayor and Council members: I attended the public hearing on November 3 regarding the proposed sidewalk plan and heard some concerns about the "local connector" street classification. Some local streets carry more than 1,000 vehicles per day. These, and other local streets that provide higher - traveled access to and through neighborhoods, have been identified as "local connectors" in the draft Living Streets plan. Being identified as a local connector does not change how a street functions; it describes how it functions currently. Being identified as a local connector also does not change the street's functional classification. Local connectors are local streets. Some municipalities have divided collectors into major and minor to better differentiate streets within that category. In a similar way, the approved Living Streets policy identifies local connectors as a street category to better differentiate local streets. This is permitted and does not require Met Council approval. On the basis of volume alone, sidewalks would be recommended on these streets, regardless of what they are called. The approved Living Streets policy says that the city will develop and adopt guidelines for sidewalks and that these guidelines "will provide well- designed pedestrian accommodation" on: • Arterials; • Collectors; • Local connectors; and • Where the street abuts a public school, public building, community play field or neighborhood park, with the termini to be determined by context. The draft Living Streets plan defines criteria for evaluating context. These criteria, applied in any combination, identify when a sidewalk should be,added to a local street. The criteria are: • A sidewalks is recommended by the Edina Active Routes To School plan; • Average daily traffic is greater than 500 vehicles per day; • The 85th% speed is greater than 30 mph; • There is a history of crashes involving pedestrians walking along the roadway; • Transit stop(s) are present; • A sidewalk would create a logical connection between destinations; • Site lines, roadway geometry, or insufficient lighting make it difficult for motorists to see pedestrians walking along the roadway; and/or • The street width is less than 27 feet. These criteria align with the Living Streets policy. `ll sidewalks, proposed for'arterials and collectors are on streets that carry more than 1,000 vehicles per day. Of :e 49 sidewalks proposed on local streets, at least 29 are on streets with 1,000 or more vehicles per day.* 1,000 vehicles per day is considered a high threshold for requiring a sidewalk. Of those local streets with less than 1,000 vehicles per day, 4 are adjacent to parks and 3 connect to parks. Two connect to schools and 2 are recommended on the Active Routes To School plan. Of those local streets that don't have traffic volumes listed, 4 serve business districts, 2 connect to parks, 1 is adjacent to a park, and 2 are recommended in the Active Routes To School plan. It is likely some of these streets carry more than 1,000 vehicles per day, but that data wasn't available. The result of this careful construction and application of guidelines and criteria is a restrained sidewalk plan that provides for connectivity while enhancing pedestrian mobility and safety in all quadrants of the city. As concerns are expressed about the map, please take a longterm view. The issues that are concerns today may not be concerns in 5, 10, or 20 years when the sidewalk is scheduled, for construction. City policy related to sidewalk implementation and maintenance is evolving and should, in the near future, preemptively address many :concerns. Please let me know if you have any questions. If convenient for you please acknowledge receipt of this email. Thank you for your time and service to our community. sincerely, Jennifer Janovy *based on sidewalk data matrix in November 20 ETC packet 2 Heather Branigin From: J. Gerry Briggs <gbriggs63 @aol.com> Sent: Monday, November 17, 2014 4:26 PM To: Edina Mail Subject: Columbus Day To The City Council members - This is in response to the suggestion that Columbus Day be changed to Indigenous Peoples Day. Some Council members stated that a "a sea change is happening ". I'll say 1 Political Correctness is on the loose and is trampling common sense. Columbus Day celebrates European arrival in the Western Hemisphere and were that not so you and I would still be in Europe -I'd rather be here so I'm glad Columbus arrived. To request open input on an issue like this-is to invite those who like to "stir the pot" to speak while the silent majority will wonder why the Council is spending time on the matter. If you want objective input conduct face to face interviews. Thanks for the opportunity to speak up. I am Gerry Briggs -7208 Fleetwood Drive Sent from my iPad. Heather Branigin. om: Myslivecek, Carol <Carol.Myslivecek @va.gov> Sent: Tuesday, November 18, 2014 9:37 AM To: Edina Mail Cc: benke @earthlink.net Subject: sidewalk meeting Dear Mayor Hovland.and.City Council Members, A meeting for the northwest quadrant of Edina residents was well attended last night at the Edina Senior Center. Many residents expressed opinions, questions, and ideas regarding the proposed sidewalks. The vast majority of the attendees were AGAINST the proposed sidewalks in-.the city plan. Most disappointing was the absence of any Edina City Council member. Mayor. Hovland arrived at 7:30 after most of the'discussion was over. It was my understanding from the previous city council meeting that the purpose of these quadrant meetings was to obtain feedback from the residents. You have missed this valuable opportunity. Mr. Nolan, who is obviously invested in the sidewalk plan, could not possibly give you unbiased feedback from this meeting. Some attendees filled in written comment sheets, but this will not recreate the valuable exchange of information that took place. Mr. Nolan was unable to answer some basic questions, such as: 1. Were there any surveys done of actual pedestrian traffic? 2. What are the requirements for clearing sidewalks of snow? Is there a minimum tolerance? Y2 inch? One inch? Two? 3. If the resident does not clear the sidewalk for a myriad of possible reasons, what is the cost to the resident if the city clears it? 4. Why does it seem that the City Council is determined to place sidewalks in neighborhoods where the residents clearly do not want them? 5. Why was a survey about Parks and Recreation morphed into the sidewalk plan? 6. Why weren't residents notified by mail of the plan for sidewalks that directly affect them? Many more points were made. Your absence was noticed. Sincerely, Carol Myslivecek 5225 Maddox Lane Edina Heather Branigin From: Marge Fischer <Marge.Fischer @heart.org> Sent: Tuesday, November 18, 2014 11:11 AM To: Edina Mail Subject: December 9, 2014 City Council Meeting Dear Council Members, I will be out of town and unable to attend the City Council meeting on December 9. 1 understand the Countryside Construction project will be discussed. New streets will be wonderful, but we do not need /want sidewalks. We have landscaping and underground sprinkler system which will be affected by a sidewalk on Sun Road. If you are voting on sidewalks, please vote NO.. Thank you. Marge Marge Fischer Administrative Associate, Communications Midwest Affiliate 4701 W 77th Street I Minneapolis, MN 55435 Marge.fischer0hearLong I www.heart.ora P 952.278.7909 www.heart.org/lifeiswh my family is Why American American (Heart I Stroke Association Association life is why- 1 To: MAYOR & COUNCIL 01 •,vvo• roRpORA� �BBP Agenda Item #: VIII. B. From: Debra Mangen Action City Clerk Discussion ❑ Date: November 18, 2014 Information ❑ Subject: Receive Petition Regarding Sidewalk Installation Between 5200 and 5336 Halifax Avenue Action Requested: Motion receiving the petition requesting sidewalk between 5200 and 5336 Halifax Avenue and referring it to Engineering for processing. Information / Background: On Tuesday, Stephanie Vitt submitted a petition requesting installation of sidewalk on the West side of Halifax Avenue from 5200 50 5336. The normal process is to formally receive the petition and refer it to Engineering for processing. Attachment: Petition City of Edina • 4801 W. 50th St. • Edina, MN 55424 O To: City of Edina Councilmembers: Mayor Hovland, Councilmember Sprague, Councilmember Bennett, Councilmember Stewart, Councilmember Brindle, Councilmember Staunton and Coun ' e er Swenson From: Stephanie Vitt, 5216 Halifax Aven e CC: Deb Mangen, City Clerk and Patric se, Assistant City Engineer Date: 11/11/2014 Re: Sidewalk Petition for Halifax Avenue Dear Councilmembers: I am submitting the attached petition for a sidewalk for the West side of Halifax Avenue from 5200 to 5336. Of the 21 property owners on this section of the street, I have 10 signatures in support of the petition. I respectfully request your serious consideration and approval of this petition based on the following information: 1. Our street will be part of the Arden Park D Neighborhood Reconstruction project in 2015. As part of this project, sidewalks will be installed on West 541h (between Halifax and Minnehaha Blvd) and West 52nd (between Halifax and Minnehaha). It makes sense to connect these two sidewalks with a new sidewalk on the west side of Halifax in order to have natural pedestrian access and crosswalks at 52 "d and 54th. Further, from an aesthetic standpoint, it will look "unfinished" to have some streets with sidewalks and others with no sidewalk. 2. Given our proximity to the 50th and France business district, the sidewalk serves an important purpose of safely connecting the neighborhood to the commercial business district. Halifax Avenue is a major "through" street for cars and pedestrians to access the 50th and France area, so the sidewalk would not only ease access, it would provide SAFE access. 3. .During my polling of the neighbors, the primary objection was the risk of losing mature trees. The current feasibility study has the curbs on the west side of Halifax being extended, which would accommodate a- sidewalk and boulevard nicely. Per my discussion, with Patrick Wrase, city engineer, the boulevards could be " reduced" to accommodate a couple large mature trees without problem. In fact, the city has done an exceptional job (on Halifax as an.example) of protecting trees when sidewalks were installed. The east side of Halifax (between 51St and 52 "0 street) is an excellent example -here the sidewalk "winds around" the mature trees on the street without problem. 4. Residents would not have to bear an assessment for the sidewalk, as sidewalks are now,paid from a designated fund —the Pedestrian and Cyclist Safety Fund. I am looking forward to your thoughts and comments on my petition. I have wanted a sidewalk on the West side of Halifax since I moved to the neighborhood in 2009. Given the construction planned for 2015, this is the perfect time to improve pedestrian access and make what is a great neighborhood even better. Thank you for your time and consideration. City of Edina, Minnesota CITY COUNCIL 4801 West 50th Street • Edina, Minnesota 55424 •:� (952) 927 -8861 • (952) 927 77645 FAX • (612) 927 -5461 TDD PETITION TO THE CITY COUNCIL SIDE WALK ❑ ,STORM SEWER ❑ CURB AND GUTTER ONLY To the Mayor and City Council: ❑ ALLEY PAVING ❑. SANITARY SEWER ❑ PERMANENT STREET SURFACING WITH CURB AND GUTTER DATE RECEIVED: ❑ WATER MAIN STREET LIGHTING ❑ OTHER: The persons who have signed this petition ask the City Council to consider the improvements listed above to the locations listed below. Pal, 1 C'. i� Aven u e., between S 2 0 and �P LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS between and LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS between LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS between LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS ADDRESS ADDRESS IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED. THIS PETITION UNDERSTAND, THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. PROPERTY O R'S OWNER'S NAME SIgNAT RE ; {{ (PRIN ED) I M Th petition was circulated by: PROPERTY ADDRESS (PRINTED) ,j. 2.7A- S�2_,, �V'�tic NAME ADDRESS There is space for more signatures on the back. PHONE APRIL 2008 PROPERTY OWNER'S OWNER'S NAME PROPERTY ADDRESS SIGNATU (PRINTED) (PRINTED) V). This etitio as circulated b . a 5z�6 tqgg NAME ADDRESS V PHONE The Minnesota Data Practices Act requires that we inform you of your rights about the private data ive are requesting on this form. Under the Imp, your telephone number is private data. This petition when submitted ivill become public information. There is no consequence for refusing to supply this information. You may attach extra pages with signatures. APRIL 2008 To: MAYOR & COUNCIL o e 4 �� 0 • ��roRPOM��� • X866 Agenda Item #: VIII. C. From: Debra Mangen Action M City Clerk Discussion ❑ Date: November 18, 2014 Information ❑ Subject: Receive Petition Regarding Street Reconstruction Indianola and Juanita Avenues and West 51 st Street Action Requested: Motion receiving the petition regarding street reconstruction Indianola and Juanita Avenues and West 5 I st Street and referring it to Engineering for processing. Information / Background: On Wednesday Troy Paulson submitted a petition concerning the proposed street reconstruction of Indianola and Juanita Avenues and West 51st Street, The normal process is to formally receive the petition and refer it to Engineering for processing. Attachment: Petition City of Edina • 4801 W. 50th St. • Edina, MN 55424 �o. .,,,� City of Edina, Minnesota DATE RECEIVED: e 1• CITY COUNCIL )� 4801 West 50th Street • Edina, Minnesota 55424 (952) 927 -8861 • (952) 927 -7645 FAX • (612) 927 -5461 TDD PETITION TO THE CITY COUNCIL ❑ SIDEWALK ❑ ALLEY PAVING ❑ WATER MAIN ❑ STORM SEWER ❑ SANITARY SEWER ,❑_STREET LIGHTING ❑ CURB AND GUTTER ONLY ❑ PERMANENT STREET OTHER: street reconstruction to SURFACING WITH their current widths of CURB AND GUTTER approximately 30 feet To the Mayor and City Council: The persons who have signed this petition ask the City Council to consider the improvements listed above to the locations listed below. Indianola Avenue between W 50'h Street and W 52nd Street LOCATION OF IMPROVEME \T BY STREET NAME Juanita Avenue between Indianola Avenue and W 52 "d Street LOCATION OF IMPROVEMENT BY STREET NAME W 515' Street between Arden Avenue and Halifax Avenue LOCATION OF IMPROVEMENT BY STREET NAME • By all accounts, the existing 30 foot streets have served the residents and balanced the needs of motorists, bicyclists, and pedestrians in ways that promote safety and convenience, enhance community identity, and provide meaningful opportunities for active living and better health since their original construction in 1941 and 1942. • We don't believe narrowing the streets and restricting parking to one side promotes safety or enhances community identity. • We are concerned that limiting parking to one side of the street will create an environment for faster speeds as motorists will only have to contend with parked cars on one side of the street instead of having to navigate through parked cars on both sides of the street. • We hereby ask you to reject any recommendation to narrow these streets and/or restrict parking and respectfully ask you to vote to reconstruct these streets to their current widths of approximately 30 feet. IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN REASONABLE AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. ��;! This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. 4 This petition, when submitted, will become public information. Page I of S Signature Name (Printed) Address (Printed) 1 T a l� 5'116 TK.�.., 4k home, Z/ , ' ' / '00000l ��;! This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. 4 This petition, when submitted, will become public information. Page I of S � ON i * Petition to the Edina City Council * We hereby ask you to reject any recommendation to narrow the streets listed below and /or restrict parking and respectfully ask you to vote to reconstruct these streets to p their current widths of approximately 30 feet. * Indianola Avenue between W 50`b Street and W 52nd Street ` "* * Juanita Avenue between Indianola Avenue and W 52 °d Street * W 51" Street between Arden Avenue and Halifax Avenue IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN REASONABLE AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page Z of 5 Signature Name (Printed) Address (Printed) 3 1 . / A0. 4 �' JZ I via a,, Q 5 D u s a � ✓a-�/a 6 U /� l &T77/W,07 A S � i4Nr914 ice/ 8 +' JN1 S 2 i -S TA 9 10 y' reovP SL✓A44 / uaK`.4 Are. 11 V o� 'i �I 12 Q 37 l 13 //,I S h. S lo � e QhRY la C A f. 15 A ft %/du/IZ�NC'6 J09R214 r/ 7. /A/V A b g 16 47 , J2r1e-� In, V r'So Si3a 2,7 la Ave- 17 ~ ri �- a I ;z 1.va .+ , j : -`' 19 !�j f �' v`t. -'ji /�il.d�f'.t ,-�' y1 / ��� 4 r s ( /�� 1 A /. 20 A tai 11du a S 5) 1 V J"W/-Irl Ave �21 2�2 " "" 6e f Roil b(S-en SO,�S1n iagoJa A "' This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page Z of 5 Petition to the Edina City Council i'%e h * We hereby ask you to reject any recommendation to narrow the streets listed below o e 3 ' and /or restrict parking and respectfully ask you to vote to reconstruct these streets to p Aheir current widths of approximately 30 feet. %� * Indianola Avenue between W 501h Street and W 52 "d Street �`''•�-•�`4• * Juanita Avenue between Indianola Avenue and W 52 °d Street * W 51" Street between Arden Avenue and Halifax Avenue IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN REASONABLE AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page 3 of S Signature Name Address (Printed) 23 �(Printedd)(� re G1 J �'1 t 'Cz ►�'�' ^ u 1.1 �,�,�" tt►I Z 24 v\ k. 10 Li 25 J ^f i fFR4 �uSc 1 i-- �j�l o i N1.j iAJ J 0L4— AV £, 26 �s V \1 i L, e, $ j U 27 �% AlUe 28 2? A NAe- !9'10 1 ';::S uu-, 0 ETA it E- 30 31 y- / y [mot / SC I�-� / -S l U ►' 6� /`� IJ 32 r ti(S(i+'1Ci it So3 v4 33 ��C1 4`� ►ti�h+.i 50- 3 JGAumk S 34 0 ►11J�iLv'l►�t�� �O►} ���(� S1\tp��°n�rF* -�ty� ° "L 35 Ak .1 V XMIM1141M Sit 1 !n 36 G1�c / --�- /- ICS• ✓U(`lu�� (a41� l�v� 37 seke rg � � �� j vq n l'�( V 38 64,q h t ,.rnt 5101 AA Ave. 39 S S� I 40 Y 41 21c� .156' 40 a S 5021 42 /N t, A1�1 aG1 o Z ' H 1/e. This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page 3 of S * Petition to the Edina City Council * We hereby ask you to reject any recommendation to narrow the streets listed below t and /or restrict parking and respectfully ask you to vote to reconstruct these streets to r p their current widths of approximately 30 feet. Indianola Avenue between W 501" Street and W 52 °d Street Juanita Avenue between Indianola Avenue and W 52nd Street � * W 51" Street between Arden Avenue and Halifax Avenue IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN REASONABLE AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. QM This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page =1 of S Signature Name (Printed) Address (Printed) 44 45 S� ca a n�� G 7�c• 46 48 i?,Lk 5 M. 0 oQA ' Auti 49 C AJ IP CEA S w uL A 50 q3 r� 51 52 53 54 , . j �11AQ11 l�Q ve 55 56 ' yv [J14,kM 57 N I 0, e+V -T 't tz o C• ✓ e 58 -� M4t kl �.-�� 5���� TV��:I� 59 %onot'.J, 50 I? y+�- �•on�o _A4 60 61 61' 5 foq Ividie"r7014 Ave, QM This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. This petition, when submitted, will become public information. Page =1 of S Petition to the Edina City Council We hereby ask you to reject any recommendation to narrow the streets listed below and /or restrict parking and respectfully ask you to vote to reconstruct these streets to p their current widths of approximately 30 feet. Indianola Avenue between W 50'h Street and W 52 "d Street Juanita Avenue between Indianola Avenue and W 52 Street W 5i" Street between Arden Avenue and Halifax Avenue IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE IMPROVEMENTS AGAINST THE PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN REASONABLE AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. Tliis petition, when submitted, will become public information. Page 57 of S if Xfy„„lf Q921 1 S�Zi2/ Signature Name (Printed) Address (Printed) 63 7 oC1 r /Dy 44' �0t � 5021 - Joal, 4.�ro�4/ar, /A ✓P 6d:n• 1 65 H l — 66 e.ii/�! 1 ! /QG'�ct otYl+`fci 67 ! ` N Y �1C 6� Sb�l(% SHCC k a /4v Q 68 AR 69 70 71 72 73 74 75 76 77 78 79 80 81 82 This petition was circulated by Troy Paulson; 5116 Juanita Avenue, Edina, MN 55424; 612 - 770 -4022. Tliis petition, when submitted, will become public information. Page 57 of S if Xfy„„lf Q921 1 S�Zi2/ Minutes EDINA COMMUNITY HEALTH COMMISSION CITY OF EDINA, MINNESOTA MAYOR'S CONFERENCE ROOM, EDINA CITY HALL Tuesday, September 2nd, 2014 6:30 P.M. I. CALL TO ORDER — 6:37 pm II. ROLL CALL Present:, Commission Members Alison Pence, Joel Stegner, Cathy Cozad, Aditya Mittal, Kristen Connor, Ginny Ogle, Nadia Martyn. Staff: Patrick Stark, Jeff Brown Absent: Melinda Bothun - Hurley, Magen Puerzer, Mike Sackett, Matt Doscotch III. APPROVAL OF MEETING AGENDA A. Motion to approve: ( Martyn, Stegner: Passed) IV. ADOPTION OF CONSENT AGENDA A. Approval of August Minutes Motion to approve: (Ogle,Stegner: Passed) V. COMMUNITY COMMENT' During "Community Comment," the Community Health Committee will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere 'on tonight's agenda may not be addressed during Community. Comment. Individuals should not expect the Chair or Committee Members to respond to their comments tonight. Instead, the Committee might•ref& the matter to staff for consideration at a future meeting. Community Member Diane Davies asked about'Health Coaching' initiatives in the community, how to help- individuals cope with complicated health care issues, dealing with many doctors, staying organized, and empowering consumers to manage health care information. VI. REPORTS /RECOMMENDATIONS A. Edina Vision Planning Priorities: Group discussion of possible topics to include in visioning process. - Discussion of 'Quality of Life' as a big picture concept, including many facets (Transportation, Fitness, Social Well- being, Mental Health, etc.) - Mental Health and Isolation. -Youth consumption of drugs and alcohol. - Generally healthy lifestyles, partnerships'between different city - departments /areas. - Promoting wellness as a culture. . - Generational concerns /changes in,next 20 yrs? - Flexible planning codes "Granny Flats.!' - Physical Activity for youth. - Participation in sports for youth who do not make competitive teams. -Diet and exercise in youth. - Discussion of activity.space throughout the city, especially. in the winter months, how to encourage activity. "Prescription for veggies" example. "Prescription for exercise" - Citywide celebration — "Health Expo Days "? Discussion around highlighting medical community a,nd.healthy living through an annual festival. Commission members will continue to participate in City Vision process. B. Blog post assignments - Review of possible blog topics. -1St topic, introduction..to CHC and e- cigarettes posted on 9/2/14 - Discussion of next topics planned, volunteers to submit.posts to Staff Liaison Brown for submission to Communications Department. C. Grandview Redevelopment /Health -in -all- Policies Discussion - Discussion of current status, how CHC can be involved in process. How the developer will involve public. Discussion of other projects done by development, partners at council work session on 9/2/14. - Advisory Communication to be submitted to council on 9/16/14. D.` 2014 CHC Work Plan Progress /2015 CHC Work Plan Topics - Discussion of asking for funding from Crime Prevention fund for support for Drug. Task Force position replacement for Kathy Iverson's position. Is there support for having a full -time position for youth chemical health awareness /activities? - Discussed work plan topics for 2015. Chair and Staff Liaison will refine and submit document. All Board and Commission work plans will be presented to City Council at Council work session on October 7 th E. Work Group Updates I. Youth - Member Puerzer submitted comments via email: She has contacted the advisor for Sober Squad, and sober squad members are interested in meeting with CHC members, either at a full meeting or with Youth workgroup. - Chemical Health Partners meetings are resuming in September. ii. General /Senior No meeting,this month. iii. Communications Worked on Advisory Communication regarding Grandview. Work on,posti,ng.relevant documents to website for review by membership and public. (Work Plan, Survey Data, Annual Report from BPH, etc.) VII: CORRESPONDENCE A. Human Services Task Force Handout and discussion. Volunteer from CHC to be on task force to dispense funds. Staff will check with MJ on requirements for participants, can recently retired members of CHC participate? VIII. CHAIR AND COMMISSION MEMBER COMMENTS IX. STAFF,COMMENTS X. ADJOURNMENT (Martyn, Stegner) The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. MINUTES EDINA COMMUNITY HEALTH COMMISSION CITY OF EDINA, MINNESOTA EDINA SENIOR CENTER TUESDAY, OCTOBER 7, 2.014 6:30 P.M. I. CALL TO ORDER The meeting was called to order at 7:12 p.m. II. ROLL CALL Present: Melinda Bothun- Hurley, Ginny Ogle, Alison Pence, Kristen Conner, Magen Puerzer, Mike Sackett, Staff Liaison Jeff Brown Absent: Cathy Cozad, Matt Doscotch, Nadia Martyn, Aditya Mittal, Joel Stegner III. APPROVAL OF MEETING AGENDA Member Bothun - Hurley approved the motion to approve the Agenda. Member Ogle seconded the motion. All voted aye. Motion carried. r IV. ADOPTION OF:CONSENTAGENDA A. Approval of September minutes. Member Bothun - Hurley motioned to approve the Agenda. Member Ogle .seconded the motion. All voted aye. Motion carried. V. COMMUNITY COMMENT None. VI. REPORTS/RECOMMENDATIONS A. Edina Vision Process Discussion Member Pence gave a summary of the training she attended. Members Stegner and Cozad also attended the meeting. She will email results from the meeting. Vision meetings are available to city resident groups of 10 or more. Staff Liaison Brown will ask surrounding cities if they have similar program. B. Grandview Development /Health -in -all- Policies Discussion There will be a public meeting on December 4 and meeting in March /April. Bill Neuendorf will attend the November meeting. C. 2015 Work Plan Submittal Review Member Bothun - Hurley said the presentation went well. The Council was very interested in the Commission's work with youth as it pertains to drug use and drinking. The school has indicated a willingness to discuss their internal survey results. The Commission will be included in that discussion. Council member Brindle inquired if there is any type of planning for infectious disease being done by the Commission. Discussion surrounded if this is the Commission's role or does it fall under the Bloomington Public Health role? The Council also acknowledged Vision work done by the Commission. D. Work Group Updates L Youth — Student Member Puerzer was able to put together a group of 10 Sober Squad students willing to meet with the Commission at the December CHC meeting. Student Member Puerzer may be able to check with students from Edina Committed to gauge interest from that group. ii. General /Senior— Member Bothun - Hurley discussed a pilot initiative (May 12, 2014 to August 12, 2014) with local fire departments in surrounding suburbs (Saint Louis Park, Southwest Minneapolis, Hopkins, Minnetonka, Richfield). Edina is not a participant at this time. Consenting discharged patients are partnered with a fireperson for follow up at home. There about 60 discharges a day to participating communities. At this time, there is no reimbursement but initial pilot resulted in 100 referrals /80 visits, 17 smoke /carbon monoxide detectors installed and 21 referrals to nurses. Staff Liaison Brown will talk to Tom Schmitz to see what Edina's stance is. Member Pence mentioned the Alzheimer's Project is meeting next week. They will discuss the survey. She will bring results back to the Commission. iii. Communications. No subgroup members present. VII. CORRESPONDENCE None VIII. CHAIR AND COMMISSION MEMBER COMMENTS Member Pence mentioned that Hennepin County was not able to secure the recent grant (PICH). IX. STAFF COMMENTS Staff Liaison Brown is reviewing contracts with Bloomington Public Health. He is meeting with Scott Neal this week and will update him on Commission work. Blog —The City is looking for blog submissions. Topics should represent the group's opinion. Member should send it to the Chair and then it will be sent to the Staff Liaison. Topics were brainstormed at the last meeting and some topics were chosen by members to blog. Write your blog. X. ADJOURNMENT Member Bothun - Hurley motioned to adjourn. Member Ogle seconded the motion. All voted aye. The meeting was adjourned at 8:14 p.m. COMMUNITY Type " 1" under the month on the meetings' line. Type " 1" under the month for each attending member. Regular Meeting w/o Quorum HEALTH Type " 1" under the month for each attending member. COMMITTEE Type "I" under "Work Session" on the meetings' line. Type "I" under "Work Session" for each attending member. NAME TERM J F M A M J J A S O N D Work Session Work Session # of Mtgs. Attendance Y Meetings/Work Sessions :' 1 1 1 1 1 1 1 1 1 1 1 1 12 Belani, Kumar 2/1/2016 1 1 1 6/3/2014 (enter date) 3 25% Bothun - Hurley, Melinda 2/1/2017 1 1 1 1 1 1 1 1 1 9 75% Conner, Kristen 2/1/2015 1 1 1 1 1 1 1 1 1 1 1 11 92% Cozad, Cathy 1 1 1 3 25% Doscotch, Matt 2/1/2016 1 1 1 1 1 1 1 1 1 9 75% Marlyn, Nadia 2/1/2015 1 1 1 1 1 1 1 1 1 1 10 83% Ogle, Virginia 2/1/2017 1 1 1 1 1 1 1 1 8 67% Pence, Alison 2/1/2017 1 1 1 1 1 1 1 1 1 1 1 11 92% Sackett, Michael 2/1/2017 1 1 1 1 1 1 1 1 1 9 75% Stegner, Joel 2/1/20161 1 1 1 1 1 1 1 1 1 1 1 11 92% Deinema, Tone Student 1 1 1 1 1 1 6 50% Puerzer, Magen Student I I I I I I 1 1 1 Mittal, Aditya Student F1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8 1 67% Liaisons: Report attendance m onthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meetinq Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w /Quorum Type " 1" under the month on the meetings' line. Type " 1" under the month for each attending member. Regular Meeting w/o Quorum Type "'I" under the month on the meetings' line. Type " 1" under the month for each attending member. Joint Work Session Type "I" under "Work Session" on the meetings' line. Type "I" under "Work Session" for each attending member. Rescheduled Meeting' Type " ll" under the month on the meetings' line. Type "'I" under the month for each attending member. Cancelled Meeting Type " ll" under the month on the meetings' line. Type I" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. MINUTES Regular Meeting of the Edina Heritage Preservation Board Edina City Hall — Council Chambers Tuesday, October 14, 2014 7:00 p.m. I. CALL TO ORDER 7:00 P.M. I1. ROLL CALL Answering roll call was Chair Weber and Members, Moore, Sussman, McLellan, Mellom, Druckman and Otness. Absent were members Christiaansen and O'Brien. Staff present was Senior Planner, Joyce Repya. Preservation Consultant Robert Vogel was also in attendance. 111. APPROVAL OF MEETING AGENDA Member McLellan moved to approve the meeting agenda. Member Sussman seconded the motion. All voted aye. The motion carried. IV. APPROVAL OF THE MINUTES September 9, 2014 Member Moore moved approval of the minutes from the September 9, 2014 meeting. Member McLellan seconded the motion. All voted aye. The motion carried. V. COMMUNITY COMMENT — None VI. REPORTS & RECOMMENDATIONS A. Certificates of Appropriateness 1. H -14 -8 4625 Arden Avenue - New front entry canopy and new Detached garage Planner Repya explained that the subject property is located on the east side of the 4600 block of Arden Avenue. The existing home, a Colonial Revival - Dutch Colonial style constructed in 1925, currently has a 2 -car detached garage located on the north side of property in the rear yard. The Certificate of Appropriateness request entails construction of a new front entry canopy, and replacing an existing 2- car detached garage with a new garage. The plans also include an addition to the rear of the home that does not extend beyond the front facade of the home. Ms. Repya pointed out that the plans for changes to the front of the home propose to add a flat entry portico with columns projecting approximately 4.5 feet from the front building wall over the existing stoop. A gambrel- roofed dormer centrally located on the second floor elevation is proposed above the portico. Consultant Vogel provided a written evaluation of the project where he observed that the proposed new front entry porch will not significantly alter the scale or detract from the historic character of the fgade; the columned portico design will help accentuate the front door, which will remain centered. Mr. Vogel added that the addition of a gambrel- roofed dormer above the Edina Heritage Preservation Board Minutes October 14, 2014 front entry is consistent with the Colonial Revival aesthetic. Mr. Vogel also observed that the replacement windows are appropriate for a historic home rehabilitation in the Country Club District; and the new work has been designed so that the remodeled house will be compatible in size, scale, color, and texture with other Colonial Revival style homes in the district. Regarding the plans for replacing the detached garage, Planner Repya explained that the new structure is proposed to be a 528 square foot 2 -car structure measuring 24' x 22' feet in area. The design of the structure is proposed to complement the Colonial Revival - Dutch Colonial style of the home with traditional gambrel roof design, stucco walls, and heavy cedar shake shingles with a traditional bell curved bottom at the eave. Trim board at eave height is provided on all elevations. On the west elevation attention to detail is provided with two custom entry doors. The garage plans also demonstrate a roof with a height of 18" at the highest peak (same height as the existing garage), and is consistent with the dimensions of new garages which have been approved through the Certificate of Appropriateness process. Furthermore, the proposed location of the will be further back (to the east) on the lot to allow for construction of the proposed rear addition to the home. Consultant Vogel observed that based on the plans presented, the design for the new garage appear to be compatible with the historic house in scale, size, and building materials and will not detract from the neighborhood's historic character. Planner Repya pointed out that plans for the addition to the rear of the home were provided for the Board's information. The new living space has been designed to provide a compatible use of the home while at the same time maintain the home's overall historic character. Concluding Staffs evaluation of the proposed improvements to the home, Planner Repya observed that since the proposed facade alterations are consistent with the Secretary of the Interior's standards for the rehabilitation of historic buildings, and new detached garage has been designed to be compatible with the historic house in scale, size and building materials and will not detract from the neighborhood's historic character, approval of the COA is recommended subject to the plans presented and placement of a year built plaque on the exterior of the new detached garage. Findings supporting the approval recommendation include: • The plans provided with subject request clearly illustrate the scale and scope of the proposed projects. • The proposed detached garage will complement the architectural style of the home and not be detrimental to the adjacent historic structures. • The proposed new front entry porch will not significantly alter the scale or detract from the historic character of the fagade • The changes to the front entry canopy and Gambrel roofed dormer on the front fagade compliment the Dutch Colonial features of the home. • The new work has been designed so that the remodeled house will be compatible in Edina Heritage Preservation Board Minutes October 14, 2014 size, scale, color, and texture with other Colonial Revival style homes in the district. • The proposed facade alterations are consistent with the Secretary of the'Interior's standards1or the rehabilitation of historic buildings that lack individual architectural distinction. • The information provided supporting the subject Certificate of Appropriateness meets the requirements of the Zoning Ordinance and the Country Club District Plan of F� Treatment. Applicant Representative: Scot. Waggoner, w.b. builders - Available to respond to questions Public Comments: None Board "Discussion: Member Mellom commented that she thought the plans demonstrated a nice design; however she opposed the changes to the front facade because they would destroy the historic features of the home and were inconsistent with the direction provided in the district's plan of treatment and the Secretary of the Interior's Standards for Rehabilitation. Member Sussman observed that he believed the proposed design changes to the home and the new detached garage were compatible with the Dutch Colonial style of the home; adding that he viewed the changes to be an upgrade to the property. He added that the cross - gambrel style proposed on the front elevation was common for homes constructed during the district's period of significance. Member Moore agreed with Member Sussman's comments adding that he too believed the proposed changes were complete, enhance the property and comply with the district's plan of treatment. Chair Weber stated that he believed the plans complemented the Dutch Colonial style of the home. He also pointed out that the Secretary of the Interior's Standards recommend that changes, if removed in the future will not impair the form and integrity of the historic property; and he believed the proposed changes to this home follow that recommendation. Mr. Weber added that he believed the enlarged window openings on the front facade improve the home's proportions. Member Mellom observed that she believed it is not the task of the HPB to determine what changes to a property are compatible with the historic homes; rather the board's primary charge is to ensure that the historic street facades and. streetscapes are preserved. Chair Weber responded that his understanding of the district's plan of treatment is that residents are allowed to make changes to their homes with guidance. The plan of treatment was designed to meet the needs of the Country Club District, and was written to allow changes 3 Edina Heritage Preservation Board Minutes October 14, 2014 which may not follow the strictest preservation standards found in some other historic communities. He pointed out that the Secretary of the Interior's Standards, used as a basis for the plan of treatment's design review are intended to promote responsible preservation practices. He added that now that a majority of the homes are 80 years or older, it is understood they will need work, and the plan of treatment will be the guide. Planner Repya agreed with Chair Weber's comments, pointing out that the goal of the district's plan of treatment is not to prevent change, but rather to provide guidance for potential changes to ensure that the houses and streetscape maintain their historic integrity. She added that changes have been allowed to the street facing facades of the district's homes as long as the changes are vetted through the Certificate of Appropriateness process. Consultant Vogel pointed out that the preferred treatment for heritage preservation resources in the district is rehabilitation which is defined as "The act or process of making possible, a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values." Mr. Vogel pointed out that change is inherent with rehabilitation, and it is not the intention of the plan of treatment to freeze dry the architecture of the district. He added that the HPB has followed the directive of the City Council who enacted the preservation ordinance which gives owners as much latitude as possible in adjusting the character of their homes as long as the integrity of the district as a whole is preserved. Addressing the subject project, Mr. Vogel observed that the composition of this Dutch Colonial home is unusual in the Country Club District and the proposed introduction of the gambrel- roofed dormer on the front facade actually helps accentuate the front entrance which is a main feature in Colonial Revival architecture: He concluded that the proposed changes to the front facade of the home are legitimate:. design decisions to make in the 21 S` Century with a challenging architectural style - they've done a good job. Motion: Member Moore moved approval of the Certificate of Appropriateness request subject to the plans presented and a year built plaque be installed on the exterior of the garage. Member McLellan seconded the motion. Members Sussman, Weber, McLellan, and Moore voted aye. Member Mellom voted nay. The motion carried. 2. H -14 -7 4511 BrowndaleAvenue - Change to street,facing fa4ade Planner Repya explained that the subject property is located on the east side; of the 4500 block of Browndale Avenue. The existing home constructed in 1924 has an attached 2 -car garage. She reminded the board that a COA application for a renovation project to the home was considered at the September 91h HPB meeting. Those plans included removing the existing roof, and adding a 3' story which as defined in the District's plan of treatment, would be considered a demolition_ of the original home since more than 50%. of the roof was to be been 4 Edina Heritage Preservation Board Minutes October 14, 2014 removed. Because the home was constructed during the District's period of significance the (I 9Z4 - 1944) demolition cannot be a consideration, thus the application for the COA was denied. Ms. Repya pointed out that the application currently under consideration includes new plans for changes to the street. facing fa4ade and an addition to the rear of the home. Details of the plans included the following elements: •. Reduction in the size of the front entry overhang from 5' x 13' to 2.5' x I I'; Replacing the windows in the same location, but increasing the window size in some Instances; and • Removing the shingled eyebrow extension over the first floor windows. and replacing it with a trim band. Ms. Repya added that plans for an .addition to the rear of the home were provided for. the Board's information. The new spaces include a rebuilt attached 3 -car garage on the south elevation utilizing the same driveway, and a family room addition on the first floor; with expanded bedroom spaces, on the second floor - changes which provide a compatible use of the home while at the same time maintain the its overall historic character. Preservation Consultant Robert Vogel evaluated the project and in a written evaluation commented that: When built in 1924, the subject home lacked architectural significance but shared a number, of design characteristics common to the majority of homes built in Country Club during the district's period of historical significance (1924 - 1944). Those characteristics include its compound ..rectangular ground plan, two -story wall height, symmetrical fagade, hip roof, and stucco wall cladding. As with the great majority of the houses.in the district, its original .decorative, detailing was little more than a skin -deep embellishment of a basic suburban house form. Although it exhibits some aspects of the Craftsman and Prairie styles, these are minor design elements" and should not be viewed as significant character defining features. Mr. Vogel pointed out that the home as it appears today, does not embody the distinctive design elements that would make it individually significant as an authentic specimen of Craftsman or Prairie style architecture (neither of which is considered a Period Revival style). Addressing the proposed alterations to the exterior appearance of the house by replacing the existing windows and entry on the front elevation, Mr. Vogel observed that the original roof shape and stucco wall cladding will be retained, and it appears that the applicant has made. a' reasonable .effort to preserve the historic character and details of the original building fagade, thus the proposed changes will not compromise the historic integrity of the Country Club historic district. Mr. Vogel also observed that as a result of the proposed changes to the home, its distinguishing 5 Edina Heritage Preservation Board Minutes October 14, 2014 historical qualities will not be destroyed and the property will be visually compatible with the size, scale, color, and materials of other historic homes in the district - thus approval of the Certificate of Appropriateness subject to the plans presented was recommended. Planner Repya stated that she agreed with Consultant Vogel' evaluation and approval recommendation, pointing out that the proposed plans were well thought out - reflecting meetings with the city staff and preservation consultant, research into the city's records on the Country Club District homes, as well as consideration of the comments expressed at the September HPB meeting. Ms. Repya added that new plans ensure that the character and historic integrity of the original home will not be compromised - the height, scale and mass of the original home remain untouched. Furthermore, the proposed plans entail changes to the front facade of the home that are not unlike changes which have been approved for other homes in the District through the COA process. Ms. Repya concluded that findings supporting the recommendation include: • The proposed plans meet the plan of treatment guidelines for new construction by being compatible in materials, size, scale, and texture with other historic homes in the district. The proposed changes are consistent with the character and historic integrity of the subject home as well as the adjacent historic structures. The plans provided with subject request clearly illustrate the scale and scope of the proposed projects. The information provided supporting the subject Certificate of Appropriateness meets the requirements of the Country Club District Plan of Treatment, and the Zoning Ordinance. Applicant Representatives: Available to respond to questions - Lon Oberpriller, Replacement Housing Services Consortium, LLC - Kevin & Laura Carlson, owners 4511 Arden Avenue Public Comments: • Dan Dulas 4609 Bruce Avenue Mr. Dulas explained that he believed it is important to maintain the streetscapes in the district and the proposed plans were not in keeping with the plan of treatment - pointing out that the changes to the windows and the reduction in the size of the front entry were not consistent with the Prairie architectural style of the home. Mr. Dulas then asked Consultant Vogel if changes approved through the COA process could have the consequence of removing a home's historic resource status. Consultant Vogel responded that the heritage resource status of homes receiving COA approvals will not be in lost. He pointed out that the district is one historic resource with 550 6 Edina Heritage Preservation Board Minutes October 14, 2014 components, and the plan of treatment recognizes that changes to the homes are inevitable. How to mitigate adverse effects of the change is of utmost importance and one of the responsibilities of the HPB when reviewing COA applications. He added that the HPB is advisory to the City Council, and it is the City Council who directed the preservation ordinance and the district's plan of treatment to allow for controlled changes in the district. If that direction were to change, thus preventing changes to the street facades of the homes, both documents would have to be rewritten and approved by the City Council. Board Discussion: Member Mellom stated that the HPB is responsible to preserve the original streetscape of the homes in the district which have changed very little from the 1920's and 1930's. Regarding the proposed changes to the front fagade of 4511 Browndale Avenue, Ms. Mellom opined that shed believed removal of the front porch, the picture windows and the eyebrow trim above the first floor windows will have a detrimental effect on the historic integrity of the home, as well as the streetscape. Furthermore, she believed that if approved the changes would put the home at risk to be torn down in the future, and she was not in favor of approving the COA request. Member Sussman explained that he believed the changes in the plans from the September submittal were favorable. They are no longer proposing to alter the roofline, and the character of the home retains aspects of the original home to include the form, mass and building materials. Also, extending the horizontal trim board the full width of the house enhances the horizontal treatment that currently exists. Mr. Sussman concluded that overall the plans are a step in the right direction in terms of updating the home, but not creating something different from what currently exists. Member Moore commented that he appreciated the applicants coming back with the revised plans; adding that the changes to the plan have embraced the essence of the historic home. Motion: Member Moore moved approval of the COA request for changes to the street facing facade of the home subject to the plans presented. Member McLellan seconded the motion. Members Sussman, Weber, McLellan and Moore voted aye. Member Mellom voted nay. The motion Carried. VII. OTHER BUSINESS A. City Council Work Session - September 16': Board Member Reflections Chair Weber observed that the board's annual work session with the Council included a review of the 2014 work plan initiatives as well as a preview of the work the board is proposing for 2015. Member Moore commented that he believed the meeting went very well. Former Chair Birdman led a good discussion, and the Council appeared pleased with the progress of the HPB. 7 Edina Heritage Preservation Board Minutes October 14, 2014 B. 2015 Work Plan Council Work Session: Chair Report Chair Weber explained that on September 16`h the City Council held a work session with all board and commission chairs to review each groups proposed 2015 Work Plans. He observed that it was interesting to hear the work planned for the coming year for the respective boards and commissions. The HPB's proposed 2015 work plan was well received by the Council; and they particularly liked the several designations for heritage landmark status scheduled for the coming year. C. Wooddale Bridge MnDOT Report: Consultant Vogel explained that the Wooddale Bridge report received from MnDOT consultants LHB, Mead & Hunt was commissioned by MnDOT as part of a management plan for all bridges that fall within their jurisdiction. The Wooddale Bridge was identified as a potential historic property, and the report provides not only a good physical description, but also lays out the equivalent of a plan of treatment for potential improvements which may be required in the future. Mr. Vogel pointed out that currently MnDOT is in the midst of a parallel project to list this bridge on the National Register of Historic Places with the National Park Service; and once that is completed, the HPB will move forward to designate the Wooddale Bridge an Edina Heritage Landmark property. Member Moore asked if when the HPB moves forward on the Edina Heritage Landmark designation of the bridge would we be able to elaborate on the report provided by MnDOT. Mr. Vogel explained that MnDOT's report would be incorporated with the nomination study, but it would also include information available from the city records and the Edina Historical Society. Member Moore also wondered if the bridge was constructed of the same stone as the St. Stephen's Church. Member Sussman stated that the materials were the same Platteville limestone. He added that the he was concerned about the deteriorated state of the bridge's limestone cited in the report, and wondered who would oversee any future restoration. Consultant Vogel pointed out that once designated an Edina Heritage Landmark, the bridge's plan of treatment and oversight of improvements will be the responsibility of the HPB. Chair Weber commented that when he attended the AASLH Preservation Conference last month, he sat in on a seminar about historic bridges that included some great examples of restoration work that maintained the historic character of the original structures. Edina Heritage Preservation Board Minutes October 14, 2014 A general discussion ensued regarding the Wooddale Bridge. All agreed that they looked forward to receiving the National Register application from MnDOT to start the designation process. No formal action was taken. D. Election of Officers: Fill Vice Chair Vacancy - Continued to November Meeting VIII. CORRESPONDENCE & PETITIONS - None IX. CHAIR AND BOARD MEMBER COMMENTS Member Moore shared the following: I. Community education class - "Southdale: A Building That Changed America ", Tuesday, October 21 n at the Edina Community Center. Cost $10. Mr. Moore explained that Marty Rud, Southdale's first public relations director will talk about the early days of the mall and events he orchestrated. It should be a fascinating event, and all are encouraged to attend. 2. Grange Hall - Mr. Moore reported that he noticed 2 holes in the siding on the exterior of the building which should be repaired prior to winter setting in. Planner Repya asked Mr. Moore to get back to her on the exact location of the holes, and she will report them to the city's facilities manager. Member Sussman shared the following: I . Country Club District Walking Tour - Mr. Sussman commented that he was pleased to receive information that a group of residents in the Country Club District are planning an architectural tour of their neighborhood for May 9, 2015. He added that he hoped the organizers will be collaborative with the HPB in planning the event. 2. Architect, Elizabeth Close (6909 Dakota Trail) - Mr. Sussman observed that the October 5' Home Section of the Star Tribune highlighted a new home in the Morningside neighborhood owned by Jane Hession and Bill Olexy who happen to be working on a documentary of the life of Architect, Elizabeth Close. Since the HPB is working with the owner of 6909 Dakota Trail (designed by Elizabeth Close) on a future landmark designation of the home, he suggested that the HPB invite Ms. Hession and Mr. Olexy to share their knowledge of Elizabeth Close. The board agreed that would be a good idea. 0 Edina Heritage Preservation Board Minutes October 14, 2014 X. STAFF COMMENTS XI. NEXT MEETING DATE XII. ADJOURNMENT November 10, 2014 (MONDAY) 8:05 p.m. Respectfully submitted, Joyce Repya 10 HERITAGE PRESERVATION Type "1" under the month for each attending member. BOARD Type "1" under the month on the meetings' line. . NAME TERM J F M A M J J A S O N D Work Session Work Session 1# of Mtgs.1 Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 1 1 11 100% Birdman, Michael 2/1/2016 1 1 1 1 1 1 6 55% Christiaansen, Jennifer 2/1/2015 1 1 1 1 1 1 1 1 8 73% Mellom, Joyce 2/1/2015 1 1 1 1 1 1 1 1 1 1 10 91% Moore, Bob 2/1/2015 1 1 1 1 1 1 1 1 1 1 1 11 100% Sussman, Peter 2/1/2015 1 1 1 1 1 1 1 1 1 1 10 91% McLellan, Bruce 2/1 /2017 1 1 1 1 1 1 1 1 7 78% McDermott, Connie 2/1/2016 1 1 9% O'Brien, Tim 2/1/2016 1 1 1 1 1 1 1 1 8 73% Weber, Ryan 2/1/2016 1 1 1 1 1 1 1 1 1 1 10 91% Brandt, Andrew student 1 1 2 18% Johnson, Nathan student 0 0% Druckman, Joe student 1 1 1 3 100% Otness,. Peter Istudent 1 1 1 3 100% Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w /Quorum Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Regular Meeting w/o Quorum Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Joint Work Session Type "1" under "Work Session" on the meetings' line. Type "1" under "Work Session" for each attending member. Rescheduled Meeting' Type "1" under the month on the meetings' line. Type "1" under the month for each attending member. Cancelled Meeting Type "1" under the month on the meetings' line. Type "1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. `A rescheduled meeting occurs when members are notified of a new meeting date /time at a prior meeting. If shorter notice is given, the previously - scheduled meeting is considered to have been cancelled and replaced with a special meeting. NOTES: MINUTES OF THE REGULAR: MEETING OF THE EDINA PARK BOARD. HELD AT PUBLIC WORKS FACILITY MULTIPURPOSE ROOM Monday, Oct. 6, 2014 7 p.m. . I. CALL TO ORDER Chair Gieseke called the meeting to order at 7:01 p.m. . 11. INTRODUCE STUDENT MEMBERS Chair Gieseke introduced Asef Chowdhury and Graham Colwell to the Park Board as the new student members. Mr. Chowdhury and Mr..Colwell explained their choice for being on the Park Board. 111. - ROLL CALL Answering roll call were Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Absent: Members Cella, Deeds, Downing. Student Members present: Chowdhury and Colwell. IV. APPROVAL OF MEETING AGENDA Member Steel made a motion, seconded by Member McCormick, approving the meeting agenda as amended to switch Item VII.F. (Grandview Update) with Item VILD (2015 Park Board Work Plan). Ayes:- Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. V. ADOPTION OF CONSENT AGENDA Member Segreto made a motion, seconded by Member Steel, approving the consent agenda as follows: V.A. Approval of Minutes —Work Session Tuesday, Aug. 11, 2014 at 5 p.m. Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried., V.B. Approval of Minutes — Work Session Tuesday, Aug. 11, 2014 at 6 p.m. Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. V.C. Approval of Minutes— Regular Meeting on Aug. 11, 2014 Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. VI. COMMUNITY COMMENT None VII. REPORTS /RECOMMENDATIONS VII.A. Arden Park Sidewalk Addition Ms. Kattreh informed the Park Board that the Arden Park D Neighborhood Roadway Improvement Project is planned for construction in 201 S. Engineering staff is developing the project's engineering study. The City Council will review the final engineering study and determine if the project will move forward at a special meeting on Dec. 9, 201,4. Ms. Kattreh indicated. Toby Muse, Project Manager from SEH was at the meeting to give a presentation to the Park Board. l Mr. Muse presented the Arden Park Sidewalk Addition plans to the Park Board. Chair Geiseke asked for a definition of a grass swale. Mr. Muse explained a grass swale is a strip of grass that filters water before it gets to a body of water, such as Minnehaha Creek. Member Jones asked how temporary, the storage area is. Mr. Muse stated the main part of the building will be used during the peak construction season for one year and will be restored to what it is today. Member Segreto stated Minnehaha Boulevard becomes a speedway at certain times of the day and she was not sure if they wanted to widen it. Mr. Muse stated the boulevard will actually be made skinnier in some areas, which will slow down the speed. Member Segreto wanted to know where a crossing will be to allow canoers to cross Minnehaha Boulevard. Mr. Muse showed on the drawing where there will be an alligator crossing. Member Jones wondered if the sidewalk will be constructed as a boulevard or street sidewalk. Mr. Muse indicated it will be a street sidewalk. Member Jones asked if all of the trees will need to be cut down to make a path. Mr. Muse showed on the plans where brush will be removed. -He noted they are going to try to avoid any tree removals. Member Steel asked if this will be maintained .like a sidewalk. Mr. Muse understood it would be maintained by the city. Member Steel stated the city is strapped to repair and maintain the current paths and she wondered how the city will continue to maintain sidewalks and paths.. Mr. Muse stated this was discussed at an open house and was indicated the city and residents would need to maintain the sidewalk. It is initially paid for by the PAX Funding to get put in and then up to the city to maintain. Member Segreto made a motion, seconded by Member McCormick, to approve the Arden Park D Neighborhood Roadway Improvement Project as proposed. Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. VI1.B. Fred Richards Vision Plan Ms. Kattreh informed the Park Board that on April 22, 2014 the City Council retained Schoenbauer Consulting; LLC to undertake a repurposing vision study for Fred Richards. The main goal of the first step is to establish the parameters for "highest and best public use" of the property, which will be used to guide development of a detailed master plan. If the Park Board recommends and the City Council approves the vision plan, the next step would be to engage a firm to complete a detailed master plan for the park. Mr. Schoenbauer made a presentation to the Park Board. Member McCormick asked where the public access, to the park will be located. Mr. Schoenbauer showed on the drawing the public access and noted they are trying to respond to the neighborhoods concern with parking and vehicles in the neighborhood yet still giving them access to the area. Ms. Kattreh noted the Park Board should get a good look at the 9 -Mile Creek Trail and the routing through it. Member McCormick asked if the total project costs included the buffering and ponding. Mr. Schoenbauer indicated the buffering would -be included but.there needs to be further discussion with the city regarding the ponding a4there would be additional costs. 2 Member McCormick wondered how the developer can start on the plans that include the ponding if ponding is not included in the cost. Mr. Schoenbauer stated if the city were to. jump into the detail Master Planning that could be one of the firiithings that is dealt,with. If the timeline "works with Three Rivers then it could be set for development next summer. . Member McCormick noticed there was a lot of interest in winter activities in the park -and she wondered what-the, recommendation would be. Mr. Schoenbauer stated the existing building can be used as a warming house with skating on the ponds, there could also be cross- country skiing and snowshoeing in the park. Member McCormick asked what some of the ideas were for the existing clubhouse. Mr. Schoenbauer indicated it could. be transitioned to a multi - functional space but they should look at this as a part of the entire area and include it.in the flow of the.park. He noted exterior treatments can be done on the clubhouse to transition it to a park use. A resident stated he has a concern about the noise -if the clubhouse was to transition into a rental area for activities and festivities. If used as a rental area the noise would be directed towards the . neighborhood and he suggested the Park Board think about this. Member Jones wondered if Mr. Schoenbauer could speak,of the development funding for the package. Mr. Schoenbauer explained the funding for the detail- planning step. Member Steel asked. if.there will be any lighting on the 9 -Mile Creek Trail. Mr. Schoenbauer stated this is not typically done because it will encourage use at night, which is not something they want to do. Member Steel, how the ponding area will be lit for skating in the winter.. Mr. Schoenbauer explained there are ways to light the-area without extending out into the neighborhood, which would lead 'to a more intimate skating,area.. Member McCormick asked in regard to the operating,costs, one of the issues they will face is their CIP and the city is looking at stabilizing that source of funding. She was a little hesitant bringing more things online when they do not have a structured funding source for this. Ms. Kattreh stated as they look at developing a funding mechanism for this they will also look at developing a maintenance mechanism and seek additional funding. Member Segreto stated her concern was with what they will be doing in the interim with the park until it is developed. Ms. Kattreh indicated they will be mowing and maintaining the area but irrigation will not be maintained once the irrigation is closed up. Student Member Colwell stated he was at a DECA meeting and wondered if a coffee shop was still being considered or has that idea been shut down. Mr. Schoenbauer indicated that is still being considered and he also thought there could be coffee carts or food trucks, with permits, sitting at the parameter of the park. He encouraged this to be reviewed. Student Member Colwell - stated this would be a great opportunity for DECA students. He reviewed with the board and community what DECA does. Member Jones asked for more information on parking, traffic and access. Her concern was with no direct street access to the park. She hoped the vision would solve the problem. Mr..Schoenbauer showed on the plan the access that will be opened up off of 77th Street. He noted they have not 3 decided where the access.will be yet but there will be an access. Member Jones indicated she would like to have signage directing where the access is located. Member Jones stated another concern is with the amount of parking onsite. Mr. Schoenbauer reviewed the parking area in the plans. Member Segreto stated the southeast part of the "residential area is mostly multi - family high - density area and picnicking creates a lot of garbage and maintenance`and thought putting picnic tables and grills as part of the visioning process is needed especially as an interim item. Mr. Schoenbauer.. agreed. A resident stated if a picnic area is set up in the interim then he thought Kellogg Avenue and other. streets will become the parking areas for the park. Another resident asked if there was a proposal to close off Kellogg Avenue. Mr. Schoenbauer thought, this would be part of the discussion the city will have with the neighborhood. Member Steel asked what the next step is going forward. Mr. Schoenbauer reviewed the steps going forward with'the city. A resident stated Three Rivers needs to put a trail through there and what.is the downside of not getting the budgeting in before the project is started. He thought the budget should be figured out, first before the steps are made to design the park. Ms. Kattreh stated the Three Rivers has it Jn their plans to do the trail next year and if the city is in the position to do an alignment they will but if the city is not ready then an alignment will not be done. They all need to feel comfortable with this. Member Steel indicated Three Rivers has their own funding so they can start working on the trail. Member, Segreto made a motion, seconded by Member Jones, to approve the Fred Richards Vision Master Plan as prepared by Schoenbauer Consulting qualified by giving attention to the parking needed and also consider picnicking as appended use within the park. Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. VII.C. 2015 Fees and Charges Ms. Faus informed the Park Board that staff requests a review and comment on the proposed 2015 Parks & Recreation Department and Enterprise, Facilities fees and charges. This includes Braemar Arena, Braemar Golf Course, Centennial Lakes Park, Edinborough Park and the Edina Aquatic Center. The Edina Art Center fees and charges are reviewed by the Arts & Culture Commission. Member McCormick wondered what renovations were being made on the Braemar Room at the golf course. Mr. Abood reviewed the renovations and noted they will also be increasing some of the rates. Member .McCormick felt renovations were needed. Member McCormick asked regarding the Edinborough Park Play Area was there consideration on reducing the rates. Ms. McGrath stated they increased the rate in 2013 to $7 and felt it was a fair rate for the type of play area they have. She thought people recognized that as well. Ms. Kattreh stated a lot of facilities charge everyone who enters the doors and they are only charging the kids, not adults. Member McCormick stated in the arena area, there has been a recent increase in membership fees and been a lot of changes in the past few years to the she wondered why. Ms. Miller stated there have programs and she thought they needed to promote it. 2 Member Greene asked in regard to the outside rink, he wondered if the rate can be a flat fee because he thought there will beta big demand., Ms.- Miller stated `they have it soldout Thursday through Sunday nights and Will hit the school "market pretty hard for the Spring Break crowd along with corporate, business so it is a success..'She reviewed the technology used for keeping ice on the rink outside during the spring. Member Jones indicated these items are'being approved without seeing the budget numbers and are on the recommendation of city staff. She wondered why the Park Board is not seeing the budgets. Ms. Kattreh stated they are creating two -year budgets and it was approved last year. She apologized for not including the budget in the staff report and would remember to include it in the future. Ms. Faus noted there is one typo' in the Braemar Fields Section, where it is listed at $31 it should state $3• Member Gieseke asked who is purchasing seasonal passes for the Flow, Rider. Ms. McGrath stated last year they sold 258 season passes and almost 2600 daily passes. She stated it is an awesome amenity but.not being used to its potential. Member McCormick stated under the Edina Senior Center there is a line for golf league membership for the Richards Golf Course and she wondered what will happen with that. Ms.,Faus stated they will . be transidoning to Braemar Golf Course and will make that change on the fees and charges. VILF: Grandview Update Ms. Kattreh informed the Park. Board that on Tuesday, September 16, 2014 the City Council met to discuss the proposals and presentations submitted by development teams interested in partnering with the city to redevelop the former Public Works site at 5146 Eden Ave. from the 10 responses received. The. City Council heard presentations from four selected finalists: Doran Companies, Frauenshuh Commercial Real Estate Group, Grecco, LLC and Kraus - Anderson Realty. At the conclusion of the City Council conversation, a majority agreed to name Frauenshuh Commercial Real Estate Group' as the preferred team. The City Council believes that Frauenshuh possess the expertise, creativity and tenacity to create .a successful public/private development that will serve as a catalyst for future redevelopment in the Grandview District. Member Jones, thought the Park Board needed to get involved in this park like they have with the re- purposing of Fred Richards Golf Course. She thought the same type of visioning needed to be done. She would recommend this be included in the upcoming year Master Work Plan process. Member Jones updated the Park Board on the recent survey that was done. Chair Geiseke stated at this point they do not have it in the work plan and he wondered if the City Council would want the Park Board to be involved. Ms. Kattreh stated this could be asked at the work session with the City Council. She stated if this is something the Park Board would like them to pursue, it could be added. Member Jones thought the Park Board would be involved at this point because they are both using Confluence. Member Steel stated she was hesitant to have projects drive the strategic plan, she thought.residents should drive the strategic plan and they should assess what those are. They need to start thinking about specific projects. Member Jones agreed and would have preferred they would have chosen someone other than Confluence to assess the.needs for Grandview. She thought the process should be kept as separate as possible but if they don't step up they may not be involved in the process. Member Steel agreed but did not think they were personally in the.position other than talking personally with City Council to do much about it. Member Jones stated she would like to see it in the work plan because in order to get involved in projects they_need to ',have it on the work plan. Member Jones indicated she would like to make a motion for this item to be placed in the work plan. Member Jones made a motion to include Grandview Master Plan in the work plan. Chair Gieseke indicated he was not ready to make e-a motion without' guidance and did not want to interfere. Member Jacobson-stated as a group they are trying to assess-.what needs are not being met in the community and Grandview happens to be the forum on which the community needs are not being met. Member Jones wondered why Chair Gieseke did not want to discuss this. Chair Gieseke stated they are an advisory committee so they need.to work within the: realm of,what the City Council wants them to do. He did not know if Ms: °Kattreh has—sat down with: the City Council.to discuss this and that should be done first. Member:Jones stated she did not know why this would•be so difficult to ask it be included in the work plan and she wondered why the Park Board could not discuss this. Chair Gieseke asked staff why this has not been included on the Park Board Work Plan. Ms. Kattreh indicated she was told that the Park Board will be consulted, at some point,_ but she did not think it would do any harm to put-it on the work if the Park agrees and ask the City Council to respond to it. Member Gieseke wondered if it would create any ill will. Ms. Kattreh did not think that would happen.. There was not a second to the motion, motion failed. Chair Gieseke thought the Park Board is showing heightened sensitivity because the Park Board is not being included in the visioning of the Grandview Park Master Plan. Ms. Kattreh thought sometime in 2015 this item will need to be put on the work plan. Member Jones stated this will be decided before the end of the year. She stated most people want public uses for public land and what is being shown is primarily private use for the land. Chair Gieseke indicated this would be followed up at the next meeting after more information is received. VILE. 40th & France Property Ms. Kattreh informed the Park Board that the site is located,on the west side of France Avenue near its intersection with W. 40t Street. The parcel is 14.3 acres in size. The north 1/3 of the property, is located in the City of St. Louis Park and the southern 2/3 is located in the City of Edina. While the property is owned by the City of Minneapolis, neither site is within the corporate limits of the City of Minneapolis. Chair. Gieseke asked if the city was eager and active buyers of property, especially parkland.. Ms. Kattreh thought they would be and this is a large parcel with great potential. Member Segreto stated it is a rare opportunity to buy a piece of land as nice as that and hoped that they can reach an agreement but thought it was all about price right now. Ms. Kattreh stated that was correct. She thought they had a tremendous partnership opportunity to turn this into a nice asset for the area. 6 Member Jones recommended they have a good public process because people have not been able to speak about this but if it is on the market and if they thought this was going to be sold to developers, this" changes'everything and thought the City Council needed to hear from its constituents. Ms. Kattreh agreed. VILD. 2015 Park Board Work Plan Ms: Kattreh informedthe Park Board that the: proposed -2015 Park.Board Work Plan was completed using the Park Board members feedback and previous recommendations. Items on the 2015 Capital Improvement Plan are also included.,. The work plan needs to be approved and the City Council will be reviewing Boards and Commissions work plans at the October 7, 2014 work session. There was discussion between the Park Board regarding the work plan. Member McCormick stated that she thinks the Braemar Master`Plan should be included in the work plan. Member Jones felt regarding the Inclusion Playground Equipment at Rosland Park that they should add "is contingent on receiving sufficient grant funding'. Member Segreto indicated she would like to be on the Urban Forest Task Force Committee. Member Jones. indicated she thinks "Green Initiatives". should be taken off as 2015 New Initiative and be placed under Ongoing Responsibilities. Member Steel noted that she would like to see added under the Other Work Plan Ideas Considered "Volunteer Collaborative with Community Education Services ". Member Steel made a motion, seconded by Member Segreto, to approve the 2015 Park Board Work Plan with the following additions and changes: add `Braemar Golf Master Plan" as a new 2015 New Initiative; under Other Work Plan Ideas add "Volunteer Collaborative with Community Education Services "; add Member Segreto to the Urban Forest Task Force Committee; eliminate "Green Initiatives" as a 2014 New Initiative and put under Ongoing Responsibilities; and add under Inclusive Playground Equipment — Rosland Park "is contingent on receiving sufficient grant funding'. Ayes: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. Motion Carried. Vlll. CORRESPONDENCE AND PETITIONS VIILA. City Council Updates No discussion. VIII.B. Other Correspondence No discussion. IX: CHAIR AND BOARD MEMBER COMMENTS Member.Jones asked if on the Fred Richards Re- Purpose Survey they could have a spot for a person to indicate whether or not they are an Edina resident because she feels that would be helpful. Ms. Kattreh replied she will make sure that gets put into the survey. Chair Gieseke informed the Park Board that Ann Kattreh was recently inducted into the Wisconsin Basketball. Coaches Hall of Fame. He read the letter to the Park Board and congratulated Ms. Kattreh. Ms. Kattreh indicated she was honored. X. STAFF COMMENTS Ms. Kattreh stated that on October 20, 2014 at 7 p.m. Ron Vine will be giving a presentation on the Community Survey results and she would like the Park Board members to attend if possible. Ms. Kattreh updated the Park Board on Pamela Park. 7 Ms. Kattreh stated that Friday, December 5, 2014 is the day of the Grand Opening for the Sports Dome and outdoor rink. Ms. Faus updated the Park Board on the Braemar Park Master Plan Task Force. XI. ADJOURNMENT Chair Gies eke made a motion, seconded by Member Segreto, to adjourn the meeting at 9:57 p.m. Ayes:: Members Gieseke, Greene, Jones, Jacobson, Segreto, McCormick, Steel. .Motion Carried. Meeting adjourned at 9:57 p.m. 8 MINUTES. OF THE REGULAR MEETING OF THE VETERANS MEMORIAL COMMITTEE HELD AT CITY HALL JUNE 20, 2014 7:30 AM 1. CALL TO ORDER Chairman .Olson called the meeting to order at 7:30 a.m. 11. ROLLCALL Answering roll call were Members Benson, Cardarelle (arrived at 7:49 a.m.), Christiaansen arrived at 7:34 a.m.), Currie (arrived at 7:35 a.m.), Elliott, Kojetin, Olson, Reed, and Schwartz. Members Absent: Member Cardarelle and Crain. Staff in attendance: Kristin Aarsvold, Edina Park and Recreation Department Supervisor; and Ann Kattreh, Parks and Recreation Director. Others in attendance: Denny Schulstad and Dick Crockett. Ill. = APPROVAL OF MEETING AGENDA The agenda was approved as presented.! IV. ADOPTION OF CONSENT AGENDA A. Approval of the April 18, 2014 Veterans Memorial Committee Meeting Minutes. Motion by Member Schwartz and seconded by Member Benson to approve the meeting minutes from the April 18, 2,014 meeting as presented. Ayes: Benson, Elliott, Kojetin, Olson, Reed, and Schwartz. Motion carried. V UPDATE ON MEMORIAL SCULPTURE Member Reed advised that the Schoop family takes the first week of July off and will be.pouring some of the components in mid -July. He confirmed that the project is moving along in coordination of the timeline. Member Christiaansen arrived. Chairman Olson advised the Members to report to the Committee when payment is needed. Vl. OVERALL DESIGN DISCUSSION Member Elliott provided an update on Watershed activity and believed that everything was on track to receive that permit. Member Currie arrived. Member Elliott provided an update on the granite, advised that he has been working for the past few weeks with Murphy granite, and hoped to have information regarding the donation and actual cost the following week. He provided a sample of the granite that is proposed for use to ensure Committee consensus. He stated that the Committee has sent a formal letter of intent for those vendors that have mentioned in -kind donations and reported that the first signed letter from a vendor has been received. He stated that with all of these pieces falling in line, including the finalized granite details and the return of the in -kind letter of intents, he believed that the Committee could go before the City Council at the first meeting in August, believed to be August 4th. He noted that some fundraising would be needed in order to fill the gaps, but noted that the funds are very close with the State matching funds. He explained that the City would fund the matching State funds, which would then be reimbursed to the City, prior to receipt in order to move the project forward. He stated that he has attempted contact with the Garden Club but has not yet received a response. Vll. FUNDRAISING A. FOUNDATION AND MARKETING UPDATE Chairman Olson stated that he received an email from the Rotary Foundation advising that the $20,000 donation has been approved, noting that he will make a presentation on June 26th. He noted that he did contact a previous donor that may be willing to make an additional donation once the general public is involved. He advised that he is working with the Communications Department to develop a mailing that could be sent to homes with values exceeding $250,000. He noted that the cost would be $3,500 to develop and mail that material. Member Reed questioned why a limit would even be set rather than sending the mailing to everyone. Chairman Olson noted that the targeted limit was set in order to reduce mailing costs. Member Schwartz advised that some of the veterans live in apartments and therefore believed that all residents should receive the mailing, including multi- tenant buildings. Member Cardarelle arrived. Chairman Olson stated that he would speak with the Communications Department to determine the actual number and the cost to send the mailing to additional residents. Ms. Aarsvold noted that a Member of the Committee could take the mailings to the multi- tenant buildings to distribute. Chairman Olson stated that he hoped to make a presentation at the Veteran's Dinner on July 3`d and advised that the mailing would be available at that event as well. He believed that the mailing could be sent out by June 27th, and therefore believed that the amount of donations would be known prior to the meeting with the City Council. He stated that he developed a timeline and reviewed key dates. He advised that if the Council approves the project moving forward he believed that construction could begin August 11t with a construction completion date of November 1St, with sculpture installation shortly before Memorial Day. He confirmed that a formal ground breaking with the Mayor could take place on August 11th. He provided an update on contact with donors and clarified that while in -kind donation of materials would count towards the matching State funds but the actual labor would not count as matching. Dick Crockett provided a document displaying the donations received to date and funds spent to date, as requested by the Committee. He noted that there were pending grants that could raise the total amount of donations. He confirmed that the State matching funds specify that the funds must be spent in order to qualify for the match. He noted that as the in -kind donations are received, some of those will qualify towards the matching funds while others will simply decrease the project cost. Member Kojetin stated that model he constructed had a cost of $210, which could contribute towards the matching funds, confirming that he does have the receipts. Chairman Olson briefly reviewed the cash donation total received thus far. He confirmed that donations could be made to the Foundation. Member Elliott asked for additional information on the requirements of the grant funds. Mr. Crockett provided additional information. Ms. Kattreh explained that after the in -kind donations are received, there would need to be a formal bid package in order to receive the State funds. Member Elliott stated that could make the process tricky if there is something that a donor is not donating 100 percent. Ms. Kattreh believed that the Committee would simply need to obtain an additional quote for the work in discussion. She noted that as long as the contractor component is under $100,000 there would only need to be two quotes received, one of which could be the in -kind donor. Member Elliott questioned if the entire project would need to follow that process or whether only the portion that would be paid by the State funds would need to follow that process. It was confirmed that Member Elliott would meet with the City Manager in order to obtain those details. Member Schwartz questioned if there were additional copies of his book available. Ms. Aarsvold was unsure but verified that she would follow up on that item. Member Elliott reviewed the total amount of in -kind donations included on the letters of intent that had been mailed and estimated the amount of those donations that would be actual materials. Chairman Olson advised that this project will be moving quickly in the next month, confirming that the group will meeting July prior to the City Council meeting. He asked that perhaps an ad hoc Committee be formed of longstanding Members that could provide input to himself and Members Crain and Elliott. Members Christiaansen, Benson and Reed confirmed that they could be included on a list to be contacted for additional information. Mr. Crockett noted that the Foundation article in the newsletter published for the July issue focused on the Veteran's Memorial Committee. Vlll. ADJOURNMENT Meeting adjourned at 8:30 a.m. MINUTES OF THE REGULAR MEETING OF THE VETERANS MEMORIAL COMMITTEE HELD AT CITY HALL August 29, 2014 7:30 a.m. 1. WELCOME Chairman Olson called the meeting to order at 7:30 a.m. Chairman Olson welcomed Mike Goergen former Committee Chair and Tom Shirley, General Manager of Centennial Lakes Park. Shirley will act as the City Construction Manager and City Liaison for the remainder of the project. IL ATTENDANCE Answering roll call were Members Cardarelle, Christiaansen, Currie, Elliott, Kojetin, Olson, Reed, Schwartz, Shulstad Members absent: Members Benson and Crain. Staff in attendance: Scott Neal, City Manager; Kristin Aarsvold, Edina Parks & Recreation Department Supervisor; Tom Shirley, Centennial Lakes Park General Manager Others in attendance: Dick Crockett, Edina Community Foundation; Mike Goergen, former Committee Chair Ill. FUNDRAISING Dick Crockett reported that before July 1, 60 people had donated to the memorial. After the July 1 fundraising letter was mailed, 217 people have donated. Crockett said that the Edina Community Foundation added staff to help process the checks as they were receiving 20 -30 checks daily. Crockett will send a report to the committee members showing the budget. Crockett will continue to accept donations to assist with ongoing maintenance costs such as landscaping. Scott Neal reported that in order to access the funds from the State of MN the city will first need to spend the $225,000. Neal said the city will most likely authorize an internal loan from reserve funds to be reimbursed from the State of MN after the project has been completed. Neal stated the City Finance Department will manage the state grant. Crockett mentioned that the committee should discuss how the 277. donors will be recognized such as an ad in the Sun Current. Crockett said the donors are currently recognized on the Edina Community Foundation website. Crockett said each individual receives a thank you note from the Edina Community Foundation. Crockett also made the suggestion to rename Utley Park to Veterans Memorial Park. IV. UPDATE ON MEMORIAL SCULPTURE Member Reed reported that the sculpture components have been cast and they are working on the final wells and detailing. Member Reed and Member Elliot will coordinate with the Shoops on the installation and the granite monument. Member Reed said the sculpture is anticipated to be completed at the end of September and that Shoops would welcome committee members to see the sculpture at their foundry. Member Reed reported that since the sculpture will not be installed until spring Shoops is willing to store it over the winter. A final payment schedule was discussed with no action. V. OVERALL DESIGN DISCUSSION Member Elliot said he was happy with the outcome of the City Council approving the project to move into the construction phase. Member Elliot thanked the committee members for all their work over the years to bring the project to this phase. Member Elliot showed a sample of the Mesabi black granite mined in Minnesota which will be used for the granite monument to hold the sculpture. Member Schwartz inquired about the engraving process. Member Elliot said he has not gotten that far with the quotes still being decided. Chairman Olson suggested the Design Committee including Members Christiaansen, Reed, Benson, and Elliot discuss and bring their recommendations to the committee. Member Elliot asked for committee input on the patio pavers. Member Schwartz made a motion to use only American made natural products. Member Currie seconded the motion. Ayes: Reed, Olson, Elliot, Currie, Christiaansen, Cardarelle, Kojetin, Schwartz. Motion carried. Member Elliot reported challenges in finding natural reddish toned patio pavers that are shown on the rendering of the plaza. Member Elliot suggested going with a two tone patio design using blue stone in a darker and lighter color. Members Kojetin, Reed, Cardarelle agreed with the suggestion. Member Elliot provided a handout regarding signage at the memorial. Aarsvold suggested making the signage interactive utilizing technology like QR codes. Member Elliot suggested that the sentinels remain free of donor recognition and suggested that brass signage could be used. Goergen said that there was good choice of words regarding recognizing the various levels of donors at Fox Meadow Park in Edina. Chairman Olson mentioned that 19 people have given over $1,000 who should be recognized. Chairman Olson said the Design Committee should come up with recommendations. Member Elliot made a motion to recognize donors, committee members and others on the outside area of the memorial. Member Currie seconded the motion. Ayes: Elliot, Olson, Currie, Reed, Cardarelle, Christiansen, Schwartz. Motion carried. Member Elliot recommended four quotes to be placed on the two sentinels, flag pole base, and backside of the granite monument. Vl. MARKETING A. Chairman Olson said he would be in touch with the Mayor to set a date for a groundbreaking event within the next few weeks. Aarsvold stated tSenator Franzen and Representative Erhardt should be invited. Aarsvold stated the Communications Department can assist with this event. B. Memorial Day 2015 Chairman Olson discussed a military leader and Mayor Hovland for potential speakers. Chairman Olson has been in touch with the John Phillip Sousa Memorial Band. No further discussion too place as Chairman Olson had to leave. IL ADJOURNMENT Meeting adjourned at 8:45 a.m. MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS OCTOBER 8, 2014 7:00 PM I. CALL TO ORDER II. ROLL CALL Answering the roll call was: Hobbs, Scherer, Lee, Halva, Platteter, Staunton Absent from Roll: Carr, Forrest, Olsen, Schroeder, Seeley III. APPROVAL OF MEETING AGENDA Commissioner Platteter moved approval of the meeting agenda. Commissioner Lee seconded the motion. All voted aye; motion carried. IV. APPROVAL OF CONSENT AGENDA Commissioner Scherer moved approval of the September 10, 2014 meeting minutes with correction. Commissioner Platteter seconded the motion. All voted aye; motion carried. VI. PUBLIC HEARINGS B. Conditional Use Permit. Chad and Jenny Helmer. 5808 Creek Valley Road, Edina, MN Planner Presentation Planner Aaker informed the Commission Ted Carlson has submitted a Conditional Use Permit application on behalf of Chad and Jennifer Helmer to increase the first floor elevation 1.5 feet higher than the current first floor elevation in order to construct a new. home at 5808 Creek Valley Road. The Conditional Use Permit is for .5 feet or 6 inches of additional first floor height above the allowed one foot increase. The new home is a two story home with an attached three car garage Aaker further explained that the current home has a basement elevation of 853.2 above sea level and a first floor elevation at 861.8 feet above sea level. The proposal is to tear down the house and re- build, for a total of a 1.5 foot increase in first floor elevation (.5 feet above allowed in code). The new basement elevation will be at 853.7 feet above sea level and the new first floor will be at 863.3 feet above sea level. Aaker said -the basement floor must be raised to comply with required flood protection elevations. The reason for the CUP request is to address a discrepancy between the City of Edina and Nine Mile Creek Watershed's flood protection elevations. The City of Edina uses the FEMA designated elevation of 850.6 above sea level and the Nine Mile Creek Water Shed District uses their own modeling that puts the protection elevation at 852.7 feet above sea level. There is a 2.1 foot discrepancy between FEMA and Nine Mile Creek Water Shed's protection elevations. The builder has proposed a basement elevation of 853.7 which is between the FEMA designated elevation and Nine Mile Creek's protection elevation. The basement would be raised 6 inches to be 3.1 feet higher than the FEMA flood elevation and I foot above the Nine Mile Creek Watershed's flood elevation. Nine Mile requires 2 feet of' freeboard, so.the basement is one foot lower than Nine Mile Water shed District rules. The builder has indicated that the project has received a variance from Nine Mile Creek Watershed District to allow the basement elevation lower than required based on the Water Shed's flood plain modeling. i Planner Aaker concluded that staff recommends approval of the conditional use permit, as requested subject to the following findings: 1. The proposal does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements. . 2. The proposal will generate traffic within the capacity of the streets serving the property. 3. The proposal does not have an undue adverse impact on the public health, safety or welfare. 4, The proposal will not impede the normal and orderly development and improvement of other property in the vicinity. S. The proposal conforms to the applicable restrictions and special conditions of the district in which it is located as imposed by this Section. 6. The proposal is consistent with the Comprehensive Plan. 7. Engineering staff finds that the proposed grading plans would not negatively_ impact the adjacent homes. Approval is also subject to the following conditions: I . The site must be developed and maintained in conformance with the following plans: • Survey date stamped September 23, 2014. • Building plans and elevations date stamped September 23, 2014. 2. Compliance with the conditions and comments listed in the Environmental Engineer's memo dated October 1, 2014. 3. Submission of Nine Mile Creek Watershed District Approval prior to building permit issuance. \ 2 Appearing for the Applicant Steve Sweetzer, representing Chad and Jenny Helmer Discussion Chair Staunton questioned the difference between FEMA and 9 -Mile requirements. Aaker explained that 9 -Mile is a more conservative local view while FEMA is regional. Commissioner Scherer noted the materials indicate that the project received approval from 9 -Mile Creek. Aaker responded in the affirmative. 9 -Mile, Creek signed off on,the plan as proposed. Commissioner Lee complimented the applicants and their representative on the plans presented. She did note that the proposed building is now two stories and not the original rambler. Mr. Sweetzer responded that's correct, the proposed house is two- story; however, the roof lines were brought down to minimize impact. Lee agreed, adding one issue she has is the sides of the building `need more attention, especially the west side; it's a little sparse. Sweetzer said he would look at the sides and if appropriate add some relief. Chair Staunton opened the public hearing Public Testimony No public comment. Chair Staunton asked for a motion to close the public hearing. Commissioner Scherer moved to close the public hearing Commissioner Lee seconded the motion. All voted aye; public hearing closed. Discussion Commissioner Scherer said she agrees with Commissioner Lees comments that the applicants did a good job on the building design and minimizing impact. Scherer further added the proposed basement height at 8 -feet is reasonable. Chair Staunton said he agrees with comments from Commissioners Lee and Scherer, adding the project is reasonable and he can support it as presented. Motion Commissioner Scherer moved Conditional Use Permit approval based on staff findings and subject to staff conditions. Comm_ issioner Lee seconded the motion. All voted aye; motion carried 5 -0. 3 C. Final Rezoning and Final Development Plan. Beacon Interfaith Housing. 3330 West 66"' Street, Edina, MN Planner Presentation Planner Teague told the Commission they are being asked to consider Final Rezoning and Final Development Plan for a redevelopment request of the existing TCF Bank building, located at 3330 66' Street by Beacon Interfaith Housing Collaborative (Beacon). Teague reported the proposed plans are the same as the plans that were approved in the first phase of this review, including the Comprehensive Plan Amendment. Teague explained the applicant proposes to remodel and expand the building into 39 units of small studio apartments for young adults (age 18 -22) who have experienced homelessness. The size of the units would range from 322 -451 square feet. Each unit would contain a full kitchen and bathroom. The building would contain offices for on -site service providers and property management. There would also be a community area for residents; a fitness area; a computer lab and a laundry room. The site is 39,204 square feet in size. The existing bank is 18,179 square feet. The proposed addition would be 10,458 square feet. The building would remain two stories. The remodel of the building would retain the existing brick, and the addition would be brick with metal panels. Teague added there would be 19 surface parking stalls. Proof of parking would total 37 total surface stalls. No enclosed parking is proposed. The applicants have indicated in their narrative that 18% of their residents have cars. Beacon anticipates that no more than 12 stalls would be required for residents. The maximum need for staff parking is 6 stalls. Therefore, they believe they would have adequate parking. Residents are expected to utilize the Metro Transit bus service available across the street at Southdale. All of the 39 units would be considered affordable housing, and would apply towards the City and Met Council's goal for affordable housing. Planner Teague concluded that staff recommends that the City Council approve the Final Rezoning and approve the Final Development Plan. Approval is based on the following findings: I. Affordable housing is identified as a need in the Comprehensive Plan; and the proposed amendment would assist the City in meeting its established affordable housing goal with the Met Council of providing 212 new affordable housing units by the year 2020. This project would include 39 new affordable housing units toward that goal. 2. The proposed density of 43 units per acre is reasonable, and within the density range suggested in the Comprehensive Plan of between 12 -80 units per acre. El 3. The proposed affordable housing project would generate less traffic than the existing bank facility. 4. The project would utilize sustainability principles. Most notable elements include: compliance with Minnesota Overlay and Guide to the 2011 Enterprise Green Communities Criteria; utilizing the existing building rather than a tear down; committing to a 15% energy savings; locating the building to make use of Metro Transit; impervious surface would be reduced by 6.9 %; enhanced landscaping; making use of special construction material; installing a rain garden for storm water management; and pedestrian oriented design. 5. Project would meet the following additional Comprehensive Plan goals and objectives: a) Promotion of a vision of community that is inclusive of a wide range of ages, incomes, and abilities and offers a wide range of housing options for Edina residents. b) Promotion of lifecycle housing to support a range of housing options that meet people's preferences and circumstance at all stages of life. c) Encourage an integrated mix of building type, heights and footprints within blocks, rather than single buildings or building groups. d) Incorporate principles of sustainability and energy conservation into all aspects of design, construction, renovation and long -term operation of new and existing development. Final approval is subject to the following conditions: I . Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by the conditions below: • Site plan date stamped September 12, 2014. • Grading plan date stamped September 12, 2014. • Utility plan date stamped September 12, 2014. • Landscaping plan date stamped September 12, 2014. • Building elevations date stamped September 12, 2014 • Building materials board as presented at the Planning Commission and City Council meeting. 2. Prior to issuance of a building permit, a final landscape plan must be submitted, subject to staff approval. The Final Landscape Plan must meet all minimum landscaping requirements per Section 36 -1436 through 36 -1462 of the City Code. Additionally, a performance bond, letter -of- credit, or cash deposit must be submitted for one and one -half times the cost amount for completing the required landscaping, screening, or erosion control measures. 3. The property owner is responsible for replacing any required landscaping that dies. 4. The Final Lighting Plan must meet all minimum requirements per Section 36 -1260 of the City Code. 5. Submit a copy of the Minnehaha Creek Watershed District permit. The City may require revisions to the approved plans to meet the district's requirements. 6. Sustainable design. The design and construction of the entire project must be done with the Sustainable Initiatives as outlined in the applicant's narrative within the Planning Commission staff report. Attempts must be made meet an energy savings goal of 15% over state energy code guidelines. A plan of how standards are intended to be met must be submitted prior to issuance of a building permit. 7. Compliance with all of the conditions outlined in the director of engineering's memo dated July 15, 2014. 8. Approval of a Zoning Ordinance Amendment establishing the PUD -7, Planned Unit Development for this site. 9. Final Rezoning is subject to review and approval of the Metropolitan Council on the Comprehensive Plan Amendment. And recommend to the City Council adoption of the Ordinance Amendment establishing the PUD- Zoning District. Appearing for the Applicant Bart Nelson Applicant Presentation Mr. Nelson delivered a power point presentation highlighting aspects of the building. Nelson further noted the plans presented are the same that were approved by the Commission and Council in the first phase. Chair Staunton opened the public hearing. Public Testimony Bob Long, Larkin Hoffman addressed the Commission and reported he represents Citizens to Preserve the RMD District and raised the following points: 1) The Comprehensive Plan hasn't been approved by the Met Council; therefore the final rezoning and final development plan legally can't be heard; 2) If the hearing were to proceed this evening he would object; 3) On October 8, 2014, Larkin Hoffman served the City with legal papers. Concluding, Long asked the Commission to "table" this request until the City receives a response from Met Council. Jackie Prince, 7200 York Avenue, #602 indicated her support for the project. 2 Chair Staunton asked if anyone else would like to speak to the project; being none Commissioner Platteter moved to close the public hearing. Commissioner Scherer seconded the motion. All voted aye; motion carried. Public hearing closed. Chair Staunton asked Planner Teague if the request for final rezoning and final development plan can be heard. Teague responded he spoke with the City Attorney and the request can be heard. Staunton further acknowledged receipt of a law suit on behalf of Citizens to Preserve the RMD District/Larkin Hoffman. Discussion Commissioner Lee asked if the windows proposed for the building are vinyl double hung. Mr. Nelson responded some windows are double hung; but not all. Operable windows will be located in the individual living units. Lee said she would like to see conformity with the windows. Continuing, Lee said she also has some concerns that the exterior materials aren't very durable. She added it's important to her after renovation and construction that the building looks like the renderings presented this evening. Nelson agreed, adding he would look into Commissioner Lee's comments. A discussion ensued on the balancing of goals between ordinance and comprehensive plan. The proposal as presented complies with Met Council requirements of providing affordable housing; however, the sites RMD guide needed to be amended to allow this use. It was further noted if this property was one block to the north there would be no issue, no hearing; the proposed use is allowed in residential zones. Teague agreed, adding the review this evening is to ensure that the plans presented are consistent with the plans approved at preliminary approval. Motion Commissioner Platteter moved to recommend final rezoning and final development plan approval based on staff findings and subject to staff conditions. Commissioner Lee seconded the motion. All vote aye; motion carried. 5 -0 Commissioner Platteter moved to recommend approval of a zoning ordinance amendment establishing the PUD District based on staff findings to include the revised ordinance language and staff conditions. Commissioner Scherer seconded the motion. All voted aye; motion carried. 5 -0 Commissioner Platteter asked Planner Teague to clarify for the Commission the revision to the ordinance. Planner Teague explained that the revision would tie the parking stall requirements for the site to an office use. 7 D. Preliminary Rezoning & Preliminary Development Plan. Frauenshuh; 7700 France Avenue, Edina, MN. Planner Presentation Planner Teague informed the Commission Frauenshuh Companies is proposing to develop the northeast corner of 7700 France with a free standing, 7,000 square foot seafood restaurant. The site is 17 acres in size and contains a six -story 275,000 square foot office building and a 7,623 square foot single -story office building (bank) in the southeast corner of the site. Teague reported the restaurant would be designed for seating up to 242 people, and would provide 63 dedicated parking spaces in addition to the shared parking with the office building. The proposed building would be made of brick, EIFS, cedar, glass and metal panels. An area for outdoor dining is proposed along France Avenue. Teague explained the primary issue with this request is that a free - standing restaurant is not a permitted use in the POD -2 zoning district. A restaurant is a permitted accessory use within an office building. The applicant went through the sketch plan process with this request in 2012. Both the Planning Commission and City Council suggested that PUD rezoning was the best way to approach the use on the site. Continuing, Teague stated to accommodate the request a Preliminary Rezoning from POD -2, Planned Office District to PUD, Planned Unit Development; and Preliminary Development Plan is required. Teague noted the "preliminary" review is the first step of a two -step process of City review. Should these "preliminary" requests be approved by the City Council; the second step would be Final Rezoning to PUD and Final Site Plan review which would again require review by both the Planning Commission and City Council. Planner Teague stated that staff believes that the PUD is appropriate for the site for the following reasons: I . Subject to enhancements to the site plan, the proposal could meet the City's criteria for PUD zoning. In summary the PUD zoning would: a. Provide a mixture of use within the area/site by allowing a free standing restaurant to be located on the subject site. b. Create a pedestrian friendly development with a requirement to construct a boulevard style sidewalk along France Avenue and provide a pedestrian connection from the restaurant to the sidewalk. In addition, a pedestrian connection should also be required from the existing building to the restaurant. Detailed plans on how these sidewalks would be constructed should be submitted as part of the final development plan application. 2. The proposed uses would fit in to the neighborhood. As mentioned, this site is guided in the OR, Office Residential which encourages limited retail and services uses and a mix of land uses. 8 3. The existing roadways would support the project. Wenck Associates conducted a traffic impact study, and concluded that the proposed development could be supported by the existing roads. 4. The proposed project would meet the following goals and policies of the Comprehensive Plan: a. Movement Patterns. ■ Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. ■ A Pedestrian - Friendly Environment. b. Encourage infill /redevelopment opportunities that optimize use of city infrastructure and that complement area, neighborhood, and /or corridor context and character. c. Support and enhance commercial areas that serve the neighborhoods, the city, and the larger region. d. Increase mixed use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. e. Increase pedestrian and bicycling opportunities and connections between neighborhoods, and with other communities, to improve transportation infrastructure and reduce dependence on the car. f. Buildings should be placed in appropriate proximity to streets to create pedestrian scale. Buildings "step down" at boundaries with lower- density districts and upper stories "step back" from street. Teague concluded staff recommends approval subject to the following findings: I . The project would introduce a use that would fit into the area, and provide a service for local employees and nearby residents. 2. With adequate pedestrian connections and facilities, the project would create a pedestrian friendly development which would encourage walking in the district. 3. The PUD would ensure that the building proposed would be the only building built on the site, unless an amendment to the PUD is approved by City Council. 4. The existing roadways would support the project. Wenck Associates conducted a traffic impact study, and concluded that the proposed development could be supported by the existing roads. 5. The proposed project would meet the following goals and policies of the Comprehensive Plan: a. Movement Patterns. ■ Provide sidewalks along primary streets and connections to adjacent neighborhoods along secondary streets or walkways. ■ A Pedestrian - Friendly Environment. b. Encourage infill/redevelopment opportunities that optimize use of city infrastructure and that complement area, neighborhood, and /or corridor context and character. c. Support and enhance commercial areas that serve the neighborhoods, the city, and the larger region. 7 d. Increase mixed use development where supported by adequate infrastructure to minimize traffic congestion, support transit, and diversify the tax base. e. Increase pedestrian and bicycling opportunities and connections between neighborhoods, and with other communities, to improve transportation infrastructure and reduce dependence on the car. f. Buildings should be placed in appropriate proximity to streets to create pedestrian scale. Buildings "step down" at boundaries with lower- density districts and upper stories "step back" from street. Approval is subject to the following Conditions: I . The Final Development Plans must be generally consistent with the Preliminary Development Plans dated September 8, 2014. 2. The Final Site Plan must include a boulevard style sidewalk along France and sidewalk connections from the existing building to the restaurant and from the boulevard sidewalk to the building. 3. The Landscape Plan should be revised to show the specific trees that would be removed, and consider additional planting and /or saving trees along the north lot line to provide screening of the loading area. 4. The Final Lighting Plan must meet all minimum landscaping requirements per Section 850.04 of the Zoning Ordinance. 5. Submittal of a complete sign plan for the site as part of the Final Development Plan application. 6. Compliance with all of the conditions outlined in the director of engineering's memo dated October 1, 2014. 7. Final Rezoning is subject to a Zoning Ordinance Amendment creating the PUD, Planned Unit Development for this site. Appearing for the Applicant Steve Faber, Frauenshuh and Alan Ackerberg, Parasole Applicant Presentation Mr. Faber addressed the Commission highlighting architectural features of the proposed restaurant including exterior building materials. Faber reminded the Commission a couple years ago Frauenshuh brought before the Commission /Council a sketch plan concept for a free standing restaurant at 7700 France Avenue. Faber said the result of the sketch plan review was favorable and at this time there is an interested tenant ( Parasole). Faber introduced Alan Ackerberg with Parasole to speak to the proposal. Mr. Ackerberg told the Commission Parasole would be the restaurant tenant and Frauenshuh would own the property. Ackerberg noted Parasole will have input on the size of the building, its configuration and materials used. Continuing, Ackerberg reported the restaurant would be a seafood establishment (Sea Change), adding he was very excited about the project. 10 Ackerberg added with regard to staff conditions he has no issue with the condition of a sidewalk connection from the building to France Avenue; however, would like to defer the larger section of the sidewalk until the site is redeveloped to its' fullest potential. Concluding, Ackerberg said bike racks would be added and additional screening would be added to the north side of the proposed building. Discussion Commissioner Lee questioned the use of EIFS and asked where it's going. Farber responded that EIFS would be used on the north elevation where the kitchen is located; with graphics he indicated those areas. Lee noted that at sketch plan review the materials indicated in this area was brick. Mr. Faber said he would be willing to review the use of EIFS vs. brick Faber said another point of interest is landscaping, adding it is their intent to plant a line of trees along the north boundary, A discussion ensued with Commissioners commenting on the difference in building materials between sketch plan review and the request before them. It was pointed out by the applicant that sketch plan was conceptual; there was no tenant at that time. The goal of the previous sketch plan was to gauge the City's position on allowing a freestanding restaurant at this location. Commissioner Platteter inquired about the proposed outdoor seating. Mr. Ackerberg informed the Commission that three outdoor dining zones are anticipated. One is an outdoor bar lounge area similar to what's found on Tavern on France. Ackerberg said that their goal is to integrate the eating areas with the street. He noted the outdoor seating would be apparent from the street and landscaping would be used throughout the "front yard" outdoor seating areas of the site. Ackerberg said it's important to have and present connectivity to the sidewalk and street. Chair Staunton said he agrees it's a good move to engage the street; not only for vehicular traffic but for pedestrian traffic as well. Commissioner Platteter observed this site contains a lot of concrete /parking spaces and questioned if more parking was added for the project. Mr. Faber responded more parking wasn't added; however, with the new building the parking was reconfigured to include a valet service area. Continuing, Platteter commented what's nice about this use is the cross hours. He pointed out a majority of parking would occur during the evening and weekend hours when the office building would be mostly vacant. Chair Staunton opened the public hearing. 11 Public Testimony Kristie Bohn Berman /Spartan Nash, 7600 France, reported her company has a concern if parking isn't adequate visitors to the new restaurant may choose to park in their parking lot. Bohn - Berman added additional landscaping would also be of benefit. It was suggested by the Commission that signage could be posted to discourage cross- over parking. Mr. Faber pointed out with graphics there is a berm and grade change between properties. Discussion A discussion ensued on the importance of continuing with the boulevard style sidewalk into and adjacent to the site. Commissioners wanted assurances the restaurant would engage both vehicular and pedestrian traffic. Commissioners also discussed the significance of the access into the site from West 76`' Street and the importance of the north building wall, materials used and patio engagement. Commissioner Lee commented whether it's at the preliminary or final stage the tone is set, adding in her opinion what was established at sketch plan review was the marker. Lee said she is uncomfortable always adding so many conditions to a land use and development project/request. She acknowledged she doesn't want to be too prescriptive; however, preliminary should "have" more teeth. Lee concluded and suggested that the applicant postpone their request to the next meeting of the Planning Commission. This time could be used to provide the Commission a better understanding of what you want and your intent. Commissioner Scherer said she appreciates the concerns expressed; however, feels comfortable at the preliminary level adding additional conditions. Motion Commissioner Platteter moved to recommend preliminary rezoning and preliminary development plan approval based on staff findings and subject to staff conditions including the following conditions: I. Install a boulevard style sidewalk between France Avenue and the subject building. He further suggested that the applicant review Edina's "Living Streets" policy. The applicant is to work with staff on both sidewalk and plantings on the right -of -way; 2. Add bike racks; suggesting they are not placed at the rear of the building-, 12 3. Add additional landscaping on the north side of the proposed building site and the northeast corner 4. Remember that this building is 4 -sided architecture and all finishes should be consistent and complimentary. Ensure this building is architecturally and material pleasing on all sides. Commissioner Scherer seconded the motion and offered an amendment to the motion that requires the applicant to bring back a full sidewalk and boulevard tree /vegetation plan. Commissioner Platteter accepted the offered amendment to the motion. Ayes; Scherer, Platteter, Staunton. Nays; Lee, Hobbs. Motion carried 3 -2. E. Zoning Ordinance Amendment — Chapter 36 Staff Presentation Planner Teague reminded the Commission they have been working on amending the zoning ordinance for the past few months. Teague reported that the work has focused on four topics; Front Street Setback, One -foot Rule for Tear Down, Conditional Use Permit process and Lighting. With graphics Teague delivered a power point presentation highling aspects of the proposed amendments. Concluding Teague reported that the City Council will hear the proposed amendments at their November 3, 2014, meeting. Discussion Commissioner Scherer noted a letter that addresses sport courts and asked Planner Teague how those are handled. Teague responded that sport courts are permitted in the City and require a building permit, must meet setbacks; however, are not included in lot coverage calculations. Commissioner Platteter questioned with regard to the one -foot rule for teardowns if it would be easier to cap basement height. Planner Teague responded the current Conditional Use Permit (CUP) process allows Commissioners flexibility, adding he knows there is a minimum requirement for basement ceiling height but no maximum. Chair Staunton commented he also believes much of the height is driven by basement ceiling height. Teague agreed, adding the Commission always has the discretion to deny or modify a request. Teague said part of the proposed amendment is to bring the one - foot rule back under the variance umbrella with the same requirements; however, not as a CUP. Commissioners agreed that the one -foot rule is better served through the variance process. Chair Staunton opened the public hearing. 13 Public Comment Laurie Grotz, 5513 Park Place addressed the Commission, Jim Grotz, 5513 Park Place, addressed the Commission, John Crabtree, 5400 Oaklawn Avenue, addressed the Commission and suggested the following: The last sentences of Sec. 36 -439 (1) a, I & 2 "If an abutting lot is a corner lot with a side street setback; that lot is not considered an abutting lot when establishing front street. setback" be removed to provide more clarify. It was further suggested that the one -foot rule extend to side yards, especially where there are retaining walls of some height. Chair Staunton asked if anyone else would like to speak to the topics; being none, Commissioner Platteter moved to close the public hearing. Commissioner Scherer seconded the motion. All voted aye; public hearing closed. Discussion Chair Staunton said in his opinion all things are best when simplified. A discussion ensued with Commissioners agreeing that the suggestions from the residents had merit and further study may need to occur to address side yard issues. Commissioners further expressed that the Lighting Ordinance Phase I and eliminating the Conditional Use Permit process and requiring a Variance process instead should move forward as written. The discussion proceeded on the other two topics. It was suggested that study continue on side yards, retaining wall situations, and the one - foot rule. Planner Teague said he would add that to the Commissions "bucket list" of future topics of discussion. The:discussion continued on front street setback and corner lots with Commissioners acknowledging that historically corner lots have been difficult to address. It was further recognized that not everything can be addressed and that changes create unintended consequences. Further discussion focused on the "old" way front yard setbacks were determined. Noting at one time a property owner had three choices; one being the ability to average the front yard setbacks of all houses on "your" side of the street between intersections. Commissioners indicated in hindsight that was a good solution. It was further noted that currently a property owner can be penalized if the neighboring house is setback farther from the street than required, creating a non - conforming situation and variance if improvements to the abutting home are requested. Motion 14 Commissioner Scherer moved to recommend ordinance amendments to Chapter 36 based on the October 8, 2014 staff memo from Planner Teague and eliminating text from 36 -439 (1) a. I & 2 "if an abutting lot is a corner lot with a side street setback; that lot is not considered an abutting lot when establishing front street setback. Commissioner Lee seconded the motion. All voted aye; motion carried. Chair Staunton said the Commission still struggles with the side yard issue; retaining walls, etc. adding those issues need to be added for the future consideration. VII. REPORTS AND RECOMMENDATIONS A. Lot Division. 3923 -3934 West 49' Street, Edina, MN Planner Presentation Planner Teague informed the Commission LJG Investments is proposing to split their existing lot into two lots to create a lot line separation of a double - dwelling at 3932 and 3934491h Street West. The double dwelling on this property is currently under construction, and has been built with a fire rated wall separating the two units. This Would provide protection for each unit, should there be a fire on the other side. Within the block of 49' Street West, there are a mixture of duplexes and single - family homes, zoned both R -I, Single - Family Residential and R -2, Double- Dwelling Unit. Planner Teague concluded staff recommends that the city council approve the lot division as requested. Motion Commissioner Platteter moved to recommend lot division approval based on staff findings and subject to staff conditions. Commissioner Scherer seconded the motion. All voted aye; motion carried. B. Grading & Drainage Ordinance Staff Presentation Ross Bintner addressed the Commission and reported since 2009 a near doubling of building permit applications and residential redevelopment has occurred in Edina. This trend brought up specific concerns that created the need for a new job position; residential redevelopment coordinator along with significant changes in Code, permit review, inspection and enforcement. 15 Discussion Commissioners questioned if staff had an overall time frame to complete new policies and changes. Bintner responded that a time frame hasn't been established however, changes are being considered, reviewed and implemented especially in the erosion control and drainage areas. Bintner said staff is challenged to ensure, through active inspection and enforcement of shoring, parking, building height, floor elevation, drainage and erosion control measures etc. to meet the standards established by not only Ordinance requirements but internal and external policies. Commissioner Hobbs commented in his opinion the number of building permits issued is extraordinary and prioritizing could be a big challenge. Staunton agreed it may be difficult to come up with a simple solution; however, the goal should be to provide clear direction to applicants, property owners, builders and developers. Staunton suggested that a "work team" be appointed; similar to the "work team" that studied and then developed the Ordinance and policy for the Construction Redevelopment Management process. Continuing, Staunton said he spoke with Commissioners Hobbs and Platteter who indicated they would be willing to serve on this "team ". Staunton also stated the team should include representatives from planning, engineering, and building. Concluding, Staunton stated the Planning Commission should also be policy makers and developing a simple storm water and grading management plan is a worthwhile project. Commissioner Lee said she realizes staffing needs and overall time frames and asked Mr. Bintner if there is a time frame for the policy to be completed and implemented. Bintner responded they are off to a good start; however, developing a policy that involves review by three departments is challenging and technically complex. The complexity not only arises with Edina staff and departments much overlaps onto external agency requirements. Commissioner Lee said she agreed and encouraged the "team" to include resident members. Staunton agreed. Staunton thanked Ross Bintner for his update. C. Work Plan — 2015 Chair Staunton addressed the Commission and explained he presented the Commissions 2015 Work Plan to the City Council at their last work session. Staunton said he updated the Council on the Commissions continued work on drainage and grading and briefed the Council on the Commissions interest in the redevelopment of the greater Southdale area and density issues. lull VIII. CORRESPONDENCE AND PETITIONS Chair Staunton acknowledged back of packet materials. IX. CHAIR AND COMMISSION COMMENTS Chair Staunton noted that the next scheduled meeting of the Planning Commission falls on the 25`' of November, the evening before Thanksgiving. Staunton suggested that this meeting be cancelled. Commissioners agreed. X. STAFF COMMENTS None XI. ADJOURNMENT Commissioner Hobbs moved adjournment at 11:42 pm. Commissioner Lee seconded the motion. All voted aye; meeting adjourned at 11:42 pm. Respectfully submitted 17