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2016-10-18 City Council Regular Meeting
Agenda City Council Meeting City of Edina, Minnesota Edina City Hall Council Chambers Tuesday, October 18, 2016 7:00 PM I.Call To Order II.Roll Call III.Approval of Meeting Agenda IV.Community Comment During "Community Comment," the City Council will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to sta) for consideration at a future meeting. V.Adoption of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve.) A.Approve Minutes of October 5, 2016 Work Session and October 5, 2016 Regular Meeting B.Receive Payment of Claims As Per: Pre-List Dated 10/06/2016 TOTAL: $865,569.63 And Per Pre-List Dated 10/13/2016 TOTAL: $1,605,596.88 C.Resolution No. 2016-107: Setting Public Improvement Hearings for Chowen Park D and Countryside G Neighborhood Roadway Reconstruction D.Resolution No. 2016-108: Authorizing Metropolitan Council Sewer Rehabilitation Grant E.TraCc Safety Reports of August 3 and September 7, 2016 F.2017 Calendar Of Meeting Dates G.Request For Purchase: 2017 League of Minnesota Cities’ Dues H.Request for Purchase: Surveillance System for Edina Liquor Southdale I.Request for Purchase: Ten LEER RiEes for Police Department J.Request for Purchase: Design Services Park Signage Improvement Project K.Request for Purchase: Fiber Connection to Southdale Water Tower VI.Special Recognitions And Presentations A.Minnesota Recreation & Park Association Award of Excellence for Braemar Field B.Extra Mile Day 2016 Proclamation C.Proclamation for Domestic Violence Awareness Month VII.Public Hearings During "Public Hearings," the Mayor will ask for public testimony after City sta) members make their presentations. If you wish to testify on the topic, you are welcome to do so as long as your testimony is relevant to the discussion. To ensure fairness to all speakers and to allow the eCcient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their testimony to three minutes. The Mayor may modify times, as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit testimony to the matter under consideration. In order to maintain a respectful environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. A.PUBLIC HEARING: Ordinance No. 2016-14, Amending Chapter 36 Floodplain Regulations B.PUBLIC HEARING: CertiKcation of Delinquent Utilities Improvement No. DU-16, Resolution No. 2016-105 C.PUBLIC HEARING:Subdivision with Variances for Kyle Litwin on behalf of Young Kim at 5845 Kellogg Avenue, Resolution No. 2016-106 - continued to 11/1/2016 VIII.Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) A.Request for Purchase: Fred Richards Park Master Plan Consulting Services B.Sketch Plan Review: Kellogg Ave/VAlley View Road/Oaklawn Avenue Intersection C.Planning Commission 2018 Comprehensive Plan Update Charter D.Resolution No. 2016-99: Accepting Various Donations IX.Correspondence And Petitions A.Correspondence B.Board and Commission Quarter 3 Attendance Report C.Minutes 1.Minutes: Planning Commission, September 14, 2016 2.Minutes: Community Health Commission, June 13, 2016 & July 11, 2016 3.Minutes: Human Rights and Relations Commission August 23, 2016 4.Minutes: Heritage Preservation Board, September 13, 2016 5.Minutes: Park Board September 13, 2016 X.Aviation Noise Update XI.Mayor and Council Comments XII.Manager's Comments A.Town Hall Meeting XIII.Schedule of Meetings and Events as of October 18, 2016 XIV.Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing ampliKcation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: October 18, 2016 Agenda Item #: V.A. To:Mayor and City Council Item Type: Minutes From:Debra A. Mangen, City Clerk Item Activity: Subject:Approve Minutes of October 5, 2016 Work Session and October 5, 2016 Regular Meeting CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve minutes. INTRODUCTION: ATTACHMENTS: Description Draft Minutes Work Session October 5, 2016 Draft Minutes Regular Meeting October 5, 2016 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 5, 2016 5:30 P.M. Mayor Hovland called the work session of the Edina City Council to order 5:30 p.m. ROLL CALL Answering rollcall was: Members Brindle, Staunton, Stewart, Swenson and Mayor Hovland Edina City Staff attending the meeting: Jennifer Bennerotte, Community & Technology Services Director; Jeff Brown, Community Health Administrator; Kelly Dumais, City Management Fellow; Michael Frey, Art Center General Manager; MJ Lamon, Project Coordinator; Debra Mangen, City Clerk; Scott Neal, City Manager; Joyce Repya, Senior Planner; Lisa Schaefer, Assistant City Manager and Cary Teague, Community Development Director. BOARD AND COMMISSION 2017 PROPOSED WORK PLANS The following chairs from City Boards and Commission met with the City Council to review their respective board or commissions 2017 Draft Work Plans: Arts and Culture Commission Chair Anne Miller; Community Health Commission Britta Orr; Energy & Environment Commission Sarah Zarrin; Heritage Preservation Board Chair Michael Birdman; Human Rights & Relations Commission Pat Arseneault; Park Board Chair Brenda McCormick; Planning Commission Chair JoAnn Olsen; and Transportation Commission Chair Tom LaForce. The Chairs and Council discussed the 2017 Work Plans. The next steps will be to finalize the drafts and the Council will consider them at a later meeting. ADJOURNMENT Mayor Hovland adjourned the meeting at 6:55 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, October 18, 2016. James B. Hovland, Mayor Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 5, 2016 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. II. ROLLCALL Answering rollcall were Members Brindle, Staunton, Stewart, Swenson, and Mayor Hovland. III. MEETING AGENDA APPROVED Member Brindle made a motion, seconded by Member Swenson, approving the meeting agenda. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IV. COMMUNITY COMMENT Bob Moore, Edina Historical Society, invited the public to attend the new exhibit at Southdale Mall recognizing it as a cultural landmark as the first enclosed climate-controlled shopping center constructed in 1956. V. CONSENT AGENDA ADOPTED Member Staunton made a motion, seconded by Member Stewart, approving the consent agenda as revised to remove Item V.J., Acceptance of Master License Agreement with Horizon, as follows: V.A. Approve Minutes of September 20, 2016 Work Session and September 20, 2016 Regular City Council Meetings V.B. Receive Payment of Claims as Per: Pre-List Dated September 22, 2016 and consisting of 26 pages; General Fund $349,354.77, Police Special Revenue $680.31, Pedestrian And Cyclist Safety $153,895.08, Working Capital Fund $823,479.95, Equipment Replacement Fund $180,904.00, Art Center Fund $10,980.49, Aquatic Center Fund $41.75, Golf Course Fund $4,445.49, Ice Arena Fund $40,096.41, Sports Dome Fund $121.48, Edinborough Park Fund $5,201.58, Centennial Lakes Park Fund $596.38, Liquor Fund $209,826.70, Utility Fund $399,745.27, Storm Sewer Fund $211,969.64, PSTF Agency Fund $145,920.62, Centennial TIF District $14,471.97; TOTAL: $2,551,731.89 and per Pre-List Dated September 29, 2016 and consisting of 36 pages; General Fund $286,868.12, Police Special Revenue $4,116.45, Pedestrian And Cyclist Safety $46,459.18, Arts And Culture Fund $54.00, Working Capital Fund $838,798.36, PIR Construction Fund $14,253.24, Equipment Replacement Fund $47,669.28, Cando Fund $75.90, Art Center Fund $1,624.77, Golf Dome Fund $876.36, Aquatic Center Fund $13,314.64, Golf Course Fund $27,724.26, Ice Arena Fund $21,220.12, Edinborough Park Fund $18,074.98, Centennial Lakes Park Fund $3,051.63, Liquor Fund $164,841.15, Utility Fund $408,640.88, Storm Sewer Fund $258,162.73, Risk Mgmt ISF $26,348.11, PSTF Agency Fund $537.86, Centennial TIF District $4,153.50, Minutes/Edina City Council/October 5, 2016 Page 2 Southdale 2 District $680.00, Payroll Fund $2,590.30; TOTAL: $2,190,135.82 and Credit Card Transactions June 27, 2016 – July 24, 2016 TOTAL: $31,079.27 V.C. Adopt Resolution No. 2016-100 Authorizing Grant Application to Minnesota Department of Employment and Economic Development for New Medical Office Building Located at 7700 France Avenue V.D. Adopt Resolution No. 2016-101 Authorizing Hennepin County Grant Application for New Medical Office Building Located at 7700 France Avenue V.E. Adopt Resolution No. 2016-102 Authorizing Grant Application for Metropolitan Council's Tax Base Revitalization Account for New Medical Office Building Located at 7700 France Avenue V.F. Approve Request for Purchase Cardiac Monitors for Fire Department, awarding the bid to the recommended low bidder, Zoll Medical Corporation for $142,565.96 V.G. Adopt Resolution No. 2016-88 Appointing Election Judges for November 8, 2016 V.H. Adopt Resolution No. 2016-104 Setting Public Improvement Hearing for November 1, 2016, for Parklawn Avenue Reconstruction V.I. Adopt Ordinance 2016-15 Amending Chapter 24 of Edina City Code V.J. Acceptance of Master License Agreement with Verizon V.K. Approve Authorization to Participate in 2017-2018 Fuel Consortium Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA V.J. ACCEPTANCE OF MASTER LICENSE AGREEMENT WITH VERIZON – APPROVED Council thanked staff for their work on improving cell service in the area as well as additional revenue for use of City right-of-way. Member Staunton made a motion, seconded by Member Swenson, approving acceptance of Master License Agreement with Verizon. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VI. SPECIAL RECOGNITIONS AND PRESENTATIONS None VII. PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. VII.A. WEED MOWING, IMPROVEMENT NO. WD-16, RESOLUTION NO. 2016-91 – ADOPTED Public Works Director Presentation Public Works Director Olson stated the Parks and Recreation Maintenance Department cut weeds on 19 properties which involved costs associated with the use of a tractor and staff time. He described the resident notification process and outlined costs that should now be assessed to the property owner for payment to the City. Mayor Hovland opened the public hearing at 7:09 p.m. Public Testimony None Minutes/Edina City Council/October 5, 2016 Page 3 Member Staunton made a motion, seconded by Member Stewart, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution No. 2016-91, Levying Special Assessments for Improvement No. WD-16 Weed Mowing. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.B. 50TH AND FRANCE MAINTENANCE IMPROVEMENT NO. M-16, RESOLUTION NO. 2016-92 ADOPTED Public Works Director Presentation Mr. Olson presented an Analysis of Assessment, Final Assessment Roll, and Certificate of Mailing including Notice of Public Hearing and other supporting documentation for each proposed assessment. Mr. Olson shared the methodology for assessing the maintenance expenses for the 50th France business district, stating there was a concerted effort from the Assessing Department on how to measure the area for each of the businesses that were eligible to be assessed. This methodology change presented an increase of square feet to be assessed. The results identified 416,768 square feet for assessment and since the project was completed in 2015, there was only a slight increase of approximately $10,000. However, there may be additional expenses in 2016 payable in 2017. The cost per square for Maintenance Improvement No. M-16 was $0.5990. Mayor Hovland opened the public hearing at 7:13 p.m. Public Testimony None Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2016-92, Levying Special Assessments for Public Improvements, 50th and France Maintenance Improvement No. M-16. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.C. GRANDVIEW BUSINESS DISTRICT MAINTENANCE IMPROVEMENT NO. G-16, RESOLUTION NO. 2016-93 – ADOPTED Public Works Director Presentation Mr. Olson presented Analysis of Assessment, Final Assessment Roll, and Certificate of Mailing including the Notice of Public Hearing, and other supporting documentation for each proposed assessment. He stated the Grandview Business District maintenance assessment changed from Minutes/Edina City Council/October 5, 2016 Page 4 $0.0119 per square foot in 2015 to $0.0227 per square foot in 2016, primarily due to the increased level of maintenance required in the landscaping within the district. Mayor Hovland opened the public hearing at 7:15 p.m. Public Testimony None Member Swenson made a motion, seconded by Member Stewart, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2016-93, Levying Special Assessments for Public Improvements, Grandview Business District Maintenance Improvement No. G-16. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.D. AQUATIC VEGETATION, IMP. NO. AQ-16, RESOLUTION NO. 2016-90 – ADOPTED City Engineer Presentation City Engineer Millner described the City’s Aquatic Vegetation Management Program that was administered at the request of homeowners and not required by the City or Department of Natural Resources. He presented the assessments for Arrowhead Lake at $6,478.31 or $179.95 residential equivalent unit (REU); Indianhead Lake at $5,321.62 or $161.26 per REU. He stated the Mill Pond had not been included in 2014 but could be, noting that following a review of service level and assessment boundary in 2015, a tiered REU strategy was implemented. The assessment for Mill Pond was $15,056 or $299.92 per REU; $197.95 per .66 REU; and, $98.97 per .33 REU. Staff answered questions of the Council related to frequency of milfoil removal and assessment costs. Mr. Millner shared the schedule of removal and said staff would follow-up with residents to determine if the timing was helpful. Mayor Hovland opened the public hearing at 7:20 p.m. Public Testimony Ralph Zickert, 4311 Cornelia Circle, addressed the Council. Member Swenson made a motion, seconded by Member Stewart, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Staff answered questions of Council regarding money spent for the Lakes and Ponds Policy and the chemical treatment for algae. Minutes/Edina City Council/October 5, 2016 Page 5 The Council confirmed the Policy encouraged neighborhoods surrounding lakes to work together to manage their lake through an association and mechanical harvesting versus chemical harvesting due to being part of Minnehaha Creek. The Council noted the resolution would not avoid vegetation maintenance but worked in response to the neighborhood in its entirety. Member Swenson introduced and moved adoption of Resolution No. 2016-90, Levying Special Assessments for Public Improvements, Aquatic Vegetation, Imp. No. AQ-16. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.E. VALLEY VIEW ROAD RECONSTRUCTION, RESOLUTION NO. 2016-94 – ADOPTED City Engineer Presentation Mr. Millner summarized the 2015 Street Reconstruction survey results that included the following neighborhoods: Arden Park D, Birchcrest B, Countryside H, Dewy Hill G, Prospect Knolls B, in addition to Valley View Road and West 54th Street. Mr. Millner summarized the Valley View Road improvements, Project BA-377, noting it was a State aid route so 20% of the costs are assessed and 80% are paid from the gas tax. The costs were as follows: street at $1,018,611.11; storm sewer at $847,288.84; sanitary sewer at $51,900.35; water main at $187,021.40; and, sidewalks (PACS) at $185,496.82. The City Utility Fund would cover about 48% or $1,086,210.59 of these costs. The assessment cost of $228,104.77 would be assessed at $7,523.24 per REU, which was a 31% increase over the estimated assessment of $7,500. Staff recommended approval of Resolution No. 2016-94. The Council commented on how well this improvement project had been received. Mayor Hovland opened the public hearing at 7:40 p.m. Public Testimony None Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Stewart introduced and moved adoption of Resolution No. 2016-94, Levying Special Assessments for Public Improvements, Valley View Road Reconstruction. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.F. BIRCHCREST B NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION NO. 2016-95 – ADOPTED City Engineer Presentation Minutes/Edina City Council/October 5, 2016 Page 6 Mr. Millner summarized the Birchcrest B Neighborhood Road improvements and identified the project area. The costs were as follows: street at $1,702,119.84; storm sewer at $1,031,446.75; sanitary sewer at $513,595.84; water main at $372,812.19; and, Sidewalks (PACS) at $165,287.81. The City Utility Fund would cover about 54% or $1,917,854.78 of these costs. The assessment cost of $1,702,119.84 would be assessed at $12,225.24 per REU, which was a 2% reduction over the estimated assessment of $12,500. Staff recommended approval of Resolution No. 2016-95. Staff answered questions of the Council related to same unit costs. Mayor Hovland opened the public hearing at 7:43 p.m. Public Testimony Patrick Rounds, 5115 Valley View Road, addressed the Council. Judd Rietkek, 6109 Tingdale Avenue, addressed the Council. Al Kilian, 5112 Roberts Place, addressed the Council. Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Mr. Millner answered questions of the Council regarding costs on bid results that were below estimated engineer’s assessments, reasons bituminous was the best alternative, sidewalk being part of the change order, the extra fill costs still within the contingency, estimated assessment costs, and fairly allocating savings between City and residents. Member Swenson introduced and moved adoption of Resolution No. 2016-95, Levying Special Assessments for Public Improvements for Birchcrest B Neighborhood Roadway Reconstruction. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.G. ARDEN PARK D AND W. 54TH STREET NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION NO. 2016-96 – ADOPTED City Engineer Presentation Mr. Millner summarized the Arden Park D and W. 54th Street Neighborhood Road Improvements and identified the project area. The costs were as follows: street at $2,276,686.96; storm sewer at $1,290,050.91; sanitary sewer at $1,055,850.81; water main at $1,489,296.87; sidewalks (PACS) at $110,080.48, and streetlight at $70,560.93. The City Utility Fund would cover about 49% or $3,835,198.59 (combined with W. 54th Street) of these costs. The assessment cost of $2,276,686.96 would be assessed at $9,549.06 per REU, which was a 15% reduction over the estimated assessment of $11,300. He explained the street project was combined with W. 54th Street, which was a State aid road. The W. 54th Street assessment cost of $164,444.12 would be assessed at $5,960.28 per REU, which was a 7% reduction over the estimated assessment of $6,400. Staff recommended approval of Resolution No. 2016-96. Minutes/Edina City Council/October 5, 2016 Page 7 Mayor Hovland opened the public hearing at 8:00 p.m. Public Testimony None Member Brindle made a motion, seconded by Member Swenson, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Brindle introduced and moved adoption of Resolution No. 2016-96, Levying Special Assessments for Public Improvements, Arden Park D and W. 54th Street Neighborhood Roadway Reconstruction. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VII.H. COUNTRYSIDE H NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION NO. 2016-97 – ADOPTED City Engineer Presentation Mr. Millner summarized the Countryside H Neighborhood Road Improvements and identified the project area. The costs were as follows: street at $1,564,092.79; storm sewer at $868,455.19; sanitary sewer at $456,985.76; water main at $242,534.34; and, sidewalks (PACS) at $235,674.88. The City Utility Fund would cover about 50% or $1,567,975.29 of these costs. The assessment cost of $1,564,092.79 would be assessed at $9,537.73 per REU, which was a 19% reduction over the estimated assessment of $11,732.45. Staff recommended approval of Resolution No. 2016-97. Mayor Hovland opened the public hearing at 8:02 p.m. Public Testimony None The Council acknowledged the City had partnered with the school district to provide connectability, noting the cost of the sidewalk was not part of the proposed assessment. Member Stewart made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2016-97, Levying Special Assessments for Public Improvements, Countryside H Neighborhood Roadway Reconstruction. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Minutes/Edina City Council/October 5, 2016 Page 8 VII.I. PROSPECT KNOLLS B AND DEWEY HILL G NEIGHBORHOOD ROADWAY RECONSTRUCTION, RESOLUTION NO. 2016-98 – ADOPTED City Engineer Presentation Mr. Millner summarized the Prospect Knolls B Neighborhood Road Improvements and identified the project area. The costs were as follows: street at $316,003.89; storm sewer at $554,204.97; sanitary sewer at $142,057.72; and water main at $222,000.16. The City Utility Fund would cover about 62% or $908,262.85 (combined with Dewey Hill G) of these costs. The assessment cost of $316,003.89 would be assessed at $8,652.89 per REU, which was a 30% reduction over the estimated assessment of $12,274. Mr. Millner summarized the Dewy Hill G Neighborhood Road Improvement and identified the project area. The street assessment cost of $338,563.19 would be assessed at $9,862.02 per REU, which was a 21% reduction over the estimated assessment of $12,507. Staff recommended approval of Resolution No. 2016-98. Mr. Millner answered questions of the Council related to why the projects were combined, outstanding issues regarding residents and landscaping, driveway width and fill concerns, hydroseeding progress, and insurance claim status. Mayor Hovland opened the public hearing at 8:11 p.m. Public Testimony None Member Swenson made a motion, seconded by Member Brindle, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson introduced and moved adoption of Resolution No. 2016-98, Levying Special Assessments for Public Improvements, Countryside H Neighborhood Roadway Reconstruction. Member Stewart seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Council thanked Mr. Millner and staff for their project management. VII.J. PRELIMINARY AND FINAL REZONING WITH VARIANCES AT 4500 VALLEY VIEW ROAD FOR PETE – RESOLUTION NO. 2016-89 AND ORDINANCE NO. 2016-16 ADOPTED Community Development Director Presentation Community Development Director Teague presented a proposal requesting approval of preliminary and final rezoning with variances at 4500 Valley View Road to remodel and expand the existing gas station into a restaurant. Mr. Teague said the Planning Commission recommended approval of the rezoning and all the variances with an added condition to require a proof of parking agreement to re-stripe the parking lot for more spaces, if necessary. The Commission also Minutes/Edina City Council/October 5, 2016 Page 9 asked the Council to consider additional landscaping and benches in the public space at the corner of Valley View and Wooddale. Staff answered questions of the Council confirming the amount of property being rezoned was just the gas station portion of the site. Mayor Hovland opened the public hearing at 8:22 p.m. Public Testimony Krista Ramirez, 5917 Concord Avenue, addressed the Council. Scott Nelson, 4505 Garrison Lane, addressed the Council. Connie Carrino, 4509 Garrison Lane, addressed the Council. Pete Rifakes, founder of Town Hall Brewery, addressed the Council. James Westin 4501 Garrison Lane, addressed the Council. Mary Kosters, 5813 Tingdale Avenue, addressed the Council. Member Swenson made a motion, seconded by Member Stewart, to close the public hearing. Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Staff answered questions of the Council regarding hours of operation, concerns regarding signage and setting a precedent for wall signage and image, keeping the existing structure while regenerating character, adding a finding that the roof sign not be drilled into or obscured, option of a vestibule included heated fan to keep cold air from coming into the entrance on the corner, creating entrance with more identity such as a mural that included the sign of Town Hall Station, expanding the screening to behind the signage, creating safe pedestrian crossing from shops to restaurant, including waste receptacles near the curved stone wall as well as bike racks for 12 bikes, eliminating one entrance to keep cars away entrances into the shopping center, soil cleanup responsibility, concerns about underage consumption, public improvements and cost sharing for sidewalk ratio, and dedication of public gathering space. Member Staunton introduced and moved adoption of Resolution No. 2016-89, approving Preliminary and Final Rezoning from PCD-4, Planned Commercial District to PCD-1 Planned Commercial District – I and Site Plan Review with Variances for building setback, rooftop and pylon signs and parking spaces; and denial of the wall sign and rooftop sign variances for 4500 Valley View Road, subject to the following findings for denial of the wall sign variance and conditions of approval for the above listed variance: Findings for denial of the wall sign variance subject to the following: 1. Lack of a practical difficulty Denial of the variance would not cause a practical difficulty for the applicant. Signage could still be applied to the building. The proposed rooftop Minutes/Edina City Council/October 5, 2016 Page 10 signs could be relocated below the roofline. The wall sign could be reduced in size to 15% of the wall face. 2. The City has not granted variances to allow retail signs above the roofline, or variances to exceed the 15% wall face provision. 3. Approval of the variance could set a precedent for similar requests. Conditions for approval: 1. 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 July 22, 2016. • Grading plan date stamped July 22, 2016. • Landscaping plan date stamped July 22, 2016. • Building elevations date stamped July 22, 2016. 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. A performance bond, letter-of-credit, or cash deposit must be submitted to one and one-half times the cost amount for completing the required landscaping, screening, or erosion control measures at the time of any building permit. The property owner is responsible for replacing any required landscaping that dies after the project is built. 3. Compliance with all of the conditions outlined in the City Engineer’s memo dated September 16, 2016. 4. Provision of code compliant bike racks (5 minimum) near the building entrances. 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. Roof-top mechanical equipment shall be screened from adjacent residential property, per Section 36-1459 of the City Code. 7. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the Zoning Ordinance. Lighting shall be down lit. 8. Proof of Parking Agreement to re-stripe the parking lot if necessary. 9. City Council approval of a Cost Sharing Agreement for construction of the public improvements. Member Swenson seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. Member Swenson made a motion to grant First and waive Second Reading adopting Ordinance No. 2016-16, Rezoning 4500 Valley View Road from PCD-4 to PCD-1, Planned Commercial District. Member Staunton seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. VIII. REPORTS / RECOMMENDATIONS VIIIA. SKETCH PLAN: 5109-5125 WEST 49TH STREET. ED BRIESEMEISTER, GREAT OAKS – REVIEWED Minutes/Edina City Council/October 5, 2016 Page 11 Community Development Director Teague asked Council to provide non-binding comments and suggestions of a proposal to redevelop three lots into a for-sale condominium project. Council shared comments about the importance of obtaining the input of neighboring property owners, increase in elevation of Vernon Avenue/49th Street, the potential for bicycle access in addition to pedestrian access, screening options including more than trees, discussions that resulted in inclusionary housing versus affordable housing options, need to mitigate transition to greenspace, and suggested a 96-foot versus 76-foot difference between buildings. The Council was pleased with the variety of two-bedroom units and options of more moderate rent amounts in order to encourage residents to remain in Edina. Edward Briesemeister, representing Great Oaks, said they would work to make adjacent neighborhood happy and resolve adjacency issue. VIII.B. FINAL REZONING, FINAL SITE PLAN WITH VARIANCES, FINAL PLAT AND DEVELOPMENT CONTRACT FOR OPUS LLC AT 5901 LINCOLN DRIVE, RESOLUTION NO. 2016-81 AND ORDINANCE NO. 2016-12 – ADOPTED Community Development Director Teague said that on August 16, 2016, the City Council granted preliminary approval of this project. The applicant had satisfied the conditions that were required with the preliminary approval and the proposed plans are consistent with that approval. It was noted the City Attorney had drafted the development contract. Member Staunton recused himself from this item, stating his spouse was a member of the leadership team of Children’s Hospital and Clinics of Minnesota, a major tenant of other half of this parcel that was part of this proposal. Member Staunton stated he shared this conflict at the last meeting, was making the statement again, and recusing himself from any discussion of this item. The Council and Mr. Teague discussed the condition of approval on the crosswalk across Lincoln Drive, lighting issues, sight line, and landscape plans. Phil Cattanach, representing Opus Development, described berm and other landscape enhancements along the southern property line, noting that berming plan had been shared with the property owners. Member Swenson introduced and moved adoption of Resolution No. 2016-81 Final Rezoning, Final Site Plan with Variances, Final Plat and Development Contract for Opus LLC at 5901 Lincoln Drive, conditioned on the following: 1. Subject to staff approval, the site must be developed and maintained in substantial conformance with the following plans, unless modified by a condition below: • Site plan date stamped August 26, 2016. • Grading plan date stamped August 26, 2016. • Lighting plan date stamped August 26, 2016. • Landscaping plan date stamped August 26, 2016. • Building elevations date stamped August 26, 2016. • Building materials board as presented at the Planning Commission and City Council meeting. Minutes/Edina City Council/October 5, 2016 Page 12 2. No ground level mechanical equipment shall be located in front of the building on a public street. 3. The Final Landscape and Irrigation Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 4. The Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the Zoning Ordinance. 5. Compliance with all of the conditions outlined in the Director of Engineering’s memo dated June 13, 2016, including the requirement for a development agreement. 6. The applicant is providing fee-in-lieu of affordable housing in the amount of two million dollars to allow the City to build affordable housing units elsewhere. Payment shall be due at the time of building permit application. 7. A shared parking arrangement to allow residents and guests to use the parking ramp on evenings and weekends. 8. The residential site shall be held to the high density residential sign requirements and the office site the planned office district regulations. 9. A construction management plan shall be submitted at the time of building permit application; including hours of construction, construction staging, traffic control, parking, restrictions on parking on Lincoln Drive, and pedestrian access. Construction management plan shall be subject to approval by City staff. 10. The Park Dedication fee of $1,250,000 shall be paid prior to release of the mylars approving the Final Plat. 11. Submit a copy of the Nine Mile Creek Watershed District permit. The City may require revisions to the approved plans to meet the District’s requirements. 12. Additional trail connection shall be made at the southwest corner of the site to connect the sidewalk along Lincoln Drive to the internal trail on the south and east side of the building. 13. The boulevard style sidewalk north of the Children’s entrance shall meander similar to the sidewalk south of Children’s. 14. Create traffic calming on the south drive entrance to the underground parking. Member Brindle seconded the motion. Member Stewart commented that he would be voting against this proposal consistent with his earlier vote. Ayes: Brindle, Swenson, Hovland Nays: Stewart Recused: Staunton Motion carried. Member Swenson made a motion to grant Second Reading adopting Ordinance No. 2016-12 Rezoning 5901 Lincoln Drive from PID, Planned Industrial District to MDD-5, Mixed Development District. Member Brindle seconded the motion. Roll call: Ayes: Brindle, Swenson, Hovland Nays: Stewart Recused: Staunton Motion carried. Minutes/Edina City Council/October 5, 2016 Page 13 VIII.C. HUMAN RIGHTS AND RELATIONS COMMISSION (HRRC): INDIGENOUS PEOPLES DAY DESIGNATION, RESOLUTION NO. 2016-105 – ADOPTED Human Rights and Relations Commissioner Ellen Kennedy presented the recommendation of the Human Rights and Relations Commission (HRRC) to recognize the second Monday of October as Indigenous Peoples Day. The Council shared comments about displacing Columbus Day, this being a sideways swipe at Italian Americans and should not displace Columbus Day. The Council agreed the City should celebrate Native American culture and referred to May as Indian Month and November as federally recognized Native American Heritage Month. Ms. Kennedy noted Columbus Day was currently not recognized in the City of Edina and the HRRC was suggesting adding this as a designation and following the path of other cities such as Minneapolis and St. Paul. The Council indicated it was not in its purview to create national holidays. Ms. Kennedy said this was the date chosen by some other native peoples, confirmed no cost would apply, and explained this action would not nullify the existence of Columbus Day. Member Brindle introduced and moved adoption of Resolution No. 2016-105 Relating to Indigenous Peoples Day; Declaring the Second Monday in October as Indigenous Peoples Day in the City of Edina; Encouraging Other Institutions to Recognize the Day; and Reaffirming the City’s Commitment to Promote the Well-Being and Growth of Edina’s and Minnesota’s American Indian and Indigenous Community. Member Staunton seconded the motion. Ayes: Brindle, Staunton Nays: Swenson, Hovland Abstain: Stewart Motion failed. Council directed the HRRC to research designation of May or November as Native American Heritage Month. VIII.D. RESOLUTION NO. 2016-103 ADOPTED – ACCEPTING VARIOUS GRANTS AND DONATIONS Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Swenson introduced and moved adoption of Resolution No. 2016-103 accepting various grants and donations. Member Brindle seconded the motion. Rollcall: Ayes: Brindle, Staunton, Stewart, Swenson, Hovland Motion carried. IX. CORRESPONDENCE AND PETITIONS IX.A. CORRESPONDENCE Mayor Hovland acknowledged the Council’s receipt of various correspondence, noting the Council had commented on the algae issue and potentially planting buffer foliage near Lake Cornelius. Minutes/Edina City Council/October 5, 2016 Page 14 IX.B. MINUTES – None X. AVIATION NOISE UPDATE – Received XI. MAYOR AND COUNCIL COMMENTS – Received XII. MANAGER’S COMMENTS – Received XIII. SCHEDULE OF MEETINGS AND DATES AS OF OCTOBER 5, 2016 – Received XIV. ADJOURNMENT There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 10:46 p.m. Respectfully submitted, Debra A. Mangen, City Clerk Minutes approved by Edina City Council, October 18, 2016. James B. Hovland, Mayor Video Copy of the October 5, 2016, meeting available. Date: October 18, 2016 Agenda Item #: V.B. To:Mayor and City Council Item Type: Claims From:Eric Roggeman, Finance Director Item Activity: Subject:Receive Payment of Claims As Per: Pre-List Dated 10/06/2016 TOTAL: $865,569.63 And Per Pre-List Dated 10/13/2016 TOTAL: $1,605,596.88 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve claims for payment. INTRODUCTION: Claims list is attached. ATTACHMENTS: Description Claims Pre-List Dated 10/06/2016 TOTAL: $865,569.63 Claims Pre-List Dated 10/13/2016 TOTAL: $1,605,596.88 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 1 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 3762 10/6/2016 102971 ACE ICE COMPANY 158.80 413085 2047116 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 78.40 413327 2051159 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 14.25 413328 2051168 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 251.45 3763 10/6/2016 101355 BELLBOY CORPORATION 164.41 413089 55500100 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 274.35 413335 55611400 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 767.75 413337 55619100 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 274.35 413336 55619300 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 368.92 413091 6688900 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 203.08 413090 94653300 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 53.24 413339 94688200 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 117.73 413338 94689600 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 2,223.83 3764 10/6/2016 100648 BERTELSON OFFICE PRODUCTS 67.77 LABELS 413242 OE-428916-1 1261.6406 GENERAL SUPPLIES CONSTRUCTION MANAGEMENT 53.64 MAILING LABELS 00009493 413284 WO-206720-1 5110.6513 OFFICE SUPPLIES ART CENTER ADMINISTRATION 16.78 SCISSORS 00009495 413285 WO-209887-1 5110.6513 OFFICE SUPPLIES ART CENTER ADMINISTRATION 138.30 OFFICE SUPPLIES 413155 WO-228994-1 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 63.32 ERASERS, SHIPPING TAGS 00002251 413241 WO-229934-1 5710.6513 OFFICE SUPPLIES EDINBOROUGH ADMINISTRATION 53.08 OFFICE SUPPLIES 413286 WO-230429-1 1600.6406 GENERAL SUPPLIES PARK ADMIN. GENERAL 392.89 3765 10/6/2016 100659 BOYER TRUCK PARTS 79.72 BELT 00005686 413157 1092728 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 79.72 3766 10/6/2016 102372 CDW GOVERNMENT INC. 899.99 SCANNER FOR FINANCE 413158 FLC2777 4622.6710 EQUIPMENT REPLACEMENT Automated AP - Tungsten 899.99 3767 10/6/2016 130477 CLEAR RIVER BEVERAGE CO 60.00 413113 67-746 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 60.00 3768 10/6/2016 104020 DALCO 334.12 CLEANING SUPPLIES 413012 3075933 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 334.12 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 2 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 3768 3769 10/6/2016 10/6/2016 104020 DALCO 124541 GEYEN GROUP Continued... 293.91 CARPET CLEANING 413296 26266 5420.6230 SERVICE CONTRACTS EQUIPMENT CLUB HOUSE 293.91 3770 10/6/2016 129508 IMPACT 4,032.70 SEPT 2016 BILLINGS 413027 117173 5902.6103 PROFESSIONAL SERVICES UTILITY BILLING - FINANCE 718.98 2016 CERT. MAILING 413028 117204 5902.6103 PROFESSIONAL SERVICES UTILITY BILLING - FINANCE 4,751.68 3771 10/6/2016 100814 INDELCO PLASTICS CORP. 624.62 CHEM. FEED REPAIRS 00001606 413029 1018673 5915.6530 REPAIR PARTS WATER TREATMENT 624.62 3772 10/6/2016 108618 JEFFERSON FIRE & SAFETY INC. 411.17 BOOTS 00003825 413300 228461 1470.6552 PROTECTIVE CLOTHING FIRE DEPT. GENERAL 411.17 3773 10/6/2016 101792 LUBE-TECH 1,066.66- 413035 31963 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 1,066.66 413034 826232 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 4,517.33 OIL, TRANS FLUID 413033 828286 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 4,517.33 3774 10/6/2016 112577 M. AMUNDSON LLP 915.86 413384 224949 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 744.81 413386 224950 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,563.18 413385 224951 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 3,223.85 3775 10/6/2016 101483 MENARDS 20.74 CLEANING SUPPLIES 00007501 413303 21561 5511.6511 CLEANING SUPPLIES ARENA BLDG/GROUNDS 20.95 HOOKS, TAPE MEASURE 00001666 413038 23718 5934.6406 GENERAL SUPPLIES STORM LIFT STATION MAINT 32.49 GREEN HOUSE MATERIALS 00005555 413196 23991 450008.6710 EQUIPMENT REPLACEMENT Arneson Acres Greenhouse 74.18 3776 10/6/2016 119620 POMP'S TIRE SERVICE INC. 907.14 TIRES 00005518 413044 210246237 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 291.00 TIRES 00005535 413205 210252141 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 394.75 TIRES 00005535 413204 210252143 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3776 10/6/2016 119620 POMP'S TIRE SERVICE INC. Continued... 1,592.89 3777 10/6/2016 106322 PROSOURCE SUPPLY 859.70 LINERS, TOWELS, GLOVES 00002005 413310 10654 5761.6511 CLEANING SUPPLIES CENTENNIAL LAKES OPERATING 581.73 BLEACH, TOWELS, LINERS 00002246 413258 10755 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 546.30 GLOVES, DISINFECTANT, SOAP 00002249 413259 10763 5720.6511 CLEANING SUPPLIES EDINBOROUGH OPERATIONS 1,987.73 3778 10/6/2016 100977 RICHFIELD PLUMBING COMPANY 906.68 REPLACE TRUCK FILL PIPE 413207 69438 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 906.68 3779 10/6/2016 101015 STREICHERS 1,021.50 BALL. VEST 413262 11227159 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 1,021.50 BALL. VEST 413212 11228272 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 2,043.00 3780 10/6/2016 119454 VINOCOPIA 204.67 413404 0162163-IN 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 361.00 413405 0162165-IN 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 498.50 413403 0162166-IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,064.17 3781 10/6/2016 101033 WINE COMPANY, THE 417.50 413148 15413 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,281.80 413406 15428 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,273.23 413149 15434 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,972.53 408269 10/6/2016 100612 A.M. LEONARD 268.76 RAKES, SHOVELS 413153 CI16164903 5761.6406 GENERAL SUPPLIES CENTENNIAL LAKES OPERATING 268.76 408270 10/6/2016 137037 ALLIED BLACKTOP COMPANY 10,015.07 SEAL COATING 413237 22585 1314.6517 SAND GRAVEL & ROCK STREET RENOVATION 32,165.60 SEAL COATING 413237 22585 1314.6519 ROAD OIL STREET RENOVATION 40,551.83 SEAL COATING 413237 22585 1301.6519 ROAD OIL GENERAL MAINTENANCE 82,732.50 408271 10/6/2016 100632 AQUA ENGINEERING R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 4 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408271 10/6/2016 100632 AQUA ENGINEERING Continued... 125.00 WINTERIZE IRRIGATION 00002016 413238 77734 5720.6180 CONTRACTED REPAIRS EDINBOROUGH OPERATIONS 125.00 408272 10/6/2016 132031 ARTISAN BEER COMPANY 80.00 413086 3127681 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,402.50 413087 3127685 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 373.50 413330 3129088 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 133.50 413331 3129089 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 580.95 413333 3129090 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,302.35 413332 3129091 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,290.95 413329 3129092 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 10.00- 413088 358848 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6,153.75 408273 10/6/2016 102195 BATTERIES PLUS 29.99 BATTERY 00005682 413154 018-415402 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 29.99 408274 10/6/2016 136267 BAUHAUS BREW LABS LLC 565.00 413334 11154 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 565.00 408275 10/6/2016 131191 BERNATELLO'S PIZZA INC. 360.00 PIZZA 413240 4653233 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 288.00 PIZZA 413239 4654046 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 648.00 408276 10/6/2016 125139 BERNICK'S 20.00 413095 321275 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 617.60 413094 321276 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 796.49 413092 321277 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 263.55 413093 321278 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,697.64 408277 10/6/2016 139301 BLAINE'S CUSTOM LANDSCAPES 900.00 DRIVEWAY REPAIR 413321 092416 05553.1705.21 CONSULTING INSPECTION Prospect Knolls B Reconstructi 900.00 DRIVEWAY REPAIR 413321 092416 04410.1705.21 CONSULTING INSPECTION Prospect Knolls B Reconstructi 1,800.00 408278 10/6/2016 105367 BOUND TREE MEDICAL LLC R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 5 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408278 10/6/2016 105367 BOUND TREE MEDICAL LLC Continued... 252.06 AMBULANCE SUPPLIES 00003838 413156 82279089 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 252.06 408279 10/6/2016 119351 BOURGET IMPORTS 443.02 413340 136646 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING YORK SELLING 398.00 413341 136647 5842.5513 COST OF GOODS SOLD WINE 841.02 408280 10/6/2016 124291 BREAKTHRU BEVERAGE MINNESOTA 206.01 413098 1080531016 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 206.01 413103 1080531017 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 3,365.24 413096 1080532846 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,336.33 413097 1080532848 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 282.48 413100 1080532851 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 783.43 413099 1080532852 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 977.62 413101 1080532853 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 3,332.94 413102 1080532884 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 3,508.59 413104 1080532886 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 10,078.09 413342 1080532887 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,164.24 413343 1080532888 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 146.30 413344 1080532889 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 92.42- 413345 2080149807 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 26,294.86 408281 10/6/2016 124529 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 6,329.05 413106 1090617548 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,274.00 413105 1090617549 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 1,311.95 413107 1090618440 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 48.60 413108 1090618481 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 2,833.55 413347 1090620584 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 580.15 413346 1090620586 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,075.10 413348 1090620587 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 16,452.40 408282 10/6/2016 139281 BRYAN, BLAKE 20.00 OVERPAYMENT REFUND 413009 19AVUB1587471 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 20.00 408283 10/6/2016 119455 CAPITOL BEVERAGE SALES 610.95 413349 1022171 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 6 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408283 10/6/2016 119455 CAPITOL BEVERAGE SALES Continued... 3,435.90 413112 1022172 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 132.00 413111 1028387 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 77.60 413109 134020 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 42.20- 413110 254-11 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 4,214.25 408284 10/6/2016 112561 CENTERPOINT ENERGY 22.78 10089900-4 413163 10089900-9/16 1646.6186 HEAT BUILDING MAINTENANCE 90.39 10437426-9 413162 10437426-9/16 5553.6186 HEAT SPORTS DOME BLDG&GROUNDS 460.51 5546504-1 413160 5546504-9/16 1470.6186 HEAT FIRE DEPT. GENERAL 1,769.55 5591458-4 413159 5591458-9/16 1551.6186 HEAT CITY HALL GENERAL 19.25 9546705-6 413010 9546705-9/16 5913.6186 HEAT DISTRIBUTION 745.74 9724639-1 413161 9724639-9/16 5511.6186 HEAT ARENA BLDG/GROUNDS 3,108.22 408285 10/6/2016 102804 CENTURY COLLEGE 2,700.00 EMT TRAINING 413164 00625407 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 2,700.00 408286 10/6/2016 123898 CENTURYLINK 128.98 952 831-0024 413290 0024-9/16- 1552.6188 TELEPHONE CENT SVC PW BUILDING 55.40 952 920-1565 413289 1565-9/16 1646.6188 TELEPHONE BUILDING MAINTENANCE 59.68 952 920-1586 413288 1586-9/16 1554.6188 TELEPHONE CENT SERV GEN - MIS 82.60 952 922-2444 413287 2444-9/16 1554.6188 TELEPHONE CENT SERV GEN - MIS 59.68 952 920-8632 413322 8632-9/16 5913.6188 TELEPHONE DISTRIBUTION 136.59 952 920-9996 E911 413323 9996-9/16 2310.6188 TELEPHONE E911 522.93 408287 10/6/2016 122084 CITY OF EDINA - UTILITIES 94.54 00102561-0112920000 413165 112920000-9/16 5841.6189 SEWER & WATER YORK OCCUPANCY 94.54 408288 10/6/2016 105194 CITY OF RICHFIELD 144.72 YOUTH BOWLING SHIRTS 413291 FALL 2016 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 144.72 408289 10/6/2016 123941 CLAY, CAROL 50.00 JURIED ART SHOW 413269 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 50.00 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 7 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408290 10/6/2016 100692 COCA-COLA DISTRIBUTION Continued... 319.16 413350 3654200639 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 319.16 408291 10/6/2016 101395 COMMISSIONER OF TRANSPORTATION 134.38 CONCRETE PLANT INSPECTIONS 413243 P00006418 07129.1705.21 CONSULTING INSPECTION S129 CORNELIA DR SIDEWALK 64.86 CONCRETE PLANT INSPECTIONS 413243 P00006418 01399.1705.21 CONSULTING INSPECTION 2016 RECON TRACY AVE 257.81 CONCRETE PLANT INSPECTIONS 413243 P00006418 01430.1705.21 CONSULTING INSPECTION VALLEY VIEW & TRACY IMPR 457.05 408292 10/6/2016 139211 CONCORD UNIVERSAL LLC 75.96 UTILITY REFUND - FINAL 413220 5801 DREW AVE 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 75.96 408293 10/6/2016 100695 CONTINENTAL CLAY CO. 953.65 CLAY, GLAZE SUPPLIES 00009502 413292 INV000110399 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 840.73 CLAY 00009506 413293 INV000110909 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 1,794.38 408294 10/6/2016 137004 CR-BPS INC. 13,090.00 ASSET MANAGEMENT 413011 EDENA001-14 45007.6710 EQUIPMENT REPLACEMENT FIRE EXHAUST REMOVAL SYSTEM 13,090.00 408295 10/6/2016 100130 DAKOTA COUNTY 300.00 OUT OF COUNTY WARRANT 413013 092716 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 300.00 408296 10/6/2016 138427 DIXON, RALPHARD 286.00 OFFICIATING FEES 413235 093016 1621.6103 PROFESSIONAL SERVICES ATHLETIC ACTIVITIES 286.00 408297 10/6/2016 124438 DONNAY HOMES 2,500.00 5403 DREW REFUND ESCROW 413168 ED137061 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 2,500.00 5401 DREW REFUND ESCROW 413166 ED138875 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 10,000.00 5403 DREW REFUND CO ESCROW 413169 ED143645 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 10,000.00 5401 DREW REFUND CO ESCROW 413167 ED145167 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 25,000.00 408298 10/6/2016 139238 DUCKETT LAW FIRM LLC 2,550.00 LEADERSHIP TRAINING 413320 BAL DUE 1556.6104 CONFERENCES & SCHOOLS EMPLOYEE SHARED SERVICES 2,550.00 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408298 10/6/2016 408299 10/6/2016 139238 DUCKETT LAW FIRM LLC 101341 EDINA FIREFIGHTER'S RELIEF ASSOCIATION Continued... 414,097.57 STATE FIRE AID 413170 092916 1470.6039 PENSION 49ERS FIRE DEPT. GENERAL 414,097.57 408300 10/6/2016 124000 EIDSNESS, KAYLIN 750.77 CONFERENCE EXPENSES 413 I 71 REIMBURSE 1130.6104 CONFERENCES & SCHOOLS COMMUNICATIONS 750.77 408301 10/6/2016 138295 ELLENZ, MICHAEL 104.00 OFFICIATING FEES 413234 093016 1621.6103 PROFESSIONAL SERVICES ATHLETIC ACTIVITIES 104.00 408302 10/6/2016 122792 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC. 560.66 MICRODASH PREEMPTION LIGHTS 413017 MOB4383 1330.6530 REPAIR PARTS TRAFFIC SIGNALS 220.00 SQUAD REPAIR 413015 MOB4387 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 14,465.09 SQUAD REBUILDS 413016 MOB4388 421400.6710 EQUIPMENT REPLACEMENT POLICE EQUIPMENT 85.00 REPAIR MIRROR LIGHT 413014 MOB4389 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 150.80 REPAIR UNITROL 413244 RP092916-1 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 15,481.55 408303 10/6/2016 104733 EMERGENCY MEDICAL PRODUCTS INC. 395.40 AMBULANCE SUPPLIES 00003757 413172 1854906 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 395.40 408304 10/6/2016 139292 ENGEL, ELIZABETH 17.07 UTILITY REFUND - FINAL 413221 4626 CASCO 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 17.07 408305 10/6/2016 100146 FACTORY MOTOR PARTS COMPANY 24.95 V-BELT 413174 1-5086372 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 30.42 BELT KIT 413183 1-5089975 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 444.33 COIL ASSEMBLIES 413180 1-5090043 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 292.34 ROTORS, PADS, BRAKE SHOES 413173 69-239210 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 154.80 V-BELT, SPARK PLUGS 413175 69-239656 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 68.74 FILTER, SPARK PLUGS 413018 69-239847 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 134.34 BRAKE LINING KIT, ROTORS 413019 69-239861 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 8.17 SPARK PLUG 413178 69-240146 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 69.30 SYNTH 75/140 TRN/DIF LUB 413177 69-240183 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 26.98 NITRILE GLOVES 413176 69-240249 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary Check # Date Amount 10/6/2016 -- Supplier / Explanation PO # Doc No Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408305 10/6/2016 100146 FACTORY MOTOR PARTS COMPANY Continued... 57.54 COIL ASSEMBLY, SPARK PLUG 413181 69-240317 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 49.22 BATTERY 413184 69-240319 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 8.17 SPARK PLUG 413185 69-240335 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 7.56 IGNITION WIRE 413182 69-240434 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 50.52 TRANSMISSION FLUID 413179 75-234948 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,427.38 408306 10/6/2016 122549 FARNER-BOCIaN COMPANY 791.25 CONCESSION PRODUCT 413294 5177083 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 791.25 408307 10/6/2016 106035 FASTENAL COMPANY 5.68 LAG SCREWS 00001648 413020 MNTC2140089 5912.6406 GENERAL SUPPLIES WELL HOUSES 5.68 408308 10/6/2016 122077 FIELDS, DEBRA 950.00 TUITION REIMBURSEMENT 413245 092716 7410.6218 EDUCATION PROGRAMS PSTF ADMINISTRATION 950.00 408309 10/6/2016 126444 FISH WINDOW CLEANING 1,250.00 RAMP WINDOW WASHING 413021 2315-16988 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 1,250.00 413022 2315-17407 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 2,500.00 408310 10/6/2016 139125 FLAWS, LESLIE 177.32 UTILITY REFUND - FINAL 413222 6228 PEACEDALE 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 177.32 408311 10/6/2016 123818 FLEURY, CYNTHIA 100.00 JURIED ART SHOW 413270 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 100.00 408312 10/6/2016 137554 FRED HOLASEK & SON INC. 325.54 FLOWERS 00002006 413295 00018599 5761.6620 TREES, FLOWERS, SHRUBS CENTENNIAL LAKES OPERATING 325.54 408313 10/6/2016 124520 FRESHWATER HARVESTING INC. 6,150.00 MILL POND HARVESTING 413246 201693 5938.6103 PROFESSIONAL SERVICES MILLPOND LK VEGETATION CONTROL 6,150.00 R55CKR2 LOGIS 101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 10 Council Check Register by Invoice & Sumrnary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408314 10/6/2016 100775 GENERAL SPORTS CORPORATION Continued... 986.50 ATHLETIC SUPPLIES 413247 91436 1626.6406 GENERAL SUPPLIES SPORTS CAMP 259.00 SOFTBALL T-SHIRTS 413248 91437 1626.6406 GENERAL SUPPLIES SPORTS CAMP 1,245.50 408315 10/6/2016 101103 GRAINGER 173.20 GRINDER KIT 413187 9228319845 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 39.56 KNEE PADS 00005745 413186 9228735230 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 91.84 WELDING JACKETS 00005745 413188 9229210381 1553.6580 WELDING SUPPLIES EQUIPMENT OPERATION GEN 21.06 SAFETY GLASSES 00005541 413189 9229938791 1646.6610 SAFETY EQUIPMENT BUILDING MAINTENANCE 325.66 408316 10/6/2016 120201 GRANICUS INC. 500.00 SPEAK UP EDINA 413190 80270 1554.6124 WEB DEVELOPMENT CENT SERV GEN - MIS 690.00 WEBSTREAMING 413190 80270 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 1,190.00 408317 10/6/2016 102217 GRAPE BEGINNINGS INC 90.25 413114 MN00010438 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 550.65 413351 MN000I0453 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 640.90 408318 10/6/2016 100783 GRAYBAR ELECTRIC CO. INC. 2,181.84 TRAFFIC SIGNAL LIGHTING 00005555 413023 987130152 1330.6530 REPAIR PARTS TRAFFIC SIGNALS 2,181.84 408319 10/6/2016 100785 GREUPNER, JOE 10,000.00 QUARTERLY SERVICES 413297 009 5410.6132 PROFESSIONAL SVCS - GOLF GOLF ADMINISTRATION 10,000.00 408320 10/6/2016 137601 HAMILTON, CHARLES 2,500.00 5108 HALIFAX ESCROW REFUND 413191 ED134264 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 7,500.00 5108 HALIFAX TEMP CO ESCROW 413192 ED149123 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 10,000.00 408321 10/6/2016 100012 HD SUPPLY WATERWORKS LTD 443.90 STAND PIPES 00001656 413024 G149046 5913.6530 REPAIR PARTS DISTRIBUTION 198.35 PIPE END 00001656 413024 G149046 5932.6530 REPAIR PARTS GENERAL STORM SEWER 1,750.00 WATER MAIN REPAIR BANDS 413025 GI49787 5913.6530 REPAIR PARTS DISTRIBUTION 2,392.25 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408322 10/6/2016 139290 HENNEMAN, LARRY Continued... 230.72 UTILITY REFUND - FINAL 413223 5 WELLESLEY PL 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 230.72 408323 10/6/2016 100801 HENNEPIN COUNTY TREASURER 3,524.83 AUG 2016 ROOM & BOARD 413026 1000081676 1195.6225 BOARD & ROOM PRISONER LEGAL SERVICES 3,524.83 408324 10/6/2016 118765 HENRY SCHEIN INC. 21.52 AMBULANCE SUPPLIES 413299 34359192 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 21.52 AMBULANCE SUPPLIES 00003830 413298 34376594 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 43.04 408325 10/6/2016 139299 HESSEL, TOM 50.00 JURIED ART SHOW 413271 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 50.00 408326 10/6/2016 104375 HOHENSTEINS INC. 1,443.50 413116 851686 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,091.25 413352 851687 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,360.00 413115 851909 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 4,894.75 408327 10/6/2016 131544 INDEED BREWING COMPANY 256.50 413117 43705 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 256.50 408328 10/6/2016 100829 JERRY'S HARDWARE 29.87 413030 8/16-FACILITIES 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 3.99 413249 9/16-ENG 1261.6406 GENERAL SUPPLIES CONSTRUCTION MANAGEMENT 39.80 413193 9/16-LIQ 5861.6406 GENERAL SUPPLIES VERNON OCCUPANCY 1.80- CREDIT 413250 9/16-POLICE 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 71.86 408329 10/6/2016 100741 .11 TAYLOR DIST. OF MINN 153.75 413122 2556985 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 707.21 413354 2581814 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,134.00 413119 2581815 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 93.70 413121 2581816 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 24.50 413118 2581817 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 129.75 413120 2581821 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 12 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408329 10/6/2016 100741 JJ TAYLOR DIST. OF MINN Continued... 7,080.81 413353 2581824 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 109.50 413355 2581825 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 11,433.22 408330 10/6/2016 100835 JOHNSON BROTHERS LIQUOR CO. 66.32 413123 5546658 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3.48 413360 5550533 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5.80 413372 5550534 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 714.46 413380 5550536 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1.16 413368 5550537 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 635.79 413356 5550539 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 118.49 413379 5550542 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,341.57 413378 5550543 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,170.84 413377 5550545 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3,592.64 413367 5550547 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,136.58 413371 5550548 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 801.43 413376 5550549 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3,259.70 413369 5550551 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 537.11 413375 5550552 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,937.83 413373 5550554 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,610.25 413366 5550555 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 165.39 413374 5550556 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 588.53 413370 5550557 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,363.73 413362 5550560 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 33.41 413364 5550561 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,801.40 413361 5550562 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,604.69 413357 5550563 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,753.02 413359 5550566 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,917.86 413358 5550567 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 25.16 413363 5550568 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 203.24 413365 5550569 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 24.23- 413124 592342 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 26.30- 413383 592344 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 8.96- 413381 593323 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 11.71- 413382 593614 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 37,318.68 408331 10/6/2016 139289 JOHNSON, BRUCE 150.00 UTILITY REFUND - FINAL 413224 5700 DEWEY HILL 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET RD R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 13 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # 10/6/2016 -- Doc No Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408331 10/6/2016 139289 JOHNSON, BRUCE Continued... 150.00 408332 10/6/2016 101918 JUNGWIRTH, MARK 40.57 UNIFORM PURCHASE 413031 092116 5913.6201 LAUNDRY DISTRIBUTION 40.57 408333 10/6/2016 129666 KINCAID, ROBERT 100.00 ART SHOW MUSIC 413272 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 100.00 408334 10/6/2016 106541 KLEFSAAS, MAVIS 25.79 UTILITY REFUND - FINAL 413225 6420 LIMERICK 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET DR 25.79 408335 10/6/2016 134675 KOSKINEN, MATTHEW 130.14 MILEAGE REIMBURSEMENT 413324 092616 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 130.14 408336 10/6/2016 119048 LARSON PLUMBING & HEATING 30.24 ED150532 PERMIT REFUND 413194 5908 GROVE ST 1495.4112 PLUMBING PERMITS INSPECTIONS 30.24 408337 10/6/2016 136231 LARSON, DEB 700.00 MARKETING CONSULTANT 413301 100316 5820.6103 PROFESSIONAL SERVICES 50TH STREET GENERAL 700.00 MARKETING CONSULTANT 413301 100316 5840.6103 PROFESSIONAL SERVICES LIQUOR YORK GENERAL 700.00 MARKETING CONSULTANT 413301 100316 5860.6103 PROFESSIONAL SERVICES VERNON LIQUOR GENERAL 2,100.00 408338 10/6/2016 100852 LAWSON PRODUCTS INC. 748.93 BULBS, BITS, FITTINGS 00005673 413032 9304376162 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 748.93 408339 10/6/2016 100864 MACQUEEN EQUIPMENT INC. 202.12 CABLE - THROTTLE 00005653 413195 P01733 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 523.36 MACHINE REPAIR 413036 W00016 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 725.48 408340 10/6/2016 134063 MANSFIELD OIL COMPANY 512.66 OIL FOR GENERATOR 413251 756496 5720.6406 GENERAL SUPPLIES EDINBOROUGH OPERATIONS R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # 10/6/2016 -- Doc No Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408340 10/6/2016 134063 MANSFIELD OIL COMPANY Continued... 512.66 408341 10/6/2016 122878 MARTTI, DOROTHEA 288.75 HOSTING FEES 413037 221 1130.6103 PROFESSIONAL SERVICES COMMUNICATIONS 288.75 408342 10/6/2016 139295 MAXFIELD RESEARCH AND CONSULTING LLC 3,500.00 7001 YORK MARKET STUDY 413302 ANALYSIS 9232.6103 PROFESSIONAL SERVICES CENTENNIAL TIF DISTRICT 3,500.00 408343 10/6/2016 104650 MICRO CENTER 774.76 IT SUPPLIES 413197 6280829 1554.6406 GENERAL SUPPLIES CENT SERV GEN - MIS 774.76 408344 10/6/2016 102007 MINNCOR INDUSTRIES 400.00 HAND SOAP 00001636 413039 SOI-051323 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 400.00 408345 10/6/2016 100913 MINNEAPOLIS & SUBURBAN SEWER & WATER 2,100.00 REPLACE WATER SERVICE 00001516 413040 35301 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 3,000.00 REPLACE WATER SERVICE 00001517 413041 35303 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 5,100.00 408346 10/6/2016 127062 MINNEHAHA BLDG. MAINT. INC. 21.38 WINDOW CLEANING 413252 928059646 5841.6180 CONTRACTED REPAIRS YORK OCCUPANCY 16.09 WINDOW CLEANING 413253 928059647 5861.6180 CONTRACTED REPAIRS VERNON OCCUPANCY 5.36 WINDOW CLEANING 413254 928060202 5821.6180 CONTRACTED REPAIRS 50TH ST OCCUPANCY 42.83 408347 10/6/2016 100231 MINNESOTA POST BOARD 90.00 DARREN DAVIS JR. 413304 LICENSE 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 90.00 408348 10/6/2016 101459 MINNESOTA RECREATION & PARK ASSOC 1,144.00 SOFTBALL TEAM REGISTRATIONS 413255 8998 1621.6406 GENERAL SUPPLIES ATHLETIC ACTIVITIES 1,144.00 408349 10/6/2016 101996 MINNESOTA TROPHIES & GIFTS 14.50 ENGRAVING CHARGE 413042 19923 1419.6406 GENERAL SUPPLIES RESERVE PROGRAM 42.55 EXPLORER PLAQUE 413043 20262 1419.6406 GENERAL SUPPLIES RESERVE PROGRAM R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408349 10/6/2016 101996 MINNESOTA TROPHIES & GIFTS Continued... 57.05 408350 10/6/2016 128914 MINUTEMAN PRESS 44.50 BINGO BOARDS 413256 21185 1628.6513 OFFICE SUPPLIES SENIOR CITIZENS 29.00 SIGN UP PADS 413198 21259 5822.6575 PRINTING 50TH ST SELLING 29.00 SIGN UP PADS 413198 21259 5842.6575 PRINTING YORK SELLING 29.00 SIGN UP PADS 413198 21259 5862.6575 PRINTING VERNON SELLING 131.50 408351 10/6/2016 139286 MISSELT, ANDREW 321.60 UTILITY REFUND - FINAL 413228 7104 HEATHERTON 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET TR 321.60 408352 10/6/2016 139288 MN DESIGN BUILD 17.98 UTILITY REFUND - FINAL 413226 4621 CONCORD 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET TER 17.98 408353 10/6/2016 136815 MOBILE PRO SYSTEMS 3,030.00 ONAN GAS GENERATOR 413199 3-1217-300 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 3,030.00 408354 10/6/2016 129667 MORROW, BRUCE 100.00 ART SHOW MUSIC 413273 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 100.00 408355 10/6/2016 100916 MUZAK LLC 264.96 ACCT 339602 MUSIC SERVICE 413200 52686207 5760.6105 DUES & SUBSCRIPTIONS CENTENNIAL LAKES ADMIN EXPENSE 291.66 ACCT 549221 MUSIC SERVICE 413201 52715964 5822.6406 GENERAL SUPPLIES 50TH ST SELLING 291.66 ACCT 549221 MUSIC SERVICE 413201 52715964 5842.6406 GENERAL SUPPLIES YORK SELLING 291.66 ACCT 549221 MUSIC SERVICE 413201 52715964 5862.6406 GENERAL SUPPLIES VERNON SELLING 1,139.94 408356 10/6/2016 123954 NEIGHBORHOOD NETWORKS PUBLISHING 112.00 ART CENTER ADVERTISING 413305 1246905 5110.6122 ADVERTISING OTHER ART CENTER ADMINISTRATION 112.00 408357 10/6/2016 117098 NELSON, COLIN 100,00 ART SHOW MUSIC 413274 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408357 10/6/2016 117098 NELSON, COLIN Continued... 100.00 408358 10/6/2016 129202 NELSON, JUDD 150.00 IURIED ART SHOW 413275 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 150.00 408359 10/6/2016 104350 NIKE USA INC. 50.00 LOGO ARTWORK SET UP 413306 993136957 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 77.13 UNIFORMS 413257 993149997 5720.6201 LAUNDRY EDINBOROUGH OPERATIONS 127.13 408360 10/6/2016 127058 OK IRRIGATION 365.00 SPRINKLER REPAIR 413307 6112 WILRYAN 04398.1705.21 CONSULTING INSPECTION CLOVER LAKE NHOOD RECON AVE 365.00 408361 10/6/2016 103624 P & L AUTOMOTIVE INC. 70.00 EYEBROW TINT 413202 289431 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 70.00 408362 10/6/2016 100347 PAUSTIS WINE COMPANY 2,651.36 413387 8563552-IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 610.71 413125 8563559-IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 968.26 413126 8563561-IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 94.95 413388 8563615-IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,325.28 408363 10/6/2016 100945 PEPSI-COLA COMPANY 283.30 413389 51719850 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 482.55 413308 56119083 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 333.50 413127 63632595 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,099.35 408364 10/6/2016 100950 PETTY CASH 8.89 413309 093016 1180.6406 GENERAL SUPPLIES ELECTION 9.40 413309 093016 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 11.98 413309 093016 1130.6406 GENERAL SUPPLIES COMMUNICATIONS 12.00 413309 093016 1490.6107 MILEAGE OR ALLOWANCE PUBLIC HEALTH 12.94 413309 093016 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 13.76 413309 093016 1130.6410 VIDEO PRODUCTION SUPPLIES COMMUNICATIONS R55CKR2 LOGISIOI CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 17 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # 10/6/2016 -- Doc No Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408364 10/6/2016 100950 PETTY CASH Continued... 25.38 413309 093016 1160.6107 MILEAGE OR ALLOWANCE FINANCE 29.46 413309 093016 1495.6107 MILEAGE OR ALLOWANCE INSPECTIONS 35.00 413309 093016 1553.6103 PROFESSIONAL SERVICES EQUIPMENT OPERATION GEN 38.66 413309 093016 1554.6107 MILEAGE OR ALLOWANCE CENT SERV GEN - MIS 38.82 413309 093016 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 39.00 413309 093016 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 40.00 413309 093016 1120.6406 GENERAL SUPPLIES ADMINISTRATION 40.26 413309 093016 1100.6104 CONFERENCES & SCHOOLS CITY COUNCIL 40.44 413309 093016 1624.6406 GENERAL SUPPLIES PLAYGROUND & THEATER 90.00 413309 093016 1495.6104 CONFERENCES & SCHOOLS INSPECTIONS 99.90 413309 093016 1140.6107 MILEAGE OR ALLOWANCE PLANNING 100.82 413309 093016 1120.6104 CONFERENCES & SCHOOLS ADMINISTRATION 20.00 413309 093016 5410.6122 ADVERTISING OTHER GOLF ADMINISTRATION 54.82 413309 093016 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 63.75 413309 093016 5840.6107 MILEAGE OR ALLOWANCE LIQUOR YORK GENERAL 135.20 413309 093016 5860.6107 MILEAGE OR ALLOWANCE VERNON LIQUOR GENERAL 960.48 408365 10/6/2016 100743 PHILLIPS WINE & SPIRITS 172.98 413129 2045584 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 160.32 413128 2046577 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 89.16 413130 2046578 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 485.80 413391 2049336 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 334.26 413390 2049337 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,117.23 413393 2049340 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,107.08 413392 2049341 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 658.99 413394 2049344 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,218.68 413395 2049345 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 51.44 413397 2049346 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 553.54 413396 2049347 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 6,949.48 408366 10/6/2016 100953 PHYSIO-CONTROL INC. 50.00 EMS FAXING 413203 116145361 1470.6160 DATA PROCESSING FIRE DEPT. GENERAL 50.00 408367 10/6/2016 139297 POSEY, JAKE 100.00 JURIED ART SHOW 413276 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 100.00 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 18 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408368 10/6/2016 103094 PROTECTION ONE Continued... 210.06 ALARM MONITORING 413311 12743654-9/16 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG/GROUNDS 210.06 408369 10/6/2016 105103 QUINLIVAN, MARY 100.00 JURIED ART SHOW 413277 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 100.00 408370 10/6/2016 124537 RALPH, ROBERT 390.00 OFFICIATING FEES 413236 093016 1621.6103 PROFESSIONAL SERVICES ATHLETIC ACTIVITIES 390.00 408371 10/6/2016 138298 RED BULL DISTRIBUTION COMPANY INC. 144.00 413131 K-19666862 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 144.00 408372 10/6/2016 134496 REFINED LLC 7,500.00 5421 OAKLAWN TEMP CO ESCROW 413206 ED147543 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 7,500.00 408373 10/6/2016 134496 REFINED LLC 147.67 UTILITY REFUND - FINAL 413227 4011 KIPLING 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET AVE 147.67 408374 10/6/2016 139196 REIMANN, JEFFREY 228.66 UTILITY REFUND - FINAL 413229 6804 IROQUOIS 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET CIR 228.66 408375 10/6/2016 118658 RIGHTWAY GLASS INC. 270.00 WINDSHIELD REPAIR 413045 73926 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 270.00 408376 10/6/2016 139294 ROBBINS, BURNELL 106.70 SPRINKLER DAMAGE 413260 REIMBURSE 01421.1705.21 CONSULTING INSPECTION 2016 RECON STRACHAUER PK 106.70 408377 10/6/2016 136408 ROBSON, JIM 100.00 ART SHOW MUSIC 413278 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 100.00 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page- 19 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # 10/6/2016 -- Doc No Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408377 10/6/2016 408378 10/6/2016 136408 ROBSON, JIM 100985 RUFFRIDGE JOHNSON EQUIPMENT CO INC Continued... 29.93 RUBBER COVE 00005678 413208 IA05271 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 29.93 408379 10/6/2016 101822 SAM'S CLUB DIRECT 103.12 0402 37306935 0 413209 005240 1628.6406.02 GOLF SUPPLIES SENIOR CITIZENS 48.31 0402 37306935 0 413210 008587 1628.6406.02 GOLF SUPPLIES SENIOR CITIZENS 151.43 408380 10/6/2016 100349 SCOTT COUNTY 215.00 OUT OF COUNTY WARRANT 413325 100316 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 215.00 408381 10/6/2016 139300 SHELTON, JERRY 100.00 ART SHOW MUSIC 413279 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 100.00 408382 10/6/2016 139220 SHERWOOD, ROBERT & SUZANNE 104.48 UTILITY REFUND - FINAL 413230 6468 IVY WAY 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 104.48 408383 10/6/2016 101556 SHRED-IT USA MINNEAPOLIS 43.60 SHREDDING SERVICES 413046 8120920428 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 43.60 408384 10/6/2016 120784 SIGN PRO 384.94 SIGNS 413261 10908 5960.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - STORM 384.94 408385 10/6/2016 116501 SIMONSON, JUSTIN 20.33 UNIFORM PURCHASE 413047 092216 1646.6201 LAUNDRY BUILDING MAINTENANCE 20.33 408386 10/6/2016 131885 SISINNI FOOD SERVICES INC. 48.32 HOT DOG BUNS 413312 293727 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 48.32 HOT DOG BUNS 413313 294308 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 96.64 408387 10/6/2016 139282 SOUTH METRO TACTICAL TEAMS R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 20 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408387 10/6/2016 139282 SOUTH METRO TACTICAL TEAMS Continued... 200.00 SMTT SWAT COURSE 413048 8/22-8/26 1401.6104 CONFERENCES & SCHOOLS EMERGENCY RESPONSE TEAM 200.00 408388 10/6/2016 127878 SOUTHERN WINE AND SPIRITS .40 413135 1451028 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 764.80 413134 1456180 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 128.80 413144 1457337 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 410.96 413143 1457338 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 902.40 413142 1457339 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 672.00 413141 1457340 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,151.60 413140 1457341 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 4,246.00 413399 1457342 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 322.60 413132 1457343 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,897.90 413133 1457344 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,475.20 413398 1457345 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 834.80 413401 1457346 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,326.40 413402 1457348 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 941.57 413400 1457349 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 724.27 413136 1457350 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,004.31 413137 1457352 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 672.80 413139 1457354 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,601.31 413138 1457355 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 23,078.12 408389 10/6/2016 110977 SOW, ADAMA 50.00 JURIED ART SHOW 413280 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 50.00 408390 10/6/2016 129891 SPACK CONSULTING 8,190.00 TRAFFIC STUDY 413049 4521 4422.6710 EQUIPMENT REPLACEMENT TRAFFIC STUDIES 8,190.00 408391 10/6/2016 119937 STEARNS COUNTY 300.00 OUT OF COUNTY WARRANT 413211 092816 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 300.00 408392 10/6/2016 133068 STEEL TOE BREWING LLC 239.75 413145 12622 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 410.00 413146 12623 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 649.75 R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 21 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/6/2016 -- Inv No 10/6/2016 Account No Subledger Account Description Business Unit 408392 408393 10/6/2016 10/6/2016 133068 STEEL TOE BREWING LLC 105874 SUBURBAN TIRE WHOLESALE INC. Continued... 1,897.50 TIRES 00005645 413050 10141626 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 1,897.50 408394 10/6/2016 139287 SUTTON, JANET 250.00 UTIILTY REFUND - FINAL 413231 6616 SCANDIA RD 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 250.00 408395 10/6/2016 119864 SYSCO MINNESOTA 327.22 CONCESSION PRODUCT 413264 609230847 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 294.88 CONCESSION PRODUCT 413263 609272681 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 622.10 408396 10/6/2016 113549 TENNIS WEST 4,910.00 UTLEY PK BBALL COURT 413051 16-0077333 1647.6517 SAND GRAVEL & ROCK PATHS & HARD SURFACE 4,910.00 408397 10/6/2016 139291 THELEMAN, ARTHUR 200.00 UTILITY REFUND - FINAL 413232 5132 VALLEY 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET VIEW 200.00 408398 10/6/2016 101035 THORPE DISTRIBUTING COMPANY 2,759.70 413147 1147892 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,759.70 408399 10/6/2016 139296 TRITIBAUGH, AMBER 150.00 JURIED ART SHOW 413281 2016 5120.6103 PROFESSIONAL SERVICES ART SUPPLY GIFT GALLERY SHOP 150.00 408400 10/6/2016 102275 VAN BLOEM GARDENS 38.59 SPRING BULBS 413265 4732313 5720.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH OPERATIONS 38.59 408401 10/6/2016 101058 VAN PAPER CO. 82.46 CAN LINERS 413314 400311-01 5424.6406 GENERAL SUPPLIES RANGE 549.96 LIQUOR BAGS 413213 400633-00 5842.6512 PAPER SUPPLIES YORK SELLING 125.66 LINERS, TOWELS, UTENSILS 413214 400634-00 5841.6406 GENERAL SUPPLIES YORK OCCUPANCY 196.64 LIQUOR BAGS 413266 401131-00 5822.6512 PAPER SUPPLIES 50TH ST SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 22 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408401 10/6/2016 101058 VAN PAPER CO. Continued... 66.22 TOWELS, TISSUE 413267 401132-00 5822.6406 GENERAL SUPPLIES 50TH ST SELLING 328.35 LIQUOR BAGS 413315 401133-00 5862.6512 PAPER SUPPLIES VERNON SELLING 50.57 CAN LINERS 413316 401134-00 5862.6406 GENERAL SUPPLIES VERNON SELLING 1,399.86 408402 10/6/2016 120318 VEOLIA ENVIRONMENTAL SERVICES 173.52 LAMP RECYCLING 413215 EW1230638 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 173.52 408403 10/6/2016 101066 VIKING ELECTRIC SUPPLY INC. 18.36 BOX COVERS 413217 1789053 1470.6530 REPAIR PARTS FIRE DEPT. GENERAL 18.24 DUPLEX PLATES 413218 1789055 1470.6530 REPAIR PARTS FIRE DEPT. GENERAL 524.80 GFI BOXES 413216 1794222 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 561.40 408404 10/6/2016 103410 W.W. GOETSCH ASSOCIATES INC. 1,440.00 REMOVE PUMP FOR WINTER 413268 96994 5330.6180 CONTRACTED REPAIRS FLOWRIDER 1,440.00 408405 10/6/2016 139298 WARFIELD, SUSAN 100.00 JURIED ART SHOW 413282 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 100.00 408406 10/6/2016 130574 WATSON COMPANY 214.37 CONCESSION PRODUCT 413317 869181 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 214.37 408407 10/6/2016 137692 WILLS, DAWN 86.40 MILEAGE REIMBURSEMENT 413326 092016 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 86.40 408408 10/6/2016 118737 WINBERG, DONNA 100.00 JURIED ART SHOW 413283 2016 5120.6406 GENERAL SUPPLIES ART SUPPLY GIFT GALLERY SHOP 100.00 408409 10/6/2016 101312 WINE MERCHANTS 132.00 413150 7099689 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 99.34 413151 7100102 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 419.48 413407 7100769 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,914.77 413408 7100771 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 23 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408409 10/6/2016 101312 WINE MERCHANTS Continued... 92828 413409 7100773 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,493.87 408410 10/6/2016 124503 WINSUPPLY OF EDEN PRAIRIE 214.52 RECEPTACLES, COVERS 00002007 413318 13630000 5761.6530 REPAIR PARTS CENTENNIAL LAKES OPERATING 214.52 408411 10/6/2016 118395 WITMER PUBLIC SAFETY GROUP INC. 1,709.95 HELMETS 00003856 413219 E1505096.002 1470.6552 PROTECTIVE CLOTHING FIRE DEPT. GENERAL 1,709.95 408412 10/6/2016 101726 XCEL ENERGY 15.37 51-0010619811-5 413074 517311816 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 18.07 51-0160483-1 413065 517320659 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 30.59 51-0223133-2 413066 517321577 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 51.92 51-4420190-3 413082 517378057 1551.6185 LIGHT & POWER CITY HALL GENERAL 154.95 51-5938955-6 413081 517411148 5937.6185 LIGHT & POWER INDIANHEAD LK VEGETATION CONTR 15.15 51-6541084-2 413083 517411295 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 99.72 51-9770164-7 413068 517451812 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 100.50 51-0010166207-2 413058 517452879 1646.6185 LIGHT & POWER BUILDING MAINTENANCE 26.48 51-0010118404-0 413069 517456621 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 26.39 51-9770163-6 413067 517457268 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 73.31 51-0010619455-3 413062 517470435 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 43.74 51-0011004217-3 413052 517471936 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 26.60 51-0010876028-0 413070 517472581 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 15.15 51-0010777228-2 413063 517472646 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 13.22 51-0010573385-0 413060 517473273 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 22.27 51-0010876012-2 413064 517473516 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 47.77 51-0011270406-5 413071 517482020 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 14.31 51-0010573384-9 413059 517494741 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 13.29 51-0010573502-3 413061 517494744 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 133.57 51-0193479-4 413078 517500407 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 2,394.58 51-9011854-4 413053 517623062 5913.6185 LIGHT & POWER DISTRIBUTION 37.06 51-8976004-9 413057 517624062 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 216.81 51-8987646-8 413080 517630680 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 264.88 51-9608462-5 413054 517632850 5921.6185 LIGHT & POWER SANITARY LIFT STATION MAINT 41.12 51-0010103585-7 413056 517639129 5210.6185 LIGHT & POWER GOLF DOME PROGRAM 27.62 51-0010504853-2 413072 517651182 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 17.28 51-0010619788-5 413075 517655267 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 15.23 51-0010876027-9 413077 517658439 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL R55CKR2 LOGIS101 CITY OF EDINA 10/4/2016 11:11:26 Council Check Register by GL Page - 24 Council Check Register by Invoice & Summary 10/6/2016 -- 10/6/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408412 10/6/2016 101726 XCEL ENERGY Continued... 17.28 51-0010619810-4 413076 517662330 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 16.79 51-0011342111-2 413073 517678641 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 86.29 51-0010838463-7 413055 517685869 5936.6185 LIGHT & POWER ARROWHEAD LK VEGETATION CONTRO 96.30 51-6692497-0 413079 517771680 1460.6185 LIGHT & POWER CIVILIAN DEFENSE 10,222.20 51-6955679-8 413319 517954430 1551.6185 LIGHT & POWER CITY HALL GENERAL 14,395.81 408413 10/6/2016 130618 YOUNGSTEDTS COLLISION CENTER 2,415.58 VEHICLE REPAIR 413084 15643 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 2,415.58 408414 10/6/2016 120099 Z WINES USA LLC 147.00 413152 17302 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 147.00 865,569.63 Grand Total Payment Instrument Totals Checks A/P ACH Payment Total Payments 836,863.89 28,705.74 865,569.63 F. - ce Direc oi AWES Cit R55CKS2 LOGIS100 CITY OF EDINA 10/4/2016 11:11:32 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page - 1 10/6/2016 - 10/6/2016 Company Amount 01000 GENERAL FUND 02300 POLICE SPECIAL REVENUE 02500 PEDESTRIAN AND CYCLIST SAFETY 04000 WORKING CAPITAL FUND 04200 EQUIPMENT REPLACEMENT FUND 04500 CANDO FUND 05100 ART CENTER FUND 05200 GOLF DOME FUND 05300 AQUATIC CENTER FUND 05400 GOLF COURSE FUND 05500 ICE ARENA FUND 05550 SPORTS DOME FUND 05700 EDINBOROUGH PARK FUND 05750 CENTENNIAL LAKES PARK FUND 05800 LIQUOR FUND 05900 UTILITY FUND 05930 STORM SEWER FUND 07400 PSTF AGENCY FUND 09232 CENTENNIAL TIF DISTRICT 601,969.18 136.59 134.38 25,109.36 14,465.09 32.49 3,426.80 41.12 1,440.00 10,446.37 2,561.35 90.39 3,214.83 2,458.28 167,852.28 19,208.77 8,394.05 1,088.30 3,500.00 Report Totals 865,569.63 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policies and procures to a JG 7' c R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page- 1 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 3782 10/13/2016 101304 ABM EQUIPMENT & SUPPLY 1,156.75 CLEANING NOZZLE REPAIRS 00001685 413533 0149126-IN 5920.6180 CONTRACTED REPAIRS SEWER CLEANING 1,156.75 3783 10/13/2016 102971 ACE ICE COMPANY 43.20 413600 2051163 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 108.40 413894 2052699 5842.5515 COST OF GOODS SOLD MDC YORK SELLING 166.00 413895 2052703 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 317.60 3784 10/13/2016 103680 ARAMARK REFRESHMENT SRVCS 406.16 COFFEE 413415 1243606 1120.6406 GENERAL SUPPLIES ADMINISTRATION 668.83 COFFEE 413416 1245768 1120.6406 GENERAL SUPPLIES ADMINISTRATION 1,074.99 3785 10/13/2016 100643 BARR ENGINEERING CO. 854.00 WATER GIS MAPPING 413757 23271068.00-24 5960.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - STORM 10,847.00 SE SEWER PLANNING 413758 23271474.00-11 03499.1705.20 CONSULTING DESIGN Sewer Trunk Expansion - Xerxes 11,701.00 3786 10/13/2016 100646 BECIR ARENA PRODUCTS INC. 254.70 FIBERGLASS SHEET 413417 1003574 5521.6215 EQUIPMENT MAINTENANCE ARENA ICE MAINT 254.70 3787 10/13/2016 101355 BELLBOY CORPORATION 1,224.47 413606 55607800 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 129.55 413604 55607900 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 105.55 413605 55611300 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 457.25 413607 55619200 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 91.81 413608 55628800 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 91.55- 413611 55649100 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 616.55 413906 55717800 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 37.20- 413613 94363700 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 22.00- 413612 94549000 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 113.63 413609 94688100 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 60.00 413610 94693000 5862.6406 GENERAL SUPPLIES VERNON SELLING 312.09 413610 94693000 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 54.00- 413614 94698800 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 196.14 413908 94726500 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 68.81 413907 94726600 5862.6406 GENERAL SUPPLIES VERNON SELLING 3,171.10 R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 2 Check 4 Date Amount Supplier / Explanation PO it Doc No Inv No Account No Subledger Account Description Business Unit 3787 10/13/2016 101355 BELLBOY CORPORATION Continued... 3788 10/13/2016 100648 BERTELSON OFFICE PRODUCTS 167.50 CUSTOM STAMPS 413797 IN-37373 1180.6406 GENERAL SUPPLIES ELECTION 39.40 OFFICE SUPPLIES 00004021 413841 WO-232693-1 1160.6513 OFFICE SUPPLIES FINANCE 206.90 3789 10/13/2016 122688 BMK SOLUTIONS 24.76 OFFICE SUPPLIES 413760 122798 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 292.02 OFFICE SUPPLIES 413686 122926 1470.6513 OFFICE SUPPLIES FIRE DEPT. GENERAL 316.78 3790 10/13/2016 100659 BOYER TRUCK PARTS 176.39 BRAKE DRUMS 00005628 413761 1082295X1 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 176.39 BRAKE DRUMS 00005628 413762 1082295)(2 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 221.60 FILTERS 00005663 413763 1085520 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 131.59 DIPSTICK 00005647 413420 1090744X1 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 26951 SWITCH 00005676 413419 1091037 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 63.90 COOLANT 00005685 413764 1092552 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,039.38 3791 10/13/2016 105693 CITYSPRINT 13.97 COURIER SERVICE 413961 37723 1120.6103 PROFESSIONAL SERVICES ADMINISTRATION 13.97 3792 10/13/2016 130477 CLEAR RIVER BEVERAGE CO 480.80 413912 313412 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 480.80 3793 10/13/2016 100513 COVERALL OF THE TWIN CITIES INC. 990.00 OCT 2016 CLEANING 413768 7070230001 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 2,450.00 OCT 2016 CLEANING 413767 7070230355 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 3,440.00 3794 10/13/2016 104020 DALCO 404.22 TOWELS, FLOOR CARE, TISSUE 413770 3081568 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 404.22 3795 10/13/2016 131551 DELANEY CONSULTING LLC 658.33 SECRET SHOPS 413690 1439 5820.6103 PROFESSIONAL SERVICES 50TH STREET GENERAL 658.33 SECRET SHOPS 413690 1439 5840.6103 PROFESSIONAL SERVICES LIQUOR YORK GENERAL R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 3795 10/13/2016 131551 DELANEY CONSULTING LLC Continued... 658.34 SECRET SHOPS 413690 1439 5860.6103 PROFESSIONAL SERVICES VERNON LIQUOR GENERAL 1,975.00 3796 10/13/2016 129157 DO-GOOD.BIZ INC 425.08 MAILING 413871 9049-01 5960.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - STORM 425.08 3797 10/13/2016 132810 ECM PUBLISHERS INC. 178.25 PUBLISH ORD 2016-08 413545 409477 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 135.00 PUBLISH ORD 2016-11 413546 409478 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 46.00 PUBLISH NOTICE 413547 409479 1185.6120 ADVERTISING LEGAL LICENSING, PERMITS & RECORDS 980.22 413693 412623 1130.6575 PRINTING COMMUNICATIONS 1,470.33 EDITION EDINA 413692 412624 1130.6575 PRINTING COMMUNICATIONS 2,809.80 3798 10/13/2016 101956 EMERGENCY APPARATUS MAINTENANCE 1,729.96 T-90 REPAIRS 413694 86395 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 1,729.96 3799 10/13/2016 100768 GARTNER REFRIGERATION & MFG INC 1,186.00 PREVENTATIVE MAINTENANCE 413872 16003 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 658.95 CONDENSER REPAIRS 413436 52722 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 759.00 EQUIPMENT REPAIRS 413435 52726 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 759.00 CONDENSER REPAIRS 413434 52730 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 3,362.95 3800 10/13/2016 102484 HIRSHFIELD'S PAINT MANUFACTURING 898.10 FIELD PAINT 00001674 413558 113823 1642.6544 LINE MARKING POWDER FIELD MAINTENANCE 898.10 3801 10/13/2016 129508 IMPACT 351.28 SEPT 2016 LATE NOTICES 413559 117411 5902.6103 PROFESSIONAL SERVICES UTILITY BILLING - FINANCE 351.28 3802 10/13/2016 100814 INDELCO PLASTICS CORR 415.10 CHEMICAL FEED REPAIRS 00001658 413560 1020587 5912.6530 REPAIR PARTS WELL HOUSES 10.90 BUSHINGS 00001658 413561 1020904 5912.6530 REPAIR PARTS WELL HOUSES 426.00 3803 10/13/2016 102146 JESSEN PRESS INC. R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 4 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3803 10/13/2016 102146 JESSEN PRESS INC. Continued... 7,082.00 PIPELINE BOOKLET 413780 673836 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 7,082.00 3804 10/13/2016 121075 JIMMY'S JOHNNYS INC. 121.12 TOILET RENTAL 413852 108781 5422.6182 RUBBISH REMOVAL MAINT OF COURSE & GROUNDS 121.12 3805 10/13/2016 100858 LOGIS 247.50 IT CONSULTING 413565 42429 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 247.50 3806 10/13/2016 101792 LUBE-TECH 138.85- CREDIT 413817 32488 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 110.00 USED OIL FILTER PICKUP 00005754 413815 834606 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 94.58 OIL 413816 835914 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 65.73 3807 10/13/2016 100869 MARTIN-MCALLISTER 1,000.00 PRE EMPLOYMENT SCREENING 413969 10659 1556.6121 ADVERTISING PERSONNEL EMPLOYEE SHARED SERVICES 1,000.00 3808 10/13/2016 101483 MENARDS 12.97 FAN SWITCH 00001549 413977 21303 5915.6530 REPAIR PARTS WATER TREATMENT 119.75 PIPE REPAIR KITS 00007501 413454 23562 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 207.96 BLINDS 00007501 413455 23583 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 48.94 SUPPLIES 00007501 413876 24333 5521.6406 GENERAL SUPPLIES ARENA ICE MAINT 43.74 HEAT SHRINK 00007501 413877 24777 5521.6215 EQUIPMENT MAINTENANCE ARENA ICE MAINT 433.36 3809 10/13/2016 101161 MIDWEST CHEMICAL SUPPLY 290.40 SUPPLIES 413462 38690 1551.6512 PAPER SUPPLIES CITY HALL GENERAL 290.40 3810 10/13/2016 101620 NORTH SECOND STREET STEEL SUPPLY 1,675.19 STEEL 00005670 413577 359247 1318.6406 GENERAL SUPPLIES SNOW & ICE REMOVAL 1,675.19 3811 10/13/2016 132364 OASIS GROUP, THE 658.75 EAP SERVICES - OCT 2016 413464 4006 1556.6103 PROFESSIONAL SERVICES EMPLOYEE SHARED SERVICES 658.75 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page- 5 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 3811 3812 10/13/2016 10/13/2016 132364 OASIS GROUP, THE 106322 PROSOURCE SUPPLY Continued... 455.94 TISSUE, LINERS 413467 10757 5511.6511 CLEANING SUPPLIES ARENA BLDG/GROUNDS 485.38 LINERS, TOWELS, SOAP 413855 10821 5761.6511 CLEANING SUPPLIES CENTENNIAL LAKES OPERATING 941.32 3813 10/13/2016 105690 PRO-TEC DESIGN INC. 7,174.23 50TH & FRANCE CAMERAS 413468 77179 4095.6406 GENERAL SUPPLIES 50TH STREET RUBBISH 10,000.00 REMODEL SECURITY ADDITIONS 413971 77465 7411.6710 EQUIPMENT REPLACEMENT PSTF OCCUPANCY 17,174.23 3814 10/13/2016 101017 SUBURBAN CHEVROLET 21.41 CONNECTOR 413476 194336 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 21.41 3815 10/13/2016 103277 TITAN MACHINERY 120.81 FILTERS, STEP 00005675 413789 8331043 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 373.25 SOLENOID, GASKET 00005658 413479 8383211 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 4.90 RUBBER BUMPER 413480 8383215 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 498.96 3816 10/13/2016 118190 TURFWERKS LLC 209.92 TIRE ASSEMBLIES 00001663 413481 EI97927 1641.6530 REPAIR PARTS MOWING 209.92 3817 10/13/2016 119454 VINOCOPIA 166.00 413947 0162706-IN 5862.5515 COST OF GOODS SOLD MLX VERNON SELLING 135.75 413948 0162707-IN 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 301.75 3818 10/13/2016 120627 VISTAR CORPORATION 318.14 CONCESSION PRODUCT 413485 46676137 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 765.80 413486 46802057 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 1,083.94 3819 10/13/2016 101033 WINE COMPANY, THE 889.88 413752 16132 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 374.30 413751 16145 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,029.25 413680 16152 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,293.43 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 6 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 3819 408415 10/13/2016 10/13/2016 101033 WINE COMPANY, THE 139313 A & M IN-GROUND PET FENCING Continued... 105.00 PET FENCE REPAIR 413793 GOLF TERRACE 01420.1705.21 CONSULTING INSPECTION 2016 RECON GOLF TERRACE B 105.00 408416 10/13/2016 129458 ACME TOOLS 499.99 BACKPACK BLOWER 413534 4435037 1314.6406 GENERAL SUPPLIES STREET RENOVATION 499.99 408417 10/13/2016 135922 ACUSHNET COMPANY 67.54 APPAREL 413839 903112142 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 67.54 408418 10/13/2016 139311 ADAMS, MIKE 163.24 SOD REPAIR 413794 6800 CORNELIA 07129.1705.21 CONSULTING INSPECTION S129 CORNELIA DR SIDEWALK DR 163.24 408419 10/13/2016 121667 ADVANCED FIRST AID INC. 129.80 REPLACE DEFIBULATOR 413756 0916-391 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 129.80 408420 10/13/2016 100630 ANCHOR PAPER COMPANY 1,164.90 PAPER 413840 10489449-00 1130.6406 GENERAL SUPPLIES COMMUNICATIONS 1,164.90 408421 10/13/2016 101874 ANCOM COMMUNICATIONS INC. 634.10 APX CHARGER, HOLSTER 413414 63028 421400.6710 EQUIPMENT REPLACEMENT POLICE EQUIPMENT 634.10 408422 10/13/2016 118491 APPLE INC. 379.00 REPLACEMENT IPAD 00004365 413535 4400726852 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 379.00 IPAD FOR FD 00004365 413537 4400726853 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 479.00 REPLACEMENT IPAD 00004365 413536 4400726854 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 1,237.00 408423 10/13/2016 135988 APPRIZE TECHNOLOGY SOLUTIONS 2,052.15 ADMIN FEES 413859 13162 1556.6160 DATA PROCESSING EMPLOYEE SHARED SERVICES 2,052.15 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 7 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408424 10/13/2016 121981 ARTEKA COMPANIES LLC Continued... 4,750.00 413539 00003 5500.1705 CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET 12,051.55 EDINA SPORTS DOME 413538 APPL 5500.1705 CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET 16,801.55 408425 10/13/2016 132031 ARTISAN BEER COMPANY 389.00 413900 3130679 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,168.45 413896 3130680 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 433.50 413897 3130681 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,682.20 413898 3130682 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,350.00 413899 3130683 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 7.00- 413904 357457 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6.66- 413902 360361 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 7.00- 413901 360362 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 12.00- 413903 360363 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 7.52- 413905 360364 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 4,982.97 408426 10/13/2016 102774 ASPEN WASTE SYSTEMS 151.33 ACCT 1-14635 4 413959 100116 7411.6182 RUBBISH REMOVAL PSTF OCCUPANCY 151.33 408427 10/13/2016 139308 BAKER, BRYCE 4.38 PARKING PERMIT REFUND 413685 093016 1000.2039 SALES & USE TAX PAYABLE GENERAL FUND BALANCE SHEET 60.00 PARKING PERMIT REFUND 413685 093016 4090.4751 PARKING PERMITS 50TH&FRANCE MAINTENANCE 64.38 408428 10/13/2016 102195 BATTERIES PLUS 25.00 BA! I ERIES 413795 018-416241 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 25.00 408429 10/13/2016 136267 BAUHAUS BREW LABS LLC 412.50 413601 11242 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 609.00 413602 11243 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,021.50 408430 10/13/2016 117379 BENIEK PROPERTY SERVICES INC. 703.90 LAWN CARE 413960 147269 7411.6136 SNOW & LAWN CARE PSTF OCCUPANCY 703.90 408431 10/13/2016 127986 BERGMAN, MARGE R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 8 Check # Date Amount Supplier / Explanation PO 8 Doc No Inv No Account No Subledger Account Description Business Unit 408431 10/13/2016 127986 BERGMAN, MARGE Continued... 72.82 MILEAGE REIMBURSEMENT 413976 101016 1281.6107 MILEAGE OR ALLOWANCE TRAINING 72.82 408432 10/13/2016 131191 BERNATELLO'S PIZZA INC. 288.00 PIZZA 413860 4655162 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 288.00 408433 10/13/2016 125139 BERNICK'S 228.80 413418 321272 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 492.80 413603 322407 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 721.60 408434 10/13/2016 126847 BERRY COFFEE COMPANY 166.95 COFFEE 413796 T199261 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 166.95 408435 10/13/2016 125268 BLUE COMPACTOR SERVICES 386.00 COMPACTOR RENTAL 413759 OCT2016-2 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 386.00 408436 10/13/2016 123414 BOOM, CHET 220.45 UNIFORM PURCHASE 413798 100516 5913.6201 LAUNDRY DISTRIBUTION 220.45 408437 10/13/2016 119351 BOURGET IMPORTS 97.50 413615 136655 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,509.00 413727 136743 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 121.50 413909 136807 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,055.00 413726 136808 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 2,783.00 408438 10/13/2016 139307 BRANDT, MARISA 198.00 HANDGUN CLASS REFUND 413687 CANCELLATION 7414.4390 REGISTRATION FEES PUBLIC PROGRAMS 198.00 408439 10/13/2016 124291 BREAKTHRU BEVERAGE MINNESOTA 3,879.02 413729 1080532847 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 7,282.42 413617 1080532849 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,501.80 413628 1080532850 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 20,846.79 413629 1080532885 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 - Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408439 10/13/2016 124291 BREAKTHRU BEVERAGE MINNESOTA Continued... 184.84 413616 1080533881 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 184.84 413627 1080533882 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,409.21 413618 1080536060 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 89.15 413620 1080536061 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 146.30 413621 1080536062 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,703.68 413619 1080536063 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,011.89 413626 1080536144 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 265.08 413625 1080536145 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 460.60 413728 1080536146 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 123.64 413623 1080536147 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 2,204.44 413624 1080536148 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 580.53 413622 1080536149 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 45.00- 413730 2080147686 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 42,829.23 408440 10/13/2016 124529 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 882.39 413632 1090620585 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,308.25 413630 1090621378 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 51.00 413631 1090621379 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 4,119.85 413910 1090623384 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,041.61 413911 1090623387 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 8,403.10 408441 10/13/2016 112542 BROOKLYN PARK POLICE DEPT 680.00 FORCE ON FORCE INSTRUCTOR CERT 413688 CANCELLATION 7414.4390 PUBLIC PROGRAMS REGISTRATION FEES 680.00 408442 10/13/2016 122195 BRUNSWICK ZONE - EDEN PRAIRIE 88.40 FALL BOWLING 413861 1839617 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 57.20 413862 1839618 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 72.80 413863 1839619 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 218.40 408443 10/13/2016 137533 BUSBY, TREVOR 891.00 FLAG FOOTBALL OFFICIATING 413799 1051 1626.6406 GENERAL SUPPLIES SPORTS CAMP 891.00 408444 10/13/2016 133950 C EMERY NELSON INC. 265.50 STRIPPER TRAY CLEANER 00001721 413421 29490 5913.6406 GENERAL SUPPLIES DISTRIBUTION 265.50 R55CKR2 Check # LOGIS 101 Date Amount Supplier / Explanation PO # CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 Doc No Inv No Account No Subledger Account Description 10/11/2016 9:21:34 Page - 10 Business Unit 408444 408445 10/13/2016 10/13/2016 133950 C EMERY NELSON INC. 114575 CALIFORNIA CONTRACTORS SUPPLIES INC. Continued... 932.80 TAPE, PLUGS, WIPES 00001515 413800 T40950 5913.6406 GENERAL SUPPLIES DISTRIBUTION 932.80 408446 10/13/2016 119455 CAPITOL BEVERAGE SALES 376.80 413633 1034292 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,602.60 413634 1034293 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 80.50- 413636 254-18 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 32.50 413635 254-19 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 5,931.40 408447 10/13/2016 130603 CEDAR RIDGE LANDSCAPING INC. 4,047.35 VALLEY VIEW RD LANDSCAPING 413801 092216 01263.1705.30 CONTRACTOR PAYMENTS A263 Valley View Landscaping 4,047.35 408448 10/13/2016 100897 CENTERPOINT ENERGY 19.25 413540 8000014561-9/16 1646.6186 HEAT BUILDING MAINTENANCE 46.86 413540 8000014561-9/16 1481.6186 HEAT YORK FIRE STATION 90.97 413540 8000014561-9/16 1628.6186 HEAT SENIOR CITIZENS 142.51 413540 8000014561-9/16 1552.6186 HEAT CENT SVC PW BUILDING 362.14 413540 8000014561-9/16 1646.6186 HEAT BUILDING MAINTENANCE 269.50 413540 8000014561-9/16 5111.6186 HEAT ART CENTER BLDG/MAINT 34.49 413540 8000014561-9/16 5422.6186 HEAT MAINT OF COURSE & GROUNDS 318.47 413540 8000014561-9/16 5420.6186 HEAT CLUB HOUSE 4,060.05 413540 8000014561-9/16 5511.6186 HEAT ARENA BLDG/GROUNDS 105.74 413540 8000014561-9/16 5761.6186 HEAT CENTENNIAL LAKES OPERATING 19.25 413540 8000014561-9/16 5821.6186 HEAT 50TH ST OCCUPANCY 32.23 413540 8000014561-9/16 5841.6186 HEAT YORK OCCUPANCY 34.52 413540 8000014561-9/16 5861.6186 HEAT VERNON OCCUPANCY 99.37 413540 8000014561-9/16 5913.6186 HEAT DISTRIBUTION 106.94 413540 8000014561-9/16 5921.6186 HEAT SANITARY LIFT STATION MAINT 330.14 413540 8000014561-9/16 5911.6186 HEAT WELL PUMPS 6,072.43 408449 10/13/2016 123898 CENTURYLINK 57.48 952 929-0297 413423 0297-9/16 4090.6188 TELEPHONE 50TH&FRANCE MAINTENANCE 92.77 952 941-1019 413844 1019-9/16 7411.6188 TELEPHONE PSTF OCCUPANCY 61.32 952 941-1410 413842 1410-9/16 1622.6188 TELEPHONE SKATING & HOCKEY 115.99 952 826-7398 413843 7398-9/16 7410.6103 PROFESSIONAL SERVICES PSTF ADMINISTRATION R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408449 10/13/2016 123898 CENTURYLINK Continued... 449.60 952 927-8861 413422 8861-9/16 1554.6188 TELEPHONE CENT SERV GEN - MIS 777.16 408450 10/13/2016 113151 CHURCH OFFSET PRINTING INC. 132.00 UTILITY BILL SHELLS 413864 87952 5902.6406 GENERAL SUPPLIES UTILITY BILLING - FINANCE 132.00 408451 10/13/2016 122317 CITY OF EDINA- COMMUNICATIONS 66.66 NEWSLE I 1ER ADVERTISING 413765 COM-0979 5862.6122 ADVERTISING OTHER VERNON SELLING 66.67 NEWSLETTER ADVERTISING 413765 COM-0979 5822.6122 ADVERTISING OTHER 50Th ST SELLING 66.67 NEWSLETTER ADVERTISING 413765 COM-0979 5842.6122 ADVERTISING OTHER YORK SELLING 266.66 ABOUT TOWN ADVERTISING 413766 COM-0984 5862.6122 ADVERTISING OTHER VERNON SELLING 266.67 ABOUT TOWN ADVERTISING 413766 COM-0984 5822.6122 ADVERTISING OTHER 50TH ST SELLING 266.67 ABOUT TOWN ADVERTISING 413766 COM-0984 5842.6122 ADVERTISING OTHER YORK SELLING 1,000.00 408452 10/13/2016 100692 COCA-COLA DISTRIBUTION 170.64 413637 3600200734 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 170.64 408453 10/13/2016 120433 COMCAST 18.08 8772 10 614 0161120 413865 161120-9/16 5511.6188 TELEPHONE ARENA BLDG/GROUNDS 99.86 8772 10 614 0177449 413845 177449-9/16 5420.6188 TELEPHONE CLUB HOUSE 117.94 408454 10/13/2016 121066 COMMERCIAL ASPHALT CO. 6,461.91 HOT MIX 413541 091516 1314.6518 BLACKTOP STREET RENOVATION 6,461.91 408455 10/13/2016 101329 CONSTRUCTION MATERIALS INC. 14.10 TIE WIRE 00001680 413542 0148745-IN 5932.6406 GENERAL SUPPLIES GENERAL STORM SEWER 14.10 408456 10/13/2016 134645 CORNERSTONE HOMES 2,500.00 5812 BERNARD DEMO ESCROW 413866 ED143081 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 2,500.00 5812 BERNARD NEW HOME ESCROW 413867 ED143090 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 7,500.00 5812 BERNARD TEMP CO ESCROW 413868 ED149085 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 12,500.00 408457 10/13/2016 121267 CREATIVE RESOURCES R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page- 12 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408457 10/13/2016 121267 CREATIVE RESOURCES Continued... 3,201.60 POPCORN BAGS 413424 49577 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 427.17 UNIFORMS 413869 50131 5720.6201 LAUNDRY EDINBOROUGH OPERATIONS 3,628.77 408458 10/13/2016 102596 CROWN TROPHY 170.40 PLATE ENGRAVING 413689 15438 5110.6513 OFFICE SUPPLIES ART CENTER ADMINISTRATION 170.40 408459 10/13/2016 100699 CULLIGAN BOTTLED WATER 252.41 114-10079853-6 413846 091516 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 252.41 408460 10/13/2016 130169 CUSTOM BUSINESS FORMS 770.00 NEWSLETTERS 413769 308500 1628.6575 PRINTING SENIOR CITIZENS 770.00 408461 10/13/2016 134792 DECISION WISE LLC 126.06 ENGAGEMENT SURVEY FEES 413870 16539 1556.6103 PROFESSIONAL SERVICES EMPLOYEE SHARED SERVICES 126.06 408462 10/13/2016 100718 DELEGARD TOOL CO. 50.13 SOCKETS 00005681 413426 126762 1553.6556 TOOLS EQUIPMENT OPERATION GEN 129.86 TIRE INFLATORS 00005753 413425 126870 1553.6556 TOOLS EQUIPMENT OPERATION GEN 179.99 408463 10/13/2016 122135 DENFELD, SCOTT 232.74 MILEAGE REIMBURSEMENT 413802 100616 1130.6107 MILEAGE OR ALLOWANCE COMMUNICATIONS 176.00 OSMO REPAIR 413691 REIMBURSE 1130.6410 VIDEO PRODUCTION SUPPLIES COMMUNICATIONS 408.74 408464 10/13/2016 123995 DICK'S/LAKEVILLE SANITATION INC. 6,193.00 REFUSE 413544 DT0001565053 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 1,474.22 ORGANICS 413543 DT0001565054 4095.6103 PROFESSIONAL SERVICES 50TH STREET RUBBISH 7,667.22 408465 10/13/2016 136484 DIEBEL, MIKE 280.00 BRAEMAR GOLF ACADEMY 413847 101016 5401.4602 LESSONS GOLF REVENUES 280.00 408466 10/13/2016 100731 DPC INDUSTRIES INC. R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 13 Council Check Register by Invoice & Sumrnary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408466 10/13/2016 100731 DPC INDUSTRIES INC. Continued... 1,178.75 CHEMICALS 00005328 413427 827001367-16 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 1,827.37 CHEMICALS 00005328 413428 827001368-16 5915.6586 WATER TREATMENT SUPPLIES WATER TREATMENT 3,006.12 408467 10/13/2016 100146 FACTORY MOTOR PARTS COMPANY 33.56 LINKS 413431 1-5091828 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 87.32 SENSOR ASSEMBLIES 413429 1-5092046 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 575.20 FVP DEF2-5GAL 413548 1-5093312 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 41.14 LINKS 413803 69-240351 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 16.78 LINKS 413433 69-240545 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 31.95 ACCUVISION BLADES 413432 69-241004 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 155.60 BRAKE PAD, ROTORS 413430 69-241013 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 41.82 FVP GREEN-GAL 413804 69-241241 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 16.78 LINKS 413805 69-241593 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 130.89 ROTOR ASSEMBLIES, BRAKE KIT 413806 69-241595 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,131.04 408468 10/13/2016 102485 FAHRENIGZUG, ROGER 444.00 BRAEMAR GOLF ACADEMY 413848 101016 5401.4602 LESSONS GOLF REVENUES 444.00 408469 10/13/2016 106035 FASTENAL COMPANY 34.82 NUTS, BOLTS FOR STREET LTS 00005555 413549 MNTC2140164 1321.6530 REPAIR PARTS STREET LIGHTING REGULAR 34.82 408470 10/13/2016 130136 FAUS, SUSAN 123.12 MILEAGE REIMBURSEMENT 413550 100316 1600.6107 MILEAGE OR ALLOWANCE PARK ADMIN. GENERAL 123.12 408471 10/13/2016 100756 FEDEX 24.01 SHIPPING CHARGE 413695 5-557-56090 1400.6235 POSTAGE POLICE DEPT. GENERAL 8.87 RETURN SHIPMENT 413551 5-560-91545 1554.6406 GENERAL SUPPLIES CENT SERV GEN - MIS 32.88 408472 10/13/2016 126725 FORTNER, NOLA 3.25 ART WORK SOLD 391348 010616 5101.4413 ART WORK SOLD ART CENTER REVENUES 3.25 408473 10/13/2016 100764 G & K SERVICES 90.89 ACCT 0039263 413849 1013911231 5421.6201 LAUNDRY GRILL R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408473 10/13/2016 100764 G & K SERVICES Continued... 90.89 408474 10/13/2016 117293 GAME TIME 275,000.00 ROSLAND PLAYGROUND EQUIPMEN00007001 413807 P3I-0045929 47101.6710 EQUIPMENT REPLACEMENT Rosland Park Playground 275,000.00 408475 10/13/2016 139315 GEHRKE, JIM 703.00 REPAIRS AT 4508 GRIMES AVE 413873 091316 05558.1705.21 CONSULTING INSPECTION Morningside A & White Oaks C 703.00 408476 10/13/2016 139317 GILDER, ERIK 18.71 UTILITY REFUND - FINAL 413953 0341396000 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 18.71 408477 10/13/2016 125289 GLOCK PROFESSIONAL INC. 3,250.00 GLOCK ARMORER'S COURSE 413437 104745 7410.6103 PROFESSIONAL SERVICES PSTF ADMINISTRATION 3,250.00 408478 10/13/2016 124471 GOODPOINTE TECHNOLOGY INC. 5,145.00 2016 ROADWAY PCI 413771 3679 1261.6103 PROFESSIONAL SERVICES CONSTRUCTION MANAGEMENT 5,145.00 408479 10/13/2016 100780 GOPHER STATE ONE-CALL INC. 1,417.50 SEPT 2016 SERVICE 00001723 413772 6090333 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 1,417.50 408480 10/13/2016 101103 GRAINGER 216.27 THERMOMETERS 00005555 413773 9226199413 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 123.28 COUPLERS 00005745 413440 9232970906 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 90.98 PAINT MARKERS 00005542 413441 9232970914 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 174.59 MEHCANICAL TSTAT CONTROL 00005555 413443 9233066522 450008.6710 EQUIPMENT REPLACEMENT Ameson Acres Greenhouse 77.80 COUPLERS 00005745 413442 9233147652 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 72.51 TIRE PASTE APPLICATOR BRUSH 00005745 413439 9235635811 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 123.28- CREDIT 00005745 413444 9236106705 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 296.03 UTENSILS, EAR PLUGS 00005544 413552 9236770674 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 89.38 GRINDING WHEELS 00005745 413438 9239724363 1553.6556 TOOLS EQUIPMENT OPERATION GEN 100.24 EAR PLUGS 413962 9242996990 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 1,117.80 408481 10/13/2016 102217 GRAPE BEGINNINGS INC R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408481 10/13/2016 102217 GRAPE BEGINNINGS INC Continued... 942.75 413638 MN00010734 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 128.25 413913 MN00010813 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,071.00 408482 10/13/2016 100783 GRAYBAR ELECTRIC CO. INC. 305.66 POWER SUPPLIES 00005555 413445 987437606 5915.6530 REPAIR PARTS WATER TREATMENT 843.58 SHIELDS FOR TRAFFIC 00005555 413774 987502661 1330.6530 REPAIR PARTS TRAFFIC SIGNALS 1,149.24 408483 10/13/2016 100008 GRUBE, MIKE 924.00 BRAEMAR GOLF ACADEMY 413850 101016 5401.4602 LESSONS GOLF REVENUES 924.00 408484 10/13/2016 104459 GS DIRECT INC. 224.11 OCE MAINTENANCE KIT 413775 326065 1261.6406 GENERAL SUPPLIES CONSTRUCTION MANAGEMENT 224.11 408485 10/13/2016 129108 HAAG COMPANIES INC. 3.94 SOD, BLACK DIRT 413808 093016 1643.6543 SOD & BLACK DIRT GENERAL TURF CARE 107.73 SOD, BLACK DIRT 413808 093016 5913.6543 SOD & BLACK DIRT DISTRIBUTION 111.67 408486 10/13/2016 139314 HALE, TODD 214.91 UTILITY OVERPAYMENT REFUND 413851 5920 HANSEN RD 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 214.91 408487 10/13/2016 103725 HAMER, STEVE 69.98 UNIFORM PURCHASE 413809 100616 5913.6201 LAUNDRY DISTRIBUTION 69.98 408488 10/13/2016 100012 HD SUPPLY WATERWORKS LTD 4,533.79 HYDRANT, GATE VALVE 00001675 413553 G188740 5913.6530 REPAIR PARTS DISTRIBUTION 118.40 PIPE 00001725 413777 G193976 5932.6535 PIPE GENERAL STORM SEWER 559.81 HYDRANT EXT. 00001724 413776 G195415 5913.6530 REPAIR PARTS DISTRIBUTION 5,212.00 408489 10/13/2016 106371 HENNEPIN COUNTY MEDICAL CENTER 2,475.08 MEDICAL DIRECTOR SERVICES 413446 46523 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 2,475.08 R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page- 16 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No . Subledger Account Description Business Unit 408490 10/13/2016 100801 HENNEPIN COUNTY TREASURER Continued... 968.85 SEPT 2016 BOOKINGS 413810 1000081995 1195.6170 COURT CHARGES LEGAL SERVICES 968.85 408491 10/13/2016 105436 HENNEPIN COUNTY TREASURER 165.00 SEPT 2016 BUNDLED SERVICES 413811 1000082218 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 165.00 408492 10/13/2016 118765 HENRY SCHEIN INC. 530.38 00003837 413698 34600724 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 66.50 00003837 413697 34611472 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 874.55 AMBULANCE SUPPLIES 00003839 413696 34786988 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 1,471.43 408493 10/13/2016 116680 HEWLETT-PACKARD COMPANY 210.00 REPLACE LAPTOP DOCKS 00004360 413554 57592588 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 3,900.16 REPLACE LAPTOPS 00004360 413555 57606950 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 105.00 DOCK FOR CARLSON 00004362 413556 57630331 1170.6406 GENERAL SUPPLIES HUMAN RESOURCES 622.49 LAPTOP FOR CARLSON 413557 57665267 1170.6406 GENERAL SUPPLIES HUMAN RESOURCES 748.00 COMPUTER REPLACEMENT 413557 57665267 1554.6710 EQUIPMENT REPLACEMENT CENT SERV GEN - MIS 5,585.65 408494 10/13/2016 103753 HILLYARD INC - MINNEAPOLIS 522.55 VACUUM 413447 602248350 5511.6511 CLEANING SUPPLIES ARENA BLDG/GROUNDS 522.55 408495 10/13/2016 104375 HOHENSTEINS INC. 2,066.00 413640 853063 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,408.25 413639 853064 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,538.50 413642 853154 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 101.00 413641 853354 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 7,113.75 408496 10/13/2016 100417 HORIZON COMMERCIAL POOL SUPPLY 509.96 HYPOCHLORITE 00002248 413874 160921005 5720.6545 CHEMICALS EDINBOROUGH OPERATIONS 509.96 408497 10/13/2016 103869 HOTSYMINNESOTA.COM 176.81 PLUG 413448 53279 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 454.35 PARTS FOR WASH BAY 413778 53359 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 631.16 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408497 408498 10/13/2016 10/13/2016 103869 HOTSYMINNESOTA.COM 119998 HOVLAND, JAMES Continued... 1,105.65 CONFERENCE REIMBURSEMENT 413963 JUNE 2016 1100.6103 PROFESSIONAL SERVICES CITY COUNCIL 1,105.65 408499 10/13/2016 131544 INDEED BREWING COMPANY 903.00 413643 44124 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 903.00 408500 10/13/2016 104572 INVISIBLE FENCE CO. OF MN 249.31 DOG FENCE REPAIR 413812 204538 07129.1705.21 CONSULTING INSPECTION S129 CORNELIA DR SIDEWALK 249.31 408501 10/13/2016 100829 JERRY'S HARDWARE 26.37 413452 9/16-ELEC 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 28.38 413452 9/16-ELEC 4090.6406 GENERAL SUPPLIES 50TH&FRANCE MAINTENANCE 6.39 413452 9/16-ELEC 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 72.05 413451 9/16-EQUIP 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 42.32 413779 9/16-FACILITIES 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 106.42 413453 9/16-FIRE 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 31.99 413449 9/16-PARK&REC 1626.6406 GENERAL SUPPLIES SPORTS CAMP 315.18 413450 9/16-PARKS 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 54.34 413813 9/16-STREETS 1301.6556 TOOLS GENERAL MAINTENANCE 175.95 413813 9/16-STREETS 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 179.11 413813 9/16-STREETS 1335.6406 GENERAL SUPPLIES PAVEMENT MARKINGS 201.01 413813 9/16-STREETS 1314.6406 GENERAL SUPPLIES STREET RENOVATION 95.97 413813 9/16-STREETS 4090.6406 GENERAL SUPPLIES 50TH&FRANCE MAINTENANCE 9.97 413562 9/16-UTILITY 5915.6406 GENERAL SUPPLIES WATER TREATMENT 30.43 413562 9/16-UTILITY 5913.6406 GENERAL SUPPLIES DISTRIBUTION 37.40 413562 9/16-UTILITY 5921.6406 GENERAL SUPPLIES SANITARY LIFT STATION MAINT 74.77 413562 9/16-UTILITY 5920.6406 GENERAL SUPPLIES SEWER CLEANING 152.63 413562 9/16-UTILITY 5912.6406 GENERAL SUPPLIES WELL HOUSES 56.64 413562 9/16-UTILITY 5932.6406 GENERAL SUPPLIES GENERAL STORM SEWER 1,697.32 408502 10/13/2016 100741 JJ TAYLOR DIST. OF MINN 953.25 413645 2581818 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 956.25 413644 2581819 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,157.65 413731 2581847 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 127.99 413732 2581848 5822.5515 COST OF GOODS SOLD MLX 50TH ST SELLING R55CKR2 Check # LOGIS101 Date Amount Supplier / Explanation PO t/ CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 Doc No Inv No Account No Subledger Account Description 10/11/2016 9:21:34 Page- 18 Business Unit 408502 10/13/2016 100741 JJ TAYLOR DIST. OF MINN Continued... 3,597.31 413952 2581849 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 101.89 413914 2581850 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,107.00 413916 2581851 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 5,466.78 413918 2581854 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 109.20 413917 2581855 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 15,577.32 408503 10/13/2016 138425 JOELSON, ERICA 312.12 MILEAGE REIMBURSEMENT 413974 101016 1644.6107 MILEAGE OR ALLOWANCE TREES & MAINTENANCE 312.12 408504 10/13/2016 100835 JOHNSON BROTHERS LIQUOR CO. 215.43 413919 5517849 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,648.08 413653 5550535 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,757.48 413654 5550538 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1.16 413649 5550540 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 595.57 413652 5550541 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 5,414.62 413648 5550546 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 6,604.44 413650 5550550 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 703.16 413651 5550553 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 4,136.87 413733 5550564 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 4,707.67 413647 5550565 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 550.15 413646 5552049 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 445.14 413921 5556420 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1.16 413738 5556424 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,291.28 413922 5556425 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 4,848.34 413923 5556426 5822.5513 COST OF GOODS SOLD WINE 50111 ST SELLING 1,365.61 413924 5556427 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 216.04 413920 5556428 58215512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 8,654.10 413930 5556430 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 3,411.71 413927 5556431 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,015.64 413929 5556432 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,785.80 413926 5556433 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,506.89 413933 5556434 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 718.99 413925 5556435 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 656.60 413928 5556436 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 10,305.26 413740 5556439 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 396.53 413735 5556440 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,397.86 413737 5556441 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 4,698.87 413736 5556442 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 19 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408504 10/13/2016 100835 JOHNSON BROTHERS LIQUOR CO. Continued... 1,655.92 413739 5556443 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 207.41 413734 5556444 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 978.44 413932 5557701 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 312.51 413931 5557939 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 270.00- 413655 593319 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 225.92- 413934 593325 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 14.24- 413741 594262 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 74,694.57 408505 10/13/2016 120296 KAASA, GUNNAR 119.00 UNIFORM PURCHASE 413563 100316 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 119.00 408506 10/13/2016 135813 KAMPEN, CAITLIN 853.07 MILEAGE REIMBURSEMENT 367968 032415 1622.6107 MILEAGE OR ALLOWANCE SKATING & HOCKEY 853.07 408507 10/13/2016 134811 KLAPPERICK, SEAN 113.04 UNIFORM PURCHASE 413875 100616 1553.6201 LAUNDRY EQUIPMENT OPERATION GEN 113.04 408508 10/13/2016 115192 KNUDSON, DEBBIE 88.00 BRAEMAR GOLF ACADEMY 413853 101016 5401.4602 LESSONS GOLF REVENUES 88.00 408509 10/13/2016 101339 KULAK, CAROLE 114.58 FALL DECOR 413854 100616 5422.6275 COURSE BEAUTIFICATION MAINT OF COURSE & GROUNDS 114.58 408510 10/13/2016 116776 KUSTOM 'CARRIERS 145.00 IMPOUND FEE 413964 76114 2340.6103 PROFESSIONAL SERVICES DWI FORFEITURE 97.00 TOW SQUAD 413814 77598 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 242.00 408511 10/13/2016 100605 LANDS' END BUSINESS OUTFITTERS 10.00- CREDIT 413966 SCR517341 1556.6203 UNIFORM ALLOWANCE EMPLOYEE SHARED SERVICES 125.00 PROGRAM CERTIFICATE 413965 SIN4178964 1556.6203 UNIFORM ALLOWANCE EMPLOYEE SHARED SERVICES 115.00 408512 10/13/2016 100852 LAWSON PRODUCTS INC. R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 20 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408512 10/13/2016 100852 LAWSON PRODUCTS INC. Continued... 22.85 DRILL BITS 413967 9304391113 7411.6406 GENERAL SUPPLIES PSTF OCCUPANCY 618.52 HOSE, DISCS, TUBING 00005679 413564 9304392912 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 641.37 408513 10/13/2016 103396 LENT, WILLIAM 757.61 FIREARM SAFETY TRAINING 413699 TRIP EXPENSES 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 757.61 408514 10/13/2016 125208 LOVEJOY, NICHOLAS 54.92 MILEAGE REIMBURSEMENT 413566 100416 1554.6107 MILEAGE OR ALLOWANCE CENT SERV GEN - MIS 54.92 408515 10/13/2016 129657 M.S. INDUSTRIES INC. 1,438.80 413569 13131 1314.6518 BLACKTOP STREET RENOVATION 490.20 MILLING BITS 413567 13134 1314.6518 BLACKTOP STREET RENOVATION 489.70 413568 13150 1314.6518 BLACKTOP STREET RENOVATION 2,418.70 408516 10/13/2016 100864 MACQUEEN EQUIPMENT INC. 347.33 DIAGNOSTIC BOX 00005654 413781 P01871 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 347.33 408517 10/13/2016 134063 MANSFIELD OIL COMPANY 6,160.80 DIESEL FUEL 413571 765267 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 6,895.61 UNLEADED FUEL 413570 765327 1553.6581 GASOLINE EQUIPMENT OPERATION GEN 13,056.41 408518 10/13/2016 139320 MARTIN, JERALD 4.68 UTILITY REFUND - FINAL 413954 4501 BRUCE AVE 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 4.68 408519 10/13/2016 139323 MARTIN, PATRICIA 198.00 HANDGUN SAFETY CLASS 413968 REFUND 7414.4390 REGISTRATION FEES PUBLIC PROGRAMS 198.00 408520 10/13/2016 139305 MCKINZIE, IEESHA 28.90 PERMIT REFUND 413700 ED142840 1495.4112 PLUMBING PERMITS INSPECTIONS 28.90 408521 10/13/2016 102281 MENARDS R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page- 21 Council Check Register by Invoice & Summary Check # Date 10/13/2016 -- Amount Supplier / Explanation PO 8 Doc No Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408521 10/13/2016 102281 MENARDS Continued... 207.96 BLINDS 00007501 413456 22288 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 207.96 408522 10/13/2016 104366 MENDEL, NATHAN 49.77 UNIFORM PURCHASE 413701 100316 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 49.77 408523 10/13/2016 100885 METRO SALES INC 300.00 TEMP COPIER FOR ELECTION 413572 INV625408 1180.6151 EQUIPMENT RENTAL ELECTION 300.00 408524 10/13/2016 100887 METROPOLITAN COUNCIL ENVIRONMENTAL SERV 412,865.70 NOV 2016 SERVICE 413702 0001060012 5922.6302 SEWER SERVICE METRO SEWER TREATMENT 412,865.70 408525 10/13/2016 102007 MINNCOR INDUSTRIES 300.00 HAND SOAP 00001642 413782 SOI-051453 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 300.00 408526 10/13/2016 100913 MINNEAPOLIS & SUBURBAN SEWER & WATER 900.00 WATER SERVICE REPLACEMENT 00001720 413573 35310 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 900.00 408527 10/13/2016 103216 MINNEAPOLIS FINANCE DEPARTMENT 13,291.46 SEPT 2016 WATER 413703 431-0005-9/16 5913.6601 WATER PURCHASED DISTRIBUTION 13,291.46 408528 10/13/2016 102014 MINNESOTA CLAY USA 150.84 CLAY, GLAZE 00009500 413704 96748 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 126.00 CLAY 00009509 413705 97495 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 150.31 CLAY TOOLS 00009509 413706 97496 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 427.15 408529 10/13/2016 139322 MINNESOTA DESIGN BUILD LLC 51.36 UTILITY REFUND - FINAL 413955 5204 62ND ST W 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 51.36 408530 10/13/2016 136248 MINNESOTA EQUIPMENT 126.12 MOWER BLADES 413574 P19945 1641.6530 REPAIR PARTS MOWING 126.12 R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 22 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408530 10/13/2016 136248 MINNESOTA EQUIPMENT Continued... 408531 10/13/2016 128914 MINUTEMAN PRESS 49.00 URBAN VISION POSTERS 413457 21182 1120.6406 GENERAL SUPPLIES ADMINISTRATION 47.48 SYMPOSIUM POSTERS 413458 21186 1120.6406 GENERAL SUPPLIES ADMINISTRATION 49.00 POSTERS 413459 21261 1120.6406 GENERAL SUPPLIES ADMINISTRATION 145.48 408532 10/13/2016 120996 MOBILE MINI INC. 153.54 CONSTRUCTION STORAGE 413460 9000976990 7411.6710 EQUIPMENT REPLACEMENT PSTF OCCUPANCY 153.54 408533 10/13/2016 121491 MORRIE'S PARTS & SERVICE GROUP 12.32 BUSHINGS 00005649 413461 544699F6W 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 12.32 408534 10/13/2016 101390 MUNICIPAL EMERGENCY SERVICES INC. 419.89 BOOTS 00003861 413463 IN1067201 1470.6552 PROTECTIVE CLOTHING FIRE DEPT. GENERAL 419.89 408535 10/13/2016 139312 NEMO ARMS INC. 10,813.20 SNIPER RIFLES 413818 8161 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 10,813.20 408536 10/13/2016 100763 NEOPOST USA INC 238.65 POSTAGE METER RENTAL 413575 54240157 1554.6230 SERVICE CONTRACTS EQUIPMENT CENT SERV GEN - MIS 238.65 408537 10/13/2016 100076 NEW FRANCE WINE CO. 267.00 413935 113967 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 973.50 413656 113968 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 543.50 413742 113969 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,784.00 408538 10/13/2016 134457 NEW LOOK CONTRACTING INC. 36,590.93 EDINA SPORTS DOME 413576 15 5500.1705 CONSTR. IN PROGRESS ICE ARENA BALANCE SHEET 36,590.93 408539 10/13/2016 104350 NIKE USA INC. 264.30 UNIFORMS 413878 993323724 5720.6201 LAUNDRY EDINBOROUGH OPERATIONS 264.30 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 23 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- 10/13/2016 Inv No Account No Subledger Account Description Business Unit 408539 408540 10/13/2016 10/13/2016 104350 NIKE USA INC. 103106 NLSC PRODUCTS INC. Continued... 300.76 BALLASTS 413783 97931 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 300.76 408541 10/13/2016 133611 NORTHERN'S ONE HOUR HTG & AC 87.08 PERMIT REFUND 413879 ED151097 1495.4115 MECHANICAL PERMITS INSPECTIONS 87.08 408542 10/13/2016 139309 NORTHLAND HOME EXTERIORS 210.70 PERMIT REFUND 413819 ED150581 1495.4111 BUILDING PERMITS INSPECTIONS 210.70 408543 10/13/2016 138294 NORTON HOMES LLC 12,750.00 5113 GROVE ST 413820 UTILITY UPGRADE 5925.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - SEWER 12,750.00 408544 10/13/2016 105901 °ERTEL ARCHITECTS 4,000.00 FACILITY EXPANSION PROJECT 413970 SMPSTF#12 7411.6710 EQUIPMENT REPLACEMENT PSTF OCCUPANCY 4,000.00 408545 10/13/2016 116225 OLMSTED COUNTY 300.00 OUT OF COUNTY WARRANT 413707 100416 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 300.00 408546 10/13/2016 101659 ORKIN 130.00 PEST CONTROL 413824 28429180-9/16 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 22.00 PEST CONTROL 413821 28438083-9/16 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 22.00 PEST CONTROL 413823 28441102-9/16 4090.6103 PROFESSIONAL SERVICES 50TH&FRANCE MAINTENANCE 144.35 PEST CONTROL 413825 28464293-9/16 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 136.73 PEST CONTROL 413822 28650543-9/16 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 455.08 408547 10/13/2016 139304 OSSEO CONSTRUCTION CO. LLC 139,887.50 WATER TOWER PAINTING 00001519 413578 APPL 1 05394.6710 EQUIPMENT REPLACEMENT SOUTHDALE WATER TOWER REHAB 139,887.50 408548 10/13/2016 138020 PATRICK'S CATERING 55.38 CATERED FOOD 413880 10300 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 37.70 413881 10301 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 24 Check # Date Amount Supplier / Explanation PO 6 Doc No Inv No Account No Subledger Account Description Business Unit 408548 10/13/2016 138020 PATRICK'S CATERING Continued... 93.08 408549 10/13/2016 100347 PAUSTIS WINE COMPANY 400.70 413659 8564424-IN 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 189.90 413657 8564427-IN 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 4,501.50 413658 8564431-IN 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5,092.10 408550 10/13/2016 125492 PAYPAL INC. 39.95 UTILITY FEES 413465 54353657 5902.6155 BANK SERVICES CHARGES UTILITY BILLING - FINANCE 39.95 408551 10/13/2016 100945 PEPSI-COLA COMPANY 783.40 PW OPEN HOUSE 413827 50545700 1280.6406 GENERAL SUPPLIES SUPERVISION & OVERHEAD 518.26- RETURN PRODUCT 413828 50545717 1280.6406 GENERAL SUPPLIES SUPERVISION & OVERHEAD 996.03 413826 55867662 5761.5510 COST OF GOODS SOLD CENTENNIAL LAKES OPERATING 385.33 413882 80300402 5520.5510 COST OF GOODS SOLD ARENA CONCESSIONS 1,646.50 408552 10/13/2016 139310 PETERSON, SUSAN 51.44 REPLACE OSCILLATING SPRINKLER 413830 REIMBURSE 01422.1705.31 MATERIALS/SUPPLIES 2016 RECON MORNINGSIDE A 51.44 408553 10/13/2016 131877 PETTY CASH 71.94 BIRTHDAY CAKES 413708 100416 5310.5510 COST OF GOODS SOLD POOL ADMINISTRATION 71.94 408554 10/13/2016 100743 PHILLIPS WINE & SPIRITS 1,809.28 413662 2041919 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,087.98 413938 2049339 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,509.86 413660 2050199 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 95.18 413661 2050385 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 575.12 413744 2053353 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 851.60 413747 2053354 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1.16 413936 2053355 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 425.80 413943 2053356 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,153.72 413939 2053357 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 851.60 413941 2053358 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 532.94 413944 2053359 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 3.48 413937 2053362 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page- 25 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408554 10/13/2016 100743 PHILLIPS WINE & SPIRITS Continued... 1,551.91 413940 2053363 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,870.50 413942 2053364 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 375.96 413745 2053367 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 397.05 413743 2053368 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,047.55 413746 2053369 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 17,140.69 408555 10/13/2016 137567 PHILLIPS, JEFF 100.00 RED WING SHOES 413883 100716 5720.6201 LAUNDRY EDINBOROUGH OPERATIONS 100.00 408556 10/13/2016 101138 PLEAA 120.00 TRAINING REGISTRATION 413829 NOV 9TH 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 120.00 408557 10/13/2016 100958 PLUNKETT'S PEST CONTROL 44.89 PEST CONTROL 413466 5527180 7411.6103 PROFESSIONAL SERVICES PSTF OCCUPANCY 44.89 408558 10/13/2016 106152 POWERPLAN 154.18 FORESTRY TOOLS 00001681 413579 P13516 1644.6556 TOOLS TREES & MAINTENANCE 154.18 408559 10/13/2016 125979 PRECISE MRM LLC 8,232.43 GPS UNITS (UPDATES) 413581 IN200-1010069 1314.6518 BLACKTOP STREET RENOVATION 950.00 GPS SERVICE 413580 1N200-1010137 1314.6518 BLACKTOP STREET RENOVATION 9,182.43 408560 10/13/2016 129706 PREMIUM WATERS INC. 33.14 622833 413884 622833-9/16 5710.6406 GENERAL SUPPLIES EDINBOROUGH ADMINISTRATION 33.14 408561 10/13/2016 100966 PRINTERS SERVICE INC 160.00 BLADE SHARPENING 413885 278658 5521.6215 EQUIPMENT MAINTENANCE ARENA ICE MAINT 160.00 408562 10/13/2016 108540 PROFESSIONAL TURF & RENOVATION 860.00 FERTILIZER 00001643 413582 716147 1643.6540 FERTILIZER GENERAL TURF CARE 860.00 R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 26 Check # Date Amount Supplier / Explanation PO 4 Doc No Inv No Account No Subledger Account Description Business Unit 408563 10/13/2016 138144 QED ENVIRONMENTAL SYSTEMS Continued... 378.17 CAULK 00001611 413831 0000230712 5915.6406 GENERAL SUPPLIES WATER TREATMENT 378.17 408564 10/13/2016 104642 RCM SPECIALTIES INC. 850.20 GRS2 OIL 413583 5682 1314.6519 ROAD OIL STREET RENOVATION 850.20 408565 10/13/2016 134832 RICHFIELD BLACKTOP & CONCRETE 3,900.00 SIDEWALK/DRIVEWAY REPAIR 413832 3182 07129.1705.21 CONSULTING INSPECTION S129 CORNELIA DR SIDEWALK 3,900.00 408566 10/13/2016 100980 ROBERT B. HILL CO. 177.60 SOFTENER SALT 00001677 413784 339960 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 177.60 408567 10/13/2016 139318 RYAN, JOHN 25.12 UTILITY REFUND - FINAL 413956 5501 KNOLL DR 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 25.12 408568 10/13/2016 100988 SAFETY KLEEN 182.95 BRAKE CLEANER 413469 71298344 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 124.21 RECYCLE PARTS WASHER 413785 R002303235 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 307.16 408569 10/13/2016 129348 SAFETY ON SITE LLC 428.00 SAFETY HARNESSES 413709 7? 5720.6610 SAFETY EQUIPMENT EDINBOROUGH OPERATIONS 440.00 SCISSOR LIFT TRAINING 413710 ??? 5553.6104 CONFERENCES & SCHOOLS SPORTS DOME BLDG&GROUNDS 660.00 SCISSOR LIFT TRAINING 413710 ??? 5710.6104 CONFERENCES & SCHOOLS EDINBOROUGH ADMINISTRATION 1,528.00 408570 10/13/2016 137059 SAHR, GRANT 175.00 SAFTEY BOOTS 413975 100716 1301.6610 SAFETY EQUIPMENT GENERAL MAINTENANCE 175.00 408571 10/13/2016 104151 SCHINDLER ELEVATOR CORP. 617.16 QUARTERLY BILLING 413786 8104373969 1551.6103 PROFESSIONAL SERVICES CITY HALL GENERAL 617.16 408572 10/13/2016 103479 SCHULTZ, RYAN 129.35 UNIFORM PURCHASE 413711 100416 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL R55CKR2 LOGISIOI CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 27 Council Check Register by Invoice & Summary Check 6 Date Amount Supplier / Explanation PO 6 Doc No 10/13/2016 — Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408572 10/13/2016 103479 SCHULTZ, RYAN Continued... 129.35 408573 10/13/2016 100995 SEH 1,148.18 ANTENNA PROJECT 413787 321317 1001.4722 RENTAL OF PROPERTY GENERAL FUND REVENUES 1,148.18 408574 10/13/2016 103237 SHIRLEY, TOM 136.19 MILEAGE REIMBURSEMENT 413856 100716 5760.6107 MILEAGE OR ALLOWANCE CENTENNIAL LAKES ADMIN EXPENSE 136.19 408575 10/13/2016 120784 SIGN PRO 57.10 RESTROOM SIGNS 00001228 413584 10573 1646.6103 PROFESSIONAL SERVICES BUILDING MAINTENANCE 1,611.60 SIGNAGE 413857 10711 5400.1705 CONSTR. IN PROGRESS GOLF BALANCE SHEET 60.00 LIQUOR STORE SIGNS 413712 10940 5862.6575 PRINTING VERNON SELLING 72.00 LIQUOR STORE SIGNS 413712 10940 5822.6575 PRINTING 50TH ST SELLING 72.00 LIQUOR STORE SIGNS 413712 10940 5842.6575 PRINTING YORK SELLING 1,872.70 408576 10/13/2016 100999 SIGNAL SYSTEMS INC. 52.70 TIME CLOCK RENTAL 413886 13078628 5310.6105 DUES & SUBSCRIPTIONS POOL ADMINISTRATION 52.70 408577 10/13/2016 103460 SNAP-ON TOOLS 4,178.00 CODE READER 00005752 413470 09141635507 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 463.00 TOOLS 413585 09281635874 1301.6556 TOOLS GENERAL MAINTENANCE 4,641.00 408578 10/13/2016 105739 SNAZA, DAVID 104.97 UNIFORM PURCHASE 413586 100316 1301.6201 LAUNDRY GENERAL MAINTENANCE 104.97 408579 10/13/2016 122368 SOUTH METRO PUBLIC SAFETY 850.00 FIREARMS INSTRUCTOR CERT 413471 9347 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 46,472.00 Q4 EXPANSION PROJECT 413472 9356 4425.6710 EQUIPMENT REPLACEMENT PSTF Classroom Expansion 6,212.00 Q4 DUES 413473 9357 1470.6221 RANGE RENTAL FIRE DEPT. GENERAL 8,500.00 Q4 DUES 413473 9357 1400.6221 RANGE RENTAL POLICE DEPT. GENERAL 62,034.00 408580 10/13/2016 127878 SOUTHERN WINE AND SPIRITS 3,598.33 413664 1457347 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING R55CKR2 LOG1S101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page - 28 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408580 10/13/2016 127878 SOUTHERN WINE AND SPIRITS Continued... 4,260.00 413666 1457351 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,063.20 413667 1457353 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 898.00 413749 1459993 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2,760.01 413750 1459994 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,508.00 413748 1459995 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 151.73 413671 1459996 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 5,714.25 413670 1459997 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,070.80 413669 1459998 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 3,263.60 413668 1459999 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 305.93 413663 1460000 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 311.60 413674 1460001 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,566.66 413665 1460002 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 6,647.36 413672 1460003 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 9,434.21 413673 1460004 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,265.20 413946 1461405 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1.20 413945 1461406 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 44,820.08 408581 10/13/2016 139306 SPENCER, STEPHANIE 33.25 LEARN TO SKATE MEMBERSHIP 413713 5510.6105 DUES & SUBSCRIPTIONS ARENA ADMINISTRATION 33.25 408582 10/13/2016 101007 STAR TRIBUNE 986.58 ADVERTIZING 413474 EDINA LIQUOR 5822.6122 ADVERTISING OTHER 50TH ST SELLING 986.58 ADVERTIZING 413474 EDINA LIQUOR 5842.6122 ADVERTISING OTHER YORK SELLING 986.59 ADVERTIZING 413474 EDINA LIQUOR 5862.6122 ADVERTISING OTHER VERNON SELLING 2,959.75 408583 10/13/2016 101007 STAR TRIBUNE 194.48 SUBSCRIPTION 413587 493121-9/16 1500.6103 PROFESSIONAL SERVICES CONTINGENCIES 194.48 408584 10/13/2016 133068 STEEL TOE BREWING LLC 470.00 413675 12695 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 470.00 408585 10/13/2016 123084 STROM, DOUG 132.00 HOSE 413833 REPAIR 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 132.00 R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 29 Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408586 10/13/2016 139319 STROM, JOHN Continued... 5.59 UTILITY REFUND - FINAL 413957 5005 ARDEN AVE 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET 5.59 408587 10/13/2016 139302 STRONG TOWNS 4,000.00 URBAN DESIGN SPEAKER 413475 2631 1120.6406 GENERAL SUPPLIES ADMINISTRATION 4,000.00 408588 10/13/2016 105874 SUBURBAN TIRE WHOLESALE INC. 1,409.48 TIRES 00005677 413477 10141706 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 520.92 TIRES 00005651 413478 10141770 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 535.44 TIRES 00005688 413588 10141913 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 517.96 TIRES 00005689 413589 10141939 1553.6583 TIRES & TUBES EQUIPMENT OPERATION GEN 2,983.80 408589 10/13/2016 121681 SUMMIT 490.00 SPRINKLER INSPECTIONS 00001577 413788 1139351 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 490.00 408590 10/13/2016 131085 SWEENEY, KEVIN 2.19 PARKING PERMIT REFUND 413714 REFUND 1000.2039 SALES & USE TAX PAYABLE GENERAL FUND BALANCE SHEET 30.00 PARKING PERMIT REFUND 413714 REFUND 4090.4751 PARKING PERMITS 50TH&FR_ANCE MAINTENANCE 32.19 408591 10/13/2016 119864 SYSCO MINNESOTA 84.84 413716 610010075 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 200.00 CONCESSION PRODUCT 413715 610010076 5730.5510 COST OF GOODS SOLD EDINBOROUGH CONCESSIONS 284.84 408592 10/13/2016 133553 TACTICAL SOLUTIONS 1,011.00 RADAR/LASER CERTIFICATION 413717 5814 1400.6514 INSPECTION EXPENSES POLICE DEPT. GENERAL 1,011.00 408593 10/13/2016 120602 TEAGUE, CARY 166.86 MILEAGE REIMBURSEMENT 413858 100616 1140.6107 MILEAGE OR ALLOWANCE PLANNING 166.86 408594 10/13/2016 121253 THAYER, LARRY 99.90 MILEAGE REIMBURSEMENT 413834 100616 1652.6107 MILEAGE OR ALLOWANCE WEED MOWING 99.90 R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page- 30 Check # Date Amount Supplier / Explanation PO 6 Doc No Inv No Account No Subledger Account Description Business Unit 408595 10/13/2016 106374 THERMA-STOR LLC Continued... 399.79 FILTERS, PUMP KIT 00001670 413591 2845881RI 5915.6406 GENERAL SUPPLIES WATER TREATMENT 399.79 408596 10/13/2016 101035 THORPE DISTRIBUTING COMPANY 1,629.85 413676 1151378 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 40.90 413677 1154530 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,670.75 408597 10/13/2016 101826 THYSSENKRUPP ELEVATOR CORP. 536.30 ELEVATOR MAINTENANCE 413887 3002824113 5521.6215 EQUIPMENT MAINTENANCE ARENA ICE MAINT 536.30 408598 10/13/2016 120700 TIGER OAK MEDIA 330.00 MAGAZINE ADVERTISING 413592 2016-154287 5822.6122 ADVERTISING OTHER 50TH ST SELLING 330,00 MAGAZINE ADVERTISING 413592 2016-154287 5842.6122 ADVERTISING OTHER YORK SELLING 330.00 MAGAZINE ADVERTISING 413592 2016-154287 5862.6122 ADVERTISING OTHER VERNON SELLING 990.00 408599 10/13/2016 123129 TIMESAVER OFF SITE SECRETARIAL INC. 203.00 COUNCIL MEETING 9/22/16 413593 M22399 1185.6103 PROFESSIONAL SERVICES LICENSING, PERMITS & RECORDS 203.00 408600 10/13/2016 136225 TIN FISH BRAEMAR PARK 1,743.22 CATER CITY MEETING 413972 279 1120.6106 MEETING EXPENSE ADMINISTRATION 1,743.22 408601 10/13/2016 138283 TIN WHISKERS BREWING CO LLC 372.80 413678 5221 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 93.20 413679 5248 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 466.00 408602 10/13/2016 120595 T-MOBILE 34.04 ENGINEERING GPS 413590 477067848-9/16 1261.6188 TELEPHONE CONSTRUCTION MANAGEMENT 34.04 408603 10/13/2016 134673 TOTAL MECHANICAL SERVICES INC. 1,147.89 FAN REPAIR 413888 17648 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 1,147,89 408604 10/13/2016 103982 TRAFFIC CONTROL CORPORATION R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page - 31 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408604 10/13/2016 103982 TRAFFIC CONTROL CORPORATION Continued... 370.00 CAMERA MOUNT 00005555 413594 93680 1330.6530 REPAIR PARTS TRAFFIC SIGNALS 370.00 408605 10/13/2016 104064 TRANS UNION LLC 10.00 BACKGROUND CHECKS 413835 09614846 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 10.00 408606 10/13/2016 131040 TRANS UNION RISK AND ALTERNATIVE 146.75 SEPT 2016 USAGE 413718 269634-10/16 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 146.75 408607 10/13/2016 136366 TRU NORTH PAINTING INC. 3,873.00 REPAIR/STAIN ARNESON GAZEBO 413889 16894 1640.6103 PROFESSIONAL SERVICES PARK MAINTENANCE GENERAL 1,998.00 WASH/STAIN GARDEN PK GAZEBO 413890 16895 1640.6103 PROFESSIONAL SERVICES PARK MAINTENANCE GENERAL 5,871.00 408608 10/13/2016 102150 TWIN CITY SEED CO. 322.50 ATHLETIC TURF MIXTURE 00001224 413973 37819 1642.6547 SEED FIELD MAINTENANCE 322.50 408609 10/13/2016 103048 U.S. BANK 57.19 TRUST FEE 413595 10089468 1001.4706 INCOME ON INVESTMENTS GENERAL FUND REVENUES 57.19 408610 10/13/2016 103973 ULINE 115.75 EVIDENCE SUPPLIES 413719 80468620 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 115.75 408611 10/13/2016 103298 UPS STORE #1715, THE 10.20 SHIPPING CHARGE 413978 TRAN:4731 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 10.20 408612 10/13/2016 139010 VALSTAR CAPITAL LLC 2,500.00 6240 BROOKVIEW ESCROW REFUND 413720 ED141499 1495.4109 CONSTRUCTION DEPOSIT INSPECTIONS 2,500.00 408613 10/13/2016 101058 VAN PAPER CO. 205.76 CAN LINERS 00001629 413482 399633-01 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 279.80 CAN LINERS 00001660 413483 400759-00 1645.6182 RUBBISH REMOVAL LITTER REMOVAL 43.34 LIQUOR BAGS 413721 401452-00 5862.6512 PAPER SUPPLIES VERNON SELLING R55CKR2 LOGIS101 CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 10/11/2016 9:21:34 Page- 32 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 408613 10/13/2016 101058 VAN PAPER CO. Continued... 43.34- RETURN CREDIT 413722 401782CI 5862.6512 PAPER SUPPLIES VERNON SELLING 485.56 408614 10/13/2016 131737 VEOLIA ENVIRONMENTAL SERVICES 2,131.12 PW HAZARDOUS WASTE PICKUP 413596 623450954 1280.6271 HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD 2,131.12 408615 10/13/2016 101066 VIKING ELECTRIC SUPPLY INC. 34.31 CAR WASH REPAIR PARTS 00005555 413484 1810527 1553.6238 CAR WASH EQUIPMENT OPERATION GEN 34.31 408616 10/13/2016 137833 VIKING TROPHIES AWARDS & RECONGNITION 1,040.00 FLASH DRIVES 413723 127170 1554.6406 GENERAL SUPPLIES CENT SERV GEN - MIS 1,040.00 408617 10/13/2016 103410 W.W. GOETSCH ASSOCIATES INC. 55.00 INSPECT BOOSTER PUMP 00001684 413491 97039 5912.6180 CONTRACTED REPAIRS WELL HOUSES 55.00 408618 10/13/2016 122059 WASHINGTON COUNTY FINANCIAL SERVICES 1,475.62 FIBER LEASE AGREEMENT 413487 95404 1400.6160 DATA PROCESSING POLICE DEPT. GENERAL 1,475.62 408619 10/13/2016 123616 WATER CONSERVATION SERVICES INC. 463.42 LEAK LOCATE 00001975 413488 7046 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 463.42 408620 10/13/2016 139321 WHALEN, ROBERT 8.35 UTILITY REFUND - FINAL 413958 5301 KELLOGG 5900.2015 CUSTOMER REFUND UTILITY BALANCE SHEET AVE 8.35 408621 10/13/2016 101312 WINE MERCHANTS 125.00- 413683 709897 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 30.00- 413682 709898 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,274.31 413681 7099688 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 377.26 413754 7101831 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 483.78 413755 7101832 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 212.50 413950 7101833 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,295.42 413949 7101835 5842.5513 COST OF GOODS SOLD WINE YORK SELLING R55CKR2 LOGIS101 CITY OF EDINA 10/11/2016 9:21:34 Council Check Register by GL Page- 33 Council Check Register by Invoice & Summary Check # Date Amount Supplier / Explanation PO # Doc No 10/13/2016 -- Inv No 10/13/2016 Account No Subledger Account Description Business Unit 408621 10/13/2016 101312 WINE MERCHANTS Continued... 62.73 413951 7101836 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 9,489.86 413753 7101837 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 17,040.86 408622 10/13/2016 124503 WINSUPPLY OF EDEN PRAIRIE 22.46 CORNER ANGLES, SOCKETS 00001682 413489 13700700 450008.6710 EQUIPMENT REPLACEMENT Arneson Acres Greenhouse 22.46 408623 10/13/2016 137148 WOOD, TRICIA 243.00 DANCE INSTRUCTOR 413836 SEPT 2016 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 243.00 408624 10/13/2016 105740 WSB & ASSOCIATES INC. 316.00 TRAFFIC STUDY 413490 3-01686-740 4422.6710 EQUIPMENT REPLACEMENT TRAFFIC STUDIES 666.67 GIS SERVICES 413891 7-01686-700 5924.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - WATER 666.67 GIS SERVICES 413891 7-01686-700 5925.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - SEWER 666.66 GIS SERVICES 413891 7-01686-700 5960.6103 PROFESSIONAL SERVICES ENGINEER SERVICES - STORM 2,316.00 408625 10/13/2016 101726 XCEL ENERGY 3,714.41 51-4159265-8 413493 517560346 7411.6185 LIGHT & POWER PSTF OCCUPANCY 1,432.83 51-51-5107681-4 413505 517572791 5111.6185 LIGHT & POWER ART CENTER BLDG/MAINT 2,013.89 51-5547446-1 413502 517580568 1628.6185 LIGHT & POWER SENIOR CITIZENS 7,391.88 51-9603061-0 413503 517631471 1552.6185 LIGHT & POWER CENT SVC PW BUILDING 734.29 51-0010060454-7 413504 517636560 5210.6185 LIGHT & POWER GOLF DOME PROGRAM 2,011.21 51-4827232-6 413496 517916730 5311.6185 LIGHT & POWER POOL OPERATION 30,565.01 51-4621797-2 413492 517916876 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 34.76 51-8102668-0 413495 518037726 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 1,249.81 51-5634814-2 413494 518130640 5934.6185 LIGHT & POWER STORM LIFT STATION MAINT 370.67 51-6046826-0 413499 518131798 5422.6185 LIGHT & POWER MAINT OF COURSE & GROUNDS 542.87 51-6229265-9 413598 518140769 1481.6185 LIGHT & POWER YORK FIRE STATION 2,010.84 51-6229265-9 413598 518140769 1470.6185 LIGHT & POWER FIRE DEPT. GENERAL 1,216.40 51-9251919-0 413497 518167954 5765.6185 LIGHT & POWER PROMENADE EXPENSES 218.03 51-9337452-8 413498 518175311 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 36.17 51-0194596-8 413501 518398512 1321.6185 LIGHT & POWER STREET LIGHTING REGULAR 1,637.90 51-6979948-4 413597 518515924 5821.6185 LIGHT & POWER 50TH ST OCCUPANCY 1,720.76 51-6979948-4 413597 518515924 5861.6185 LIGHT & POWER VERNON OCCUPANCY 1,989.31 51-6979948-4 413597 518515924 5841.6185 LIGHT & POWER YORK OCCUPANCY 448.94 51-9422326-6 413500 518521340 1322.6185 LIGHT & POWER STREET LIGHTING ORNAMENTAL 36,980.39 51-4888627-1 413838 518631943 5511.6185 LIGHT & POWER ARENA BLDG/GROUNDS R55CKR2 Check # LOGIS101 Date Amount Supplier / Explanation PO # CITY OF EDINA Council Check Register by GL Council Check Register by Invoice & Summary 10/13/2016 -- 10/13/2016 Doc No Inv No Account No Subledger Account Description 10/11/2016 9:21:34 Page - 34 Business Unit 408625 10/13/2016 101726 XCEL ENERGY Continued... 2,280.75 51-4966303-6 413724 518635796 1330.6185 LIGHT & POWER TRAFFIC SIGNALS 225.33 51-6137136-8 413837 518653171 5430.6185 LIGHT & POWER RICHARDS GOLF COURSE 98,826.45 408626 10/13/2016 120099 Z WINES USA LLC 62.50 413684 17333 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 62.50 408627 10/13/2016 101572 ZARNOTH BRUSH WORKS INC 3,876.00 GUTTER BROOMS 413599 0161832-IN 5932.6103 PROFESSIONAL SERVICES GENERAL STORM SEWER 3,876.00 408628 10/13/2016 101089 ZEE MEDICAL SERVICE 462.00 FIRST AID SUPPLIES 413892 54063463 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 26.60 FIRST AID SUPPLIES 413893 54063464 5511.6406 GENERAL SUPPLIES ARENA BLDG/GROUNDS 488.60 408629 10/13/2016 101091 ZIEGLER INC 9,531.00 CIRCUIT BREAKER INSTALLATION 413791 F0404201 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 350.24 FILTERS 00005684 413792 PC001820618 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 142.02 FILTERS 00005784 413790 PC001821196 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 10,023.26 408630 10/13/2016 138181 ZILKA, CHRISTY 70.00 INSTRUCTOR 413725 093016 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 70.00 1,605,596.88 Grand Total Payment Instrument Totals Checks A/P ACH Payment Total Payments 1,535,941.51 69,655.37 1,605,596.88 R55CKS2 LOGIS100 CITY OF EDINA 10/11/2016 9:21:41 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page - 1 10/13/2016 - 10/13/2016 Company Amount 01000 GENERAL FUND 02300 POLICE SPECIAL REVENUE 02500 PEDESTRIAN AND CYCLIST SAFETY 04000 WORKING CAPITAL FUND 04200 EQUIPMENT REPLACEMENT FUND 04500 CANDO FUND 05100 ART CENTER FUND 05200 GOLF DOME FUND 05300 AQUATIC CENTER FUND 05400 GOLF COURSE FUND 05500 ICE ARENA FUND 05550 SPORTS DOME FUND 05700 EDINBOROUGH PARK FUND 05750 CENTENNIAL LAKES PARK FUND 05800 LIQUOR FUND 05900 UTILITY FUND 05930 STORM SEWER FUND 07400 PSTF AGENCY FUND 214,150.75 145.00 4,312.55 342,525.07 634.10 197.05 2,303.13 734.29 2,135.85 5,049.35 106,941.20 440.00 3,088.49 2,939.74 273,648.66 615,665.04 7,260.69 23,425.92 Report Totals 1,605,596.88 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policjes and procures date A /'3// Finan.ce-Bire City r anager Date: October 18, 2016 Agenda Item #: V.C. To:Mayor and City Council Item Type: Report / Recommendation From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Resolution No. 2016-107: Setting Public Improvement Hearings for Chowen Park D and Countryside G Neighborhood Roadway Reconstruction Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2016-107, setting public improvement hearings for Nov. 15, 2016, for Chowen Park D and Countryside G Neighborhood Roadway Reconstruction. INTRODUCTION: These neighborhood reconstruction projects were initiated by staff as part of the City's annual infrastructure improvement. The Chowen Park D project area is a single street, W. 54th Street, from Xerxes Avenue to where it dead-ends at the City of Minneapolis' border. Currently, this street is a gravel road. The Countryside G project area include Olinger Road from Olinger Blvd to Vernon Avenue, Berne Circle, Grove Circle, and Sherman Circle. ATTACHMENTS: Description Resolution No. 2016-107 RESOLUTION NO. 2016-107 SET PUBLIC IMPROVEMENT HEARINGS FOR NOVEMBER 15, 2016 FOR CHOWEN PARK D NEIGHBORHOOD ROADWAY RECONSTRUCTION AND COUNTRYSIDE G NEIGHBORHOOD ROADWAY RECONSTRUCTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA, that a public hearing shall be held on the 15th day of November, 2016, in the Council Chambers at City Hall at 7:00 p.m., to consider street reconstruction for Chowen Park D and Countryside G Neighborhood Roadway Reconstruction. BE IT FURTHER RESOLVED that the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated: October 18, 2016 Attest:___________________________ _________________________________ Debra A. Mangen James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of October 18, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of _____________, 20___. ____________________________________ City Clerk Date: October 18, 2016 Agenda Item #: V.D. To:Mayor and City Council Item Type: Report / Recommendation From:Ross Bintner PE - Engineering Services Manager Item Activity: Subject:Resolution No. 2016-108: Authorizing Metropolitan Council Sewer Rehabilitation Grant Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt Resolution No. 2016-108 authorizing Mayor and City Manager to sign the grant agreement. INTRODUCTION: Inflow and infiltration (I/I) has been an issue with both the metropolitan region and the local sanitary sewer collection systems. I/I is clear water (rain or ground water) that makes its way into the waste water collection system and does not need to be treated by the Metropolitan Council’s Waste Water Treatment Plants. In 2014 the Minnesota Legislature appropriated $3,500,000 to the Metropolitan Council for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of I/I into the system. The City of Edina is eligible for reimbursement of a portion eligible expenses (around 10% of total costs) to line sanitary sewers, seal manhole structures and mitigate flooding of I/I sanitary sewer collection infrastructure. Attached is a letter and estimate of grant eligibility. The monies from this grant will reimburse a variety of utility expenses from 2014-2016 roadway reconstruction projects as well as standalone sanitary sewer lining projects. The attached grant agreement will be finalized by Met Council with exact dollar amounts in the next months, after reimbursement requests are received from all eligible cities. After the agreement is finalized, it will be routed for signature in substantively the same form as the attached agreement. ATTACHMENTS: Description Resolution No. 2016-108 Met Council Letter Form of Grant Agreement RESOLUTION NO. 2016-108 APPROVING GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDINA FOR SEWER REHABILITATION WORK (INFLOW AND INFILTRATION ABATEMENT PROJECTS) WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council $2,000,000 for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system (“I/I Municipal Grant Program”); and WHEREAS, the City of Edina submitted an application for grant funds and the Council identified the City has a contributor of excessive inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the City Council approves the grant agreement between the Metropolitan Council and the City of Edina and authorizes the Mayor and City Manager to sign said grant agreement. Dated: October 18, 2016 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of October 18, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of __________, 20___. _______________________________ City Clerk 390 Robert Street North I Saint Paul, MN 55101-1805 P.651.602.1000 I 1TY. 651.291 0904 I metrocouncil.org METROPOLITAN COUNCIL DATE: October 10, 2014 'r* TO: Edina Chad Millner - Director of Engineering 7450 Metro Blvd Edina MN, 55439 FROM: Matt Gsellmeier, MCES l&I Grant Administrator SUBJECT: 2014 Municipal Grant Program Letter of Intent Thank you for applying to the 2014 State Bond Funded Municipal l&I Grant Program. This non-binding letter of intent confirms receipt of your city's application and approval to participate per the Metropolitan Council's approved program design and guidelines. The program design and guideline details, along with the draft agreement that must be entered into with the Metropolitan Council, can be found at the following link: http://www.metrocouncil.orq/Wastewater-Water/Funding-Finance/Rates-Charqes/MCES-Inflow-and- Infiltration-(1-I)-Program.aspx Based upon your application's preliminary project description and projected cost estimates, your estimated Preliminary Minimum Allocation (PMA) is $25,000.00. Enclosed is a listing of all participating cities identifying both PMA and the estimated Final Reimbursement Amount (FRA) for each. Please be advised that these are preliminary non-binding estimates and that each participant's final FRA depends upon the actual and eligible project work submitted per approved guidelines. PMA and FRA will be calculated simultaneously for all participants upon receipt of documentation verifying a project costs. Should a city not complete a project with l&I eligible work, or complete with insufficient eligible work, PMA and FRA will be adjusted accordingly. Contingent upon availability of funding, cities may be eligible for additional funding should they complete a project(s) with more l&I eligible work than described in their application. Important Dates to Remember MCES provide cities Letter of Intent, PMA & estimated FRA October 10, 2014 Cities provide descriptions and pay claims for completed projects October 30, 2016 FRA determination, grant agreements distributed November 15, 2016 MCES will process reimbursement upon receipt of signed agreement and commits to sending semi- annual grant notices to all participants beginning April 2015. These notices will serve as both reminders of participation and solicitations for changes in participant contact, projects, or other relevant information. Documentation at completion of projects to verify eligibility and calculate both PMA and FRA must include the following: • Completion and submission of MCES provided verification form, and • A city resolution authorizing participation in the grant program, and • Certification (notarized) confirming ownership or easements for locations where work was completed, and • Description of work, along with description or map of locations, and • Invoices substantiating cost of work completed. It is important to remember this letter is not a legally binding document confirming funding, but rather a stated commitment to enter into a legally binding agreement with your city upon verification of adherence to the grant program guidelines and process. MCES appreciates and is committed to your participation in this program designed to assist our stakeholders in the mitigation of excess inflow and infiltration into the metropolitan disposal system. Please direct your questions or concerns to: Matt Gsellmeier, MCES l&I Grant Administrator 390 Robert Street North Saint Paul, MN 55101 651-602-1802 matt.cisellmeiermetc.state.mn.us dtzz*'- Jason Willett, MCES, Director of Finance, Revenue and Energy Leisa Thompson, MCES General Manager Page - 2 I October 1, 2014 I METROPOLITAN COUNCIL MCES 2014 l&I Pre-Grant Application Summary 10/10/2014 City Total Project Work: Amt Eligible for Funding: Est. Part 1 Remaining Est. Part 2 PMA Balance: Funding Estimated FRA Arden Hills $ 652,500.00 $ 168,750.00 $ 25,000.00 $ 143,750.00 $ 12,295.31 $ 37,295.31 Bloomington $ 257,100.00 $ 87,750.00 $ 25,000.00 $ 62,750.00 $ 5,367.17 $ 30,367.17 Brooklyn Center $ 1,684,093.60 $ 437,793.40 $ 25,000.00 $ 412,793.40 $ 35,307.28 $ 60,307.28 Chanhassen $ 400,000.00 $ 181,250.00 $ 25,000.00 $ 156,250.00 $ 13,364.46 $ 38,364.46 Columbia Heights $ 879,800.00 $ 260,275.00 $ 25,000.00 $ 235,275.00 $ 20,123.68 $ 45,123.68 Deephaven $ 94,280.00 $ 47,140.00 $ 25,000.00 $ 22,140.00 $ 1,893.69 $ 26,893.69 Eagan $ 702,412.00 $ 187,059.25 $ 25,000.00 $ 162,059.25 $ 13,861.35 $ 38,861.35 Eden Prarie $ 878,350.00 $ 439,175.00 $ 25,000.00 $ 414,175.00 $ 35,425.45 $ 60,425.45 Edina $ 7,465,000.00 $ 1,895,000.00 $ 25,000.00 $ 1,870,000.00 $ 159,945.92 $ 184,945.92 Excelsior $ 163,045.00 $ 44,278.50 $ 25,000.00 $ 19,278.50 $ 1,648.94 $ 26,648.94 Forest Lake $ 940,000.00 $ 260,000.00 $ 25,000.00 $ 235,000.00 $ 20,100.16 $ 45,100.16 Fridley $ 645,000.00 $ 161,250.00 $ 25,000.00 $ 136,250.00 $ 11,653.81 $ 36,653.81 Golden Valley $ 1,620,895.00 $ 439,467.50 $ 25,000.00 $ 414,467.50 $ 35,450.47 $ 60,450.47 Greenwood $ 42,000.00 $ 21,000.00 $ 21,000.00 $ - ...• - $ 21,000.00 Hopkins $ 425,000.00 $ 120,000.00 $ 25,000.00 $ 95,000.00 $ 8,125.59 $ 33,125.59 Lakeville $ 259,676.00 $ 82,606.00 $ 25,000.00 $ 57,606.00 $ 4,927.19 $ 29,927.19 Lilydale $ 450,000.00 $ 90,000.00 $ 25,000.00 $ 65,000.00 $ 5,559.62 $ 30,559.62 Lino Lakes $ 226,000.00 $ 74,500.00 $ 25,000.00 $ 49,500.00 $ 4,233.86 $ 29,233.86 Little Canada $ 72,000.00 $ 26,000.00 $ 25,000.00 $ 1,000.00 $ 85.53 $ 25,085.53 Long Lake $ 667,000.00 $ 181,750.00 $ 25,000.00 $ 156,750.00 $ 13,407.23 $ 38,407.23 Maple Grove $ 2,290,000.00 $ 582,500.00 $ 25,000.00 $ 557,500.00 $ 47,684.41 $ 72,684.41 Maplewood $ 112,770.00 $ 28,192.50 $ 25,000.00 $ 3,192.50 $ 273.06 $ 25,273.06 Medina $ 223,075.00 $ 58,243.75 $ 25,000.00 $ 33,243.75 $ 2,843.42 $ 27,843.42 Mendota Heights $ 180,000.00 $ 50,000.00 $ 25,000.00 $ 25,000.00 $ 2,138.31 $ 27,138.31 Minneapolis $ 5,098,821.00 $ 1,274,705.25 $ 25,000.00 $ 1,249,705.25 $ 106,890.51 $ 131,890.51 Minnetonka $ 204,970.00 $ 58,922.50 $ 25,000.00 $ 33,922.50 $ 2,901.48 $ 27,901.48 Minnetonka Beach $ 11,000.00 $ 5,000.00 $ 5,000.00 $ $ $ 5,000.00 Mound $ 293,895.00 $ 73,473.75 $ 25,000.00 $ 48,473.75 $ 4,146.08 $ 29,146.08 Mounds View $ 1,009,000.00 $ 255,500.00 $ 25,000.00 $ 230,500.00 $ 19,715.26 $ 44,715.26 New Hope $ 427,900.00 $ 144,975.00 $ 25,000.00 $ 119,975.00 $ 10,261.77 $ 35,261.77 Newport $ 698,635.00 $ 271,938.75 $ 25,000.00 $ 246,938.75 $ 21,121.31 $ 46,121.31 North St. Paul $ 1,551,000.00 $ 392,750.00 $ 25,000.00 $ 367,750.00 $ 31,454.60 $ 56,454.60 Oakdale $ 140,000.00 $ 43,500.00 $ 25,000.00 $ 18,500.00 $ 1,582.35 $ 26,582.35 Prior Lake $ 351,000.00 $ 87,750.00 $ 25,000.00 $ 62,750.00 $ 5,367.17 $ 30,367.17 Ramsey $ 63,000.00 $ 25,250.00 $ 25,000.00 $ 250.00 $ 21.38 $ 25,021.38 Roseville $ 4,050,000.00 $ 822,500.00 $ 25,000.00 $ 797,500.00 $ 68,212.23 $ 93,212.23 Saint Paul $ 1,079,646.30 $ 407,411.58 $ 25,000.00 $ 382,411.58 $ 32,708.65 $ 57,708.65 Savage $ 118,200.00 $ 43,425.00 $ 25,000.00 $ 18,425.00 $ 1,575.94 $ 26,575.94 Shorewood $ 210,000.00 $ 56,250.00 $ 25,000.00 $ 31,250.00 $ 2,672.89 $ 27,672.89 St Anthony Village $ 750,000.00 $ 194,225.00 $ 25,000.00 $ 169,225.00 $ 14,474.25 $ 39,474.25 St. Paul Park $ 396,957.00 $ 99,239.25 $ 25,000.00 $ 74,239.25 $ 6,349.87 $ 31,349.87 Tonka Bay $ 130,000.00 $ 32,500.00 $ 25,000.00 $ 7,500.00 $ 641.49 $ 25,641.49 Vadnais Heights $ 160,000.00 $ 41,250.00 $ 25,000.00 $ 16,250.00 $ 1,389.90 $ 26,389.90 Waconia $ 1,141,000.00 $ 295,500.00 $ 25,000.00 $ 270,500.00 $ 23,136.56 $ 48,136.56 Wayzata $ 415,800.00 $ 103,950.00 $ 25,000.00 $ 78,950.00 $ 6,752.80 $ 31,752.80 West St. Paul $ 1,191,083.00 $ 304,295.75 $ 25,000.00 $ 279,295.75 $ 23,888.88 $ 48,888.88 Woodbury $ 292,900.00 $ 118,750.00 $ 25,000.00 $ 93,750.00 $ 8,018.68 $ 33,018.68 Total Amt Eligible for Funding: $ 41,114,803.90 $ 11,077,042.73 $ 1,151,000.00 $ 9,926,042.73 $ 849,000.00 $ 2,000,000.00 Calculations: Acronyms: Total Grant Funding $ 2,000,000.00 Est. - Estimated - Part 1 Funding: $ 1,151,000.00 PMA - Preliminary Minilal Allocation = Remaining for Part 2: $ 849,000.00 FRA - Estimated Final Reimbursement Amount Total Amt Eligible for Funding: $ 11,077,042.73 - Part 1 Funding: $ 1,151,000.00 = Remaining Amt Eligible $ 9,926,042.73 % Allocation for Part 2 (A)/(B) 8.6% Generic GO Bond Proceeds Ver – 6/30/14 Grant Agreement for Program End Grants Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the «1» Project Funded by the State of Minnesota General Obligation Bond Proceeds Generic GO Bond Proceeds i Ver – 6/30/14 Grant Agreement for Program End Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess funds Article III – USE CONTRACTS Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– Disbursement of Grant Section 6.02 – Conditions Precedent to Disbursement of Grant Generic GO Bond Proceeds ii Ver – 6/30/14 Grant Agreement for Program End Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Third-Party Beneficiary Section 7.26 – Public Entity Tasks Section 7.27 – State Entity and Commissioner Required Acts and Approvals. Section 7.28 – Applicability to Real Property and Facility Section 7.29 – E-Verification Section 7.30 – Jobs Reporting Requirements Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – GRANT APPLICATION Attachment V – JOBS REPORTING Generic GO Bond Proceeds 1 Ver – 6/30/14 Grant Agreement for Program End Grants General Obligation Bond Proceeds Grant Agreement – End Grant for the «1» Project under the «2» Program THIS AGREEMENT shall be effective as of «3» , «3» , and is between «4» , a «5» (the “Public Entity”), and the «6» (the “State Entity”). RECITALS A. The State Entity has created and is operating a «2» (the “State Program”) under the authority granted by Minn. Stat. § «7» and all rules related to such legislation (the “State Program Enabling Legislation”). B. Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C. Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D. The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E. The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $ «8» (the “Program Grant”), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the “Grant Application”) attached hereto as Attachment V that the Public Entity submitted to the State Entity. F. Under the provisions contained in «9» , the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in Grant Application attached hereto as Attachment V that the Public Entity submitted to the State Entity. G. The Public Entity’s receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures Generic GO Bond Proceeds 2 Ver – 6/30/14 Grant Agreement for Program End Grants situated thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - End Grant for the «1» Project under the «2» Program, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. Generic GO Bond Proceeds 3 Ver – 6/30/14 Grant Agreement for Program End Grants “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means «10» , which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any Generic GO Bond Proceeds 4 Ver – 6/30/14 Grant Agreement for Program End Grants reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ______________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). Generic GO Bond Proceeds 5 Ver – 6/30/14 Grant Agreement for Program End Grants “Program Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” – means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of «11» , State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies Generic GO Bond Proceeds 6 Ver – 6/30/14 Grant Agreement for Program End Grants if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Generic GO Bond Proceeds 7 Ver – 6/30/14 Grant Agreement for Program End Grants An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. «12» . (Describe other or additional purposes.) Generic GO Bond Proceeds 8 Ver – 6/30/14 Grant Agreement for Program End Grants Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along Generic GO Bond Proceeds 9 Ver – 6/30/14 Grant Agreement for Program End Grants with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, Generic GO Bond Proceeds 10 Ver – 6/30/14 Grant Agreement for Program End Grants requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. Generic GO Bond Proceeds 11 Ver – 6/30/14 Grant Agreement for Program End Grants R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V. The Useful Life of the Real Property and, if applicable, Facility is ____ years. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. Generic GO Bond Proceeds 12 Ver – 6/30/14 Grant Agreement for Program End Grants 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. Generic GO Bond Proceeds 13 Ver – 6/30/14 Grant Agreement for Program End Grants 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. Generic GO Bond Proceeds 14 Ver – 6/30/14 Grant Agreement for Program End Grants B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. E. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. Generic GO Bond Proceeds 15 Ver – 6/30/14 Grant Agreement for Program End Grants If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off- set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date then the State Entity’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. Generic GO Bond Proceeds 16 Ver – 6/30/14 Grant Agreement for Program End Grants This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the State Program in the Real Property and, if applicable, Facility. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the State Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the State Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional Generic GO Bond Proceeds 17 Ver – 6/30/14 Grant Agreement for Program End Grants revenues available for the operation of the State Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the State Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the State Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in “private business use” under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with Generic GO Bond Proceeds 18 Ver – 6/30/14 Grant Agreement for Program End Grants the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the State Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Generic GO Bond Proceeds 19 Ver – 6/30/14 Grant Agreement for Program End Grants Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Program Grant and the denominator of which is sum of the Program Grant and the Approved Debt. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. Generic GO Bond Proceeds 20 Ver – 6/30/14 Grant Agreement for Program End Grants The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. Generic GO Bond Proceeds 21 Ver – 6/30/14 Grant Agreement for Program End Grants The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the Generic GO Bond Proceeds 22 Ver – 6/30/14 Grant Agreement for Program End Grants meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the State Entity to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: Generic GO Bond Proceeds 23 Ver – 6/30/14 Grant Agreement for Program End Grants A. The State Entity shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. B. The State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, Generic GO Bond Proceeds 24 Ver – 6/30/14 Grant Agreement for Program End Grants bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages Generic GO Bond Proceeds 25 Ver – 6/30/14 Grant Agreement for Program End Grants which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. Generic GO Bond Proceeds 26 Ver – 6/30/14 Grant Agreement for Program End Grants Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property Generic GO Bond Proceeds 27 Ver – 6/30/14 Grant Agreement for Program End Grants and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the Generic GO Bond Proceeds 28 Ver – 6/30/14 Grant Agreement for Program End Grants operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Generic GO Bond Proceeds 29 Ver – 6/30/14 Grant Agreement for Program End Grants B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Program Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. Generic GO Bond Proceeds 30 Ver – 6/30/14 Grant Agreement for Program End Grants H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or Generic GO Bond Proceeds 31 Ver – 6/30/14 Grant Agreement for Program End Grants because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Generic GO Bond Proceeds 32 Ver – 6/30/14 Grant Agreement for Program End Grants Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: «13» «13» «13» , MN «13» Attention: «13» To the State Entity at: «14» «14» «14» , MN «14» Attention: «14» To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third Generic GO Bond Proceeds 33 Ver – 6/30/14 Grant Agreement for Program End Grants party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: (If there are no matching funds requirements then insert the word “NONE”.) «15» Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Generic GO Bond Proceeds 34 Ver – 6/30/14 Grant Agreement for Program End Grants Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. Generic GO Bond Proceeds 35 Ver – 6/30/14 Grant Agreement for Program End Grants The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. (If there are no additional requirements then insert the word “NONE”.) Generic GO Bond Proceeds 36 Ver – 6/30/14 Grant Agreement for Program End Grants American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires public entities receiving an appropriation of public money for a project in that act to ensure those facilities are built with American-made steel, to the extent practicable. The Public Entity shall comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the State Entity. «16» [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 37 Ver – 6/30/14 Grant Agreement for Program End Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the ___ ______«1»_________ Project under the ______«2»_________ Program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: «4» , a «5» By: «17» Its: «18» Dated: __________________, _____ And: «19» Its: «20» Dated: __________________, _____ STATE ENTITY: «5» , By: «21» Its: «22» Dated: __________________, _____ Generic GO Bond Proceeds 38 Ver – 6/30/14 Grant Agreement for Program End Grants Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) Generic GO Bond Proceeds 39 Ver – 6/30/14 Grant Agreement for Program End Grants Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Generic GO Bond Proceeds 40 Ver – 6/30/14 Grant Agreement for Program End Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY «23» Generic GO Bond Proceeds 41 Ver – 6/30/14 Grant Agreement for Program End Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $_________ and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $_________ _______________ $_________ Interest _______________ $_________ Other Items of a Capital _______________ $_________ Nature Subtotal $_________ ________________ $_________ ________________ $_________ Matching Funds ________________ $_________ _______________ $_________ Subtotal $_________ _______________ $_________ Subtotal $_________ Items Paid for with Non-Program Grant Funds Other Public Entity Funds ________________ $_________ _______________ $_________ ________________ $_________ _______________ $_________ ________________ $_________ Subtotal Subtotal $_________ Loans _______________ $_________ _______________ $_________ Subtotal $_________ Other Funds _______________ $_________ _______________ $_________ Subtotal $_________ - Prepaid Project Expenses _______________ $_________ _______________ $_________ Subtotal $_________ TOTAL FUNDS $_________ TOTAL PROJECT COSTS $_________ Generic GO Bond Proceeds 42 Ver – 6/30/14 Grant Agreement for Program End Grants Attachment IV to Grant Agreement GRANT APPLICATION «24» Generic GO Bond Proceeds 43 Ver – 6/30/14 Grant Agreement for Program End Grants Attachment V to Grant Agreement JOBS REPORTING (a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the number of jobs created or retained by the Project. To enable State Entity to comply with Minn. Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or retained by the Project to State Entity as set forth below. (b) The Public Entity shall require all of its contractors to report the information below to the Public Entity. The Public Entity shall then report to State Entity. Information can be recorded by State Entity in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: (1) The name of the Project. (2) The State Entity’s contract number, if applicable. (3) Reporting period. The appropriate biennium is to be selected. (4) The Agency Number. This will complete the next column with Agency Name. (5) Legal Citation for the Authorization. (6) Department ID responsible for the Project. (7) The Appropriation for the Project. (8) The Appropriation Amount. (9) Project Start Date. (10) Project Completion Date. (11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. (12) Funding Source for Project. The selection will be Trunk Highway Bonds, General Obligation Bonds or General Fund. (13) Job Type. Jobs should be classified as either (i) engineering/professional, (ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category (i), (ii) or (iii) based on the nature of the work those individuals spent the majority of their time overseeing. (14) Hourly Wages. Jobs should be classified according to the hourly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. (i) less than $10.00, (ii) $10.01 to $15.00, (iii) $15.01 to $20.00, (iv) $20.01 to $25.00, (v) $25.01 to $30.00, (vi) $30.01 to $35.00, (vii) $35.01 to $40.00, or (viii) more than $40.00. Generic GO Bond Proceeds 44 Ver – 6/30/14 Grant Agreement for Program End Grants (15) Jobs. a. Jobs should be classified as either (i) jobs created or (ii) jobs retained; they will not be counted as both. A “job created” is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A “job retained” means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in “full-time equivalents” (FTE). In calculating an FTE, the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual’s employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. c. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc. Instead, all hours should be totaled and converted into FTEs as indicated above. (c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. (d) The Public Entity must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). (e) To distinguish the jobs reported by contractors that were funded by the Grant, the Public Entity must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total Project costs, the Public Entity should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to State Entity. Date: October 18, 2016 Agenda Item #: V.E. To:Mayor and City Council Item Type: Report / Recommendation From:Mark K. Nolan, AICP, Transportation Planner Item Activity: Subject:Traffic Safety Reports of August 3 and September 7, 2016 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Review and approve the Traffic Safety Reports of August 3 and September 7, 2016 INTRODUCTION: The Edina Transportation Commission (ETC) reviewed the August 3 and September 7, 2016 Traffic Safety Reports at their September 15 meeting and moved to forward the reports to the City Council for approval; see attached draft minutes. ATTACHMENTS: Description Traffic Safety Report of August 3, 2016 Traffic Safety Report of September 7, 2016 Minutes ETC, Sept. 15, 2016 October 18, 2016 Mayor and City Council Joe Totten, Traffic Safety Coordinator Traffic Safety Report of August 03, 2016 Information / Background: The Traffic Safety Committee (TSC) review of traffic safety matters occurred on August 03. The City Engineer, Assistant City Planner, Traffic Safety Coordinator, Police Lieutenant, Communications Coordinator, and Transportation Planner were in attendance for this meeting. The Public Works Director and Sign Coordinator were informed of the decisions and did not object to the recommendations. For these reviews, the recommendations below are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were informed that if they disagree with the recommendation or have additional facts to present, these comments can be included on the August 18 Edina Transportation Commission and the September 20 City Council meeting agendas. Section A: Items on which the Traffic Safety Committee recommends action: A1. Request for signing 50th and France area sidewalks, to prevent bicyclists from riding on them • City of Edina ordinance allows bicyclists to ride on city sidewalks, but prohibits riding where building accesses are directly off of the sidewalk. o This means that bicycling on sidewalks in the 50th and France area is illegal. o The full ordinance can be seen in Appendix F. • Minneapolis and the University of Minnesota have signage and pavement markings for sidewalks to discourage use of bicycles and inform the bicyclists to walk their bikes in these areas. o Placement of these pavement would be difficult in this location due to the brick Photo : One issue with placing sidewalk markings in the 50th and France district are the brick paver sidewalks seen here Traffic Safety Report of Aug 03, 2016 Page 2 sidewalks, as there are no concrete pads for the easy addition of the these markings. • A video study from 10:00 AM-10:00 PM on a Saturday was performed, and found that 78 bicyclists rode on 50th Street, west of France Avenue. Of these 78, 54 were on the sidewalk. • 11 persons were seen walking their bicycles in this area After review, staff recommends placing signs at ingresses to the district, instructing bicyclists to walk their bikes. The signage should help to inform bicyclists that they cannot ride on the sidewalk in this location. Further, the police department will work on education efforts in the district, to ensure that the ordinance is being followed. Section B: Items on which the Traffic Safety Committee recommends no action B1. Request for stop controls at the intersection of Branson Street and Oakdale Avenue • Count Data • This is a T-intersection, with Oakdale Avenue having one approach, and Branson Street having two, the southern leg of this intersection is a dead end. • Oakdale Avenue connects to Grimes Avenue, and is one block long • Branson Street connects to Morningside Road and is 2 blocks long, with a dead-end extending south of Oakdale Avenue. • When making the request, the requestors noted that most of the residents of Branson Street and Oakdale Avenue were slowing, or even stopping at the intersection already; that this request is partially to maintain signage that reflects the use of the road, and inform drivers from outside the neighborhood of the intersection. o A video of the intersection supported the assertion that drivers were often slowing significantly as they approached the intersection • No crashes have been reported in this location in the past 5 years. Photo : Sidewalk markings as seen in the Uptown area of Minneapolis. Photo : Walk Your Bike signage, as seen on the Universtity of Minnesota, East Bank campus. Photo : Branson Street and Oakdale Avenue, looking west, down Branson Street towards the intersection. Map : Branson Street and Oakdale Avenue, Oakdale Avenue intersects Morningside Road, and Bransen Street, Grimes Avenue. Traffic Safety Report of Aug 03, 2016 Page 3 • Sightlines at this intersection were measured, and deemed appropriate for the intersection. o There is little, to no infringement of the corner clearview ordinance, partially due to very wide corner radii which makes the intersection of the curblines far into the intersection After review, staff determined that this intersection is being used by drivers as uncontrolled intersections are intended to be used. Drivers are slowing as they approach the intersection and taking preventative actions to avoid conflicts. With no crash history, and not meeting any other warrants, staff did not find reason to control the intersection. B2. Request for improvement of the Dewey Hill Road and Cahill Road intersection • This request concerns the triangular intersection of Dewey Hill Road and Cahill Road. • The requestor noted that this is a confusing intersection and that many drivers are unclear on how to proceed through the intersection. • There have been five crashes in the past five years of available data, reported at this intersection o One of these crashes was a ‘C-injury’, also referred to as a ‘Possible Injury’ crash. • A roundabout at this intersection has been a part of past CIP requests, but did not receive funding. • Is there any wayfinding, or other signage that would guide motorists through the intersection without causing undue distraction? After review, staff determined that this intersection may be confusing and difficult to navigate, but there were no markings or signage that would communicate a correct course for its navigation. A future reconstruction of this intersection is possible, but would also be costly. Note: The Transportation Commission recommended a roundabout at this intersection be prioritized on the current Capital Improvement Plan. Staff did not include it in the current draft CIP due to its low ranking on the previous CIP. B3. Request for all-way stop control at the intersection of Lincoln Drive and the Edina West Condominiums’ private access road • This request concerns the intersection of Lincoln Drive, and the private access road to the Edina West Condominiums. • Lincoln Drive has an ADT of 3650 vehicles per day, and an 85th-percentile speed of 39.4 mph. • The Edina West Condominiums’ access road has an ADT of 590 vehicles per day. • Currently, the access road is the stem of a T- intersection with Lincoln Drive, and is stop Aerial Photo : The intersection of Cahill Road (vertical) and Dewey Hill Road (horizontal). Photo : Lincoln Drive, looking southeast towards the Edina West Condominiums’ private access road. Traffic Safety Report of Aug 03, 2016 Page 4 controlled, while Lincoln Drive is uncontrolled. • The Edina West Condominium Association asked the City of Edina to consider adding all-way stop controls to the intersection of Lincoln Drive and their access road in order to facilitate turns out of their access road. • Sightlines in this location have been improved for 40 mph traffic on Lincoln Drive, and a speed report has been sent to the police department for their enforcement purposes. • While a formal delay study was not performed, observations during the peak hour indicate that queuing is negligible and will not warrant all-way stop control. • No crashes were reported in the past 5 years at this intersection. After review, staff found that warrants were not met for this intersection to be made into all- way stop control. With no crash history, and not meeting any other warrants, staff did not find reason to further control the intersection. The police department has been provided with a speed report on Lincoln Drive for enforcement efforts. B4. Request for a crosswalk across Vernon Avenue at Schaefer Road • This request concerns crossings from the Parkwood Knolls neighborhood to Bredesen Park. • The requestor noted that many crossings occurred at Schaefer Road, crossing Vernon Avenue. • A camera study was performed and found that the peak number of crossings in a two- hour period was 21, during the hours of 8:45-10:45 AM on a Saturday. • Vernon Avenue in this location has a 40 mph speed limit. • Vernon Avenue has an ADT of approximately 10,400 vehicles per day in this location. • There is a bituminous path on the south side of Vernon Avenue, which continues to Gleason Road. o Currently a sidewalk is under construction on the north side of the road, connecting View Lane and Schaeffer Road to Blake Road and a controlled intersection. After review, this crosswalk was determined to be warranted, but not justified. New construction is adding a sidewalk on the north side of Vernon Avenue, connecting Schaefer Road to Blake Road and the accompanying traffic signal, one block over. Further, City of Edina warrants would require signalization of this intersection to add a crosswalk, and adding signals Map : Edina West Condominiums private access road and Lincoln Drive. Photo : Schaeffer Road, at its intersection with Vernon Avenue, looking north. Map : Schaeffer Road and Vernon Avenue is at the left end of the arrow, Blake Road and Vernon Avenue is at the right end. Traffic Safety Report of Aug 03, 2016 Page 5 this close to the intersection of Vernon Avenue and Blake Road was seen as detrimental to both safety and traffic flow on Vernon Avenue. B5. Request to lessen the misuse of roundabouts in Edina • This request has come from various requestors, who noted that roundabouts are still a new traffic control device, and proper utilization of them is difficult for drivers, particularly the elderly, who may not have had any instruction on properly driving through them. • The requestors have noted various driving classes for upper-middle aged and older persons, to hone their skills and ensure they are able to understand and drive appropriately through newer traffic control devices like roundabouts. • Classes from AARP are provided approximately monthly at the Edina Senior Center, as well as various other classes provided in communities nearby. o All classes found by the Traffic Safety Coordinator cost around twenty dollars, with some discounts for membership in an organization. • An issue noted with roundabouts by a requestor is that drivers on Edina’s streets and roads are not all from Edina, as the Southdale area draws shoppers from other nearby cities, and workers from across the metropolitan area. • Requestors have asked what, if anything, the City of Edina can do to increase knowledge of how to use roundabouts. After review, staff did not find additional opportunities to add roundabout safety to city programs. Additional concerns were that roundabouts in Edina are on major thoroughfares, which carry traffic from the entire region, and educating all the regions drivers is not practical for Edina alone to undertake. B6. Request to change the culture of Edina driving, such that drivers respect crosswalks more • This request has been received from multiple requestors, asking that drivers simply respect pedestrians in a crosswalk more, and follow state statute 169.21 subdivision 2, as seen in Appendix E. • Saint Paul has recently been doing a public safety campaign on this issue, called “Stop For Me” and has been receiving press coverage highlighting the law and educating drivers about the law’s requirements. • A camera was set up for a weekend at 70th Street and Wooddale Avenue, investigating if drivers would yield right-of-way to pedestrians. o 14 Crossings were observed where drivers and pedestrians would be in conflict. Photo : MnDOT webpage devoted to teaching drivers how to navigate roundabouts. Photo : W. 70th Street looking west towards Wooddale, the site studied for the yielding study. Traffic Safety Report of Aug 03, 2016 Page 6 o Three (3) of these crossings involved drivers not yielding to pedestrians who had entered the roadway, two (2) of which instances had the pedestrian lights activated and the pedestrian in the roadway. o Drivers were considered able to stop if they were more than 193-feet from the intersection, this is the distance used by Saint Paul in its “Stop For Me” campaign. After review, city staff noted that there are already Public Service Announcements and the Street Smarts campaign attempting to address these issues. The police department also already conducts enforcement and education on this issue as well. Staff will continue our efforts to elevate these safety concerns, but no further actions are recommended. Note: The Transportation Commission recommended that the police department conduct targeted crosswalk enforcement efforts once or twice a year. B7. Request for a crosswalk across Gus Young Lane, either at Arcadia Avenue or between developments’ driveways • This request notes how the Grandview Area is very busy with both vehicles and pedestrians, with specific concern given to Gus Young Lane between Arcadia and the railroad. • A camera was placed to observe two crossing locations; o The first location was the west side of the intersection of Arcadia and Gus Young o The second location was between the driveways of the developments north and south of Gus Young Lane • Twice during the count, did the number of crossings for between the driveways and at the intersection combined reach 18 pedestrians in a two-hour period. o The first time was from 10:15-12:15 o The second time was from 12:30-14:30 • Most crossings took place between the driveways of the developments, with 86 of the 101 total crossings during the study taking place between the driveways. After review, staff recommends no action at this time. This crossing is very close to meeting warrants for a crosswalk, and it is anticipated that as the Grandview District redevelops and densifies that this crossing may be warranted in the future. However, placement at this time is not warranted and not recommended. Photo : Gus Young Lane and Arcadia Avenue, looking west, down Gus Young Lane. Map : The crossings of Gus Young Lane studied for crossings. Map : Knoll Drive has three approaches to its intersection with Schaeffer Road, shown here. Traffic Safety Report of Aug 03, 2016 Page 7 B8. Request to lessen the number of drivers running the stop signs at the intersection of Schaefer Road with Knoll Drive • Schaefer Road and Knoll Drive, in the Parkwood Knolls neighborhood, is a 5-way intersection. • The road is controlled with all-way stop controls. • The concern at this intersection is that drivers are rolling and running the stop signs, which is dangerous. • A camera study was able to approximate space-mean-speed of westbound vehicles, and found that currently, the median speed is approximately 7 mph, and the 85th-percentile speed is approximately 11 mph as drivers enter the intersection. o More on this study can be found in Appendix D. o This is not the minimum speed of drivers as they entered the intersection; the study was unable to determine minimum speeds. • In a review of the intersection, the stop signs were visible and had required sight distances. No proven improvements were observed as not being implemented in this location. After review, some small obstructions of the stop signs were removed as braches were trimmed slightly. However, no further action is recommended, as these signs are conspicuous, and the intersection would not meet volume or delay warrants for all-way stop control. Section C: Items which the Traffic Safety Committee recommends for further study C1. Request for crossing treatments on Xerxes Avenue near 68th Street • This request borders the City of Richfield • There currently exists a paved path from Xerxes Avenue to the parking lot and property of 6775 York Avenue. Currently occupied by Cub Foods; this path intersects Xerxes Avenue between 68th Street and 67th Street. • There currently exists an unpaved, ‘goat path’ between the property at 6775 York Avenue and Xerxes Avenue, and this path intersects Xerxes Avenue at its intersection with 68th Street. • Concerns for pedestrian safety, and the unexpected nature of this unmarked path led to this request. • A camera study was completed at this location, and found that Xerxes Avenue currently serves as a type of auxiliary parking lot for the 6775 York Avenue property. • The crossings both at the intersection of 68th Street and Xerxes Avenue, and at the paved path, meet the volume warrant in the City of Edina’s crosswalk warrants, shown in Appendix A. • The crossings to and from the paved path include many shopping carts. Photo : The ‘goat path’ between Xerxes Avenue and 6775 York Avenue’s parking lot. This is at the intersection of Xerxes Avenue and W. 68th Street. Photo : The paved path between Xerxes Avenue and 6775 York Avenue’s parking lot. This is north of the intersection of Xerxes Avenue and W. 68th Street. Traffic Safety Report of Aug 03, 2016 Page 8 • The current paved path accesses the side of the 6775 York Avenue building, whereas the goat path aligns with the front of the structure. • Currently the goat path would need earthwork and other construction to make it accessible. • During the eight-hour video study, pedestrians crossed at the paved path approximately twice as often as at the goat path. After review, staff recommended working with Cub Foods (SuperValu), the property owner, and Richfield to construct a new paved path in the goat path’s location. This will make pedestrian movements more visible and expected, as they will be at an intersection. A crosswalk should also be placed in this location. C2. Request for a crosswalk across Vernon Avenue at Olinger Road • This request concerns crossings from the Highlands neighborhood to Bredesen Park, and Countryside School. • The requestor noted that crossing at the controlled intersections of Blake Road or Tracy Avenue are not the most direct path, and therefore inconvenient, but it felt unsafe to cross at Olinger Road’s intersection with Vernon Avenue, which is a straighter path. • A camera study was performed and found that the crossing meets the volume warrant of 20 pedestrians in a two-hour period. • Vernon Avenue in this location has a 40 mph speed limit. • Vernon Avenue has an ADT of approximately 10,100 vehicles per day in this location. • There is a bituminous path on either side of Vernon Avenue in this location, connecting this intersection to the controlled intersections of Tracy Avenue and Blake Road with Vernon Avenue. After review, staff recommended that further discussions be held with Hennepin County about this crossing. This crossing was warranted by the City of Edina’s warrants, already has a sidewalk on the north side of Vernon Avenue, and is further from Blake Road or Tracy Avenue than the crossing at Schaefer Road, considered in Section B. Further discussions with the County will have to be held, as by City of Edina warrants, a crosswalk should not be installed on a road with a speed limit above 30 mph except in conjunction with signalization. The type of signal, and Hennepin County’s willingness for its placement will have to be discussed. Section D: Other items handled by Traffic Safety D1. There was a request to lessen the numbers of drivers running the stop signs at Benton Avenue and Tingdale Avenue. Reviewing the signage of the area, the signs are visible and stand out properly. The police department has already been enforcing this signage as it has been identified by residents calling in. D2. A resident requested the dynamic speed sign trailer be placed on Saxony Road, as well as elsewhere on the Blake Road detour, to address high speeds of detouring traffic. This was forwarded to the Edina Police Department for placement and directed patrols. Map : Olinger Road is in the center of the two double sided Arrows, Blake Road is on the far left, and Tracy Avenue on the far right. Traffic Safety Report of Aug 03, 2016 Page 9 D3. A request for an additional no parking sign in front of 7275 Bush Lake Road was investigated, and this signage seemed to not be replaced when it was removed during the industrial park lighting project. This was forwarded to the sign shop for a new sign to be placed. D4. A requestor asked for traffic counts to be taken in the Parkwood Knolls neighborhood so that we can address any increase in traffic when US 169 is shut down next year. This had been previously completed, and results were discussed with the requestor. D5. A requestor asked for trucks servicing the Tracy Avenue reconstruction project drive well below the speed limit, as trucks traveling close to the speed limit made the requestor feel uncomfortable as they came down the street. D6. A requestor asked that something be done to prevent drivers from confusing Brookview Avenue with the entrance to Pamela Park’s parking areas. This was addressed through the use of signing the entrance with brown recreational attraction direction signage. D7. A requestor noted that there was limited sight distance for a yield sign at 61st Street and Oaklawn Avenue. The branches of the tree which were partially obscuring the sign were trimmed. D8. A requestor asked for Field Way and Londonderry Road to have improved sightlines. This was referred to the police department, under the clearview ordinance and the obstructions have since been cleared. D9. A requestor asked if something other than repainting the Interlachen Boulevard bicycle lanes, on eastbound Interlachen Boulevard at Brookside Avenue could be done, as drivers often cut the corner and have rubbed off the paint. This is concerning to the requestor, as it indicates drivers are driving in the bicycle lane. A discussion with staff determined that there was no barrier or further marking which was appropriate and achievable at this time, and this item was then forwarded to public works to repaint the lane. Traffic Safety Report of Aug 03, 2016 Page 10 Appendix A: Crosswalk Warrants A. Marked crosswalks are placed at locations that are unusually hazardous or at locations not readily apparent as having pedestrian movement. B. Marked crosswalks will only be placed in an area that has 20 or more pedestrian crossings in a two- hour period. C. Marking for crosswalks will be established by measuring the “Vehicle Gap Time”. This is the total number of gaps between vehicular traffic recorded during the average five minute period in the peak hour. Criteria for markings are: 1) More than five gaps – pavement marking and signage only. 2) Less than five gaps – add actuated pedestrian signals. D. Crosswalks will not be placed on arterial roads or roads with a speed limit greater than 30 mph unless in conjunction with signalization. E. Other conditions that warrant crosswalks: 1) Routes to schools 2) Locations adjacent to libraries, community centers, and other high use public facilities. 3) Locations adjacent to public parks. 4) Locations where significant numbers of handicapped persons cross a street. 5) Locations where significant numbers of senior citizens cross a street. F. Crosswalks will only be placed at intersections. Traffic Safety Report of Aug 03, 2016 Page 11 Appendix B: Stop Sign Warrants When it is determined that a full stop is always required on an approach to an intersection a STOP (R1-1) sign shall be used. At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs. The use of STOP signs on the minor-street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway. C. Crash records indicate that three or more crashes that are susceptible to correction with the installation of a STOP sign have been reported within a 12-month period, or that five or more such crashes have been reported within a 2-year period. Such crashes include right-angle collisions involving road users from the minor street failing to yield the right-of-way to traffic on the through street or highway. Additional warrants which do not specify the type of control are as follows; A. An intersection of a less important road with a main road where application of the normal right-of way rule would not be expected to provide reasonable compliance with the law; B. A street entering a designated through highway or street; and/or C. An un-signalized intersection in a signalized area. In addition, the use of YIELD or STOP signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: A. The combined vehicular, bicycle, and pedestrian volume entering the intersection from all approaches averages more the 2,000 units per day; B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right-of-way rule if such stopping or yielding is necessary; and/or C. Crash records indicate that five or more crashes that involve the failure to yield the right-of-way rule have been reported within a 3-year period, or that three or more such crashes have been reported within a 2-year period. Additional warrants from the city of Edina list that: 1. If an intersection experiences five (5) or more right angle accidents in a three (3) year period, stop signs should be considered. 2. If the presence of a sight obstruction is contributing to accidents at an intersection, removal of the sight obstruction should be sought before considering a stop sign. 3. If the 85th percentile speed on any leg of an intersection is more than five (5) MPH over the posted speed limit, a stop sign should be considered for the intersecting street. 4. If traffic volumes exceed 1,000 vehicles per day on each of the intersecting streets, stop signs should be considered. 5. Residential stop signs shall not be installed in an attempt to control speed. 6. Residential stop signs shall not be installed in an attempt to control volume. Traffic Safety Report of Aug 03, 2016 Page 12 Appendix C: All-Way Stop Warrants Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.4 also apply to multi-way stop applications. The decision to install multi-way stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A. Where traffic control signals are justified, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi- way stop installation. Such crashes include right-turn and left turn collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th-percentile approach speed of the major street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. Other criteria that may be considered in an engineering study include: A. The need to control left-turn conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection. Traffic Safety Report of Aug 03, 2016 Page 13 Appendix D: Method Used to Determine Knoll Drive Speeds To determine speeds as drivers approached the stop sign at Knoll Drive and Schaefer Road, cameras and a stopwatch were used. The video camera was set up to record if there were any events which called out specifically for more control, and were further analyzed by recording the vehicle classes that entered the intersection, and the amount of time it took for the entire vehicle to pass over a visible seam in the pavement that lined up directly with the stop sign. The average length of the vehicle class was recorded and the average speed drivers entered the intersection could be found. This process is not without downfalls however, as a driver who may have stopped prior to the stop sign would not be stopping over the seam in the pavement, and thus would not be counting any time stopped towards their time spent “entering” the intersection, and thus were recorded at higher speeds than can be found using the technology available. For reference, a vehicle which was found to have come to a full and complete stop still was found to have entered the intersection at an average rate of 3-4 mph. Traffic Safety Report of Aug 03, 2016 Page 14 Appendix E: State Statute 169.21, Subdivision 2 Subd. 2. Rights in absence of signal. (a) Where traffic-control signals are not in place or in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver must remain stopped until the pedestrian has passed the lane in which the vehicle is stopped. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision. (b) When any vehicle is stopped at a marked crosswalk or at an intersection with no marked crosswalk to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. (c) It is unlawful for any person to drive a motor vehicle through a column of school children crossing a street or highway or past a member of a school safety patrol or adult crossing guard, while the member of the school safety patrol or adult crossing guard is directing the movement of children across a street or highway and while the school safety patrol member or adult crossing guard is holding an official signal in the stop position. A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this paragraph within the past four hours. (d) A person who violates this subdivision is guilty of a misdemeanor. A person who violates this subdivision a second or subsequent time within one year of a previous conviction under this subdivision is guilty of a gross misdemeanor. Traffic Safety Report of Aug 03, 2016 Page 15 Appendix F: City of Edina Ordinance Section 26-283 – Rules for operating bicycles on public sidewalks. A person may operate a bicycle on a public sidewalk, including in a business district, subject to the following requirements in addition to those found in state statute. A bicyclist shall: (1) Ride at a speed no greater than is reasonable and prudent under the circumstances, and in no event at a speed greater than ten miles per hour. (2) Slow to a walking pace when pedestrians are present. (3) Slow to a walking pace upon approach to and when crossing a driveway or intersection; enter driveway or intersection only when clear of traffic. (4) Not ride on sidewalks where the entrance or exit of a building abuts the sidewalk. (5) Not ride on sidewalks where posted. October 18, 2016 Mayor and City Council Nick Bauler, Traffic Safety Coordinator Traffic Safety Report of September 7, 2016 Information / Background: Section A: Items on which the Traffic Safety Committee recommends action: A1. Request for a disabled parking sign in front of a home at 5030 Bruce Place. • Resident has a disabled spouse. Due to grade issues on the property, access for this resident to their home is much more easily obtained from the front of the home. • Contractors frequently park in front of home, resulting in difficulties accessing the home. • Resident requests a disabled parking space in front of home at Bruce Place cul-de-sac. After review, due to hardship staff recommends placing a Handicap Parking sign in front of the home at 5030 Bruce Place. Staff will check with the property owner annually to confirm need for the sign. Photo: Home at 5030 Bruce Place Map: Bruce Place cul-de-sac Traffic Safety Report of Sep 7, 2016 Page 2 Section B: Items on which the Traffic Safety Committee recommends no action: B1. Request for overnight on-street parking to on Barrie Road north of W 65th St. • This request comes from a building manager at 6400 Barrie Road, who is currently entirely leased, and underparked. The manager estimates that 3-5 residents either park illegally in the fire lane of the parking structure, or further away in the Southdale district • Currently there is no parking on Barrie Road from 66th Street to 65th Street, and 3-hour restricted parking on the west side of Barrie Road to about 520 feet north of 65th Street. There is parking allowed on Barrie Road, on at least one side of the roadway from this point north, to Heritage Drive, where Barrie Road ends. • The road is 35 feet wide from flowline to flowline and has surmountable curb. • There are two S-curves on Barrie Road. o The southern S-curve has a painted centerline that approximates the roadway’s centerline, and has fully restricted parking. o The northern S-curve has a painted centerline that is offset, such that inside the curves is a 13 foot drive lane and outside the curves are 22 feet for a driving lane and a parking lane. • No reason has been found for why parking on the street was restricted in this area. • Barrie Road is a Local Connector in the Living Streets Plan, and is on the sidewalk plan, although work is unscheduled at this time. o This would indicate that Barrie Road should be considered for reconstruction with one-sided parking and a sidewalk when it is up for a reconstruction. o Currently there is a sidewalk on the east side of Barrie Road from 66th Street to 310 feet north of 66th Street. • The on-street parking in this area seems well used in site visits, and starts to encroach on the bus stops on Barrie Road. These bus stops are used for the Route 578 Southdale Express bus which has 13 runs a day (6 northbound, 7 southbound). After review and discussion with the requestor, staff recommends that on-street parking be allowed between the two S-curves on the north-west side of Barrie Road. The building management understands Edina’s City Code states that overnight on-street parking is not permitted. Map: Barrie Road between 65th Street and Heritage Drive. Photo: Facing west towards front of 6400 Barrie Road. Traffic Safety Report of Sep 7, 2016 Page 3 Section D: Other Traffic Safety Items handled D1. A concern was received about lane assignments from southbound France Avenue’s left turn into Southdale Mall’s parking lot north of W 69th Street. The requestor noted that driving southbound on France Avenue as a commercial vehicle, the left turn is dangerous. This is because the loading dock for the Southdale Mall is on the north side of the mall, and requires use of the center or leftmost lane on the entrance of the Southdale Mall. The requestor further noted that commercial drivers are trained to avoid using the leftmost left turn lane where a dual left turn lane exists, thus the requestor feels drivers are cutting off commercial vehicles when they enter Southdale Mall’s parking lot. A short field investigation revealed that the lane markings on the road would strongly discourage a driver from making the movement the requestor described as necessary. This was forwarded to Hennepin County to see if they would be willing to alter lane markings on France Avenue, or otherwise address this issue. D2. A requestor was concerned about traffic on York Ave, directly south of the Promenade. The requestor feels that traffic from the YMCA, combined with normal congestion on York Ave, makes accessing the roadway impossible, especially at peak hours. The requestor continued that the Centerpoint Energy construction currently underway on York Ave would be a great time for changes to the roadway to address the concerns. Requestor was forwarded to Hennepin County as York Ave is a county road in this location. D3. A building owner west of the W 78th Street and Cahill Road intersection asked for repainting a median as a left turn lane, as it was being used as such by tenants to access the building and pull out of the through travel lanes. This area was repainted as a left turn lane. D4. Requestors asked for the lights to be retimed at Vernon Avenue and Blake Road, as the intersection is now open after construction. This request was forwarded to Hennepin County because Vernon Avenue is a county road. D5. A requestor was concerned about vehicle speeds and pedestrian facilities on 58th Street at Pamela Park. A traffic speed study was performed and results sent to the Police Department for targeted enforcement. A sidewalk on 58th Street is scheduled for 2018 on the current Draft CIP. D6. A requestor was concerned about speeding on Gleason Road between Creek Valley Elementary and Valley View Road. A traffic speed study was performed and results were sent to the Police Department for targeted enforcement. D7. A requestor was concerned about a closed sidewalk on Cornelia Drive between Dunberry Lane and W 70th Street. Traffic cones and temporary No Parking signs were placed to create a space for pedestrians until a new sidewalk is placed. D8. A requestor asked for 4-way stop signs to be placed at the intersection of West 56th Street and York Avenue., The requestor believes motorists speed between Xerxes Avenue and Zenith Avenue. Existing counts and speeds on 56th have around 700 ADT and speeds of 20.3 mph which leads to a stop sign being unwarranted. There are stop signs on 56th Street at both Zenith Avenue and Xerxes Avenue. D9. A requestor was concerned about traffic delays at W 74th Street turning onto Bush Lake Road being caused from the detour at W 70th Street. After a peak hour study, it was found to have an adequate level of service. This intersection will continue to be monitored during the detour on W 70th Street. Draft Minutes☒ Approved Minutes☐ Approved Date: 1 Minutes City of Edina, Minnesota Transportation Commission Community Room September 15, 6:00 p.m. I. Call To Order Chair LaForce called the meeting to order. II. Roll Call Answering roll call were members Bass, Boettge, Brown, Iyer, Janovy, Koester, LaForce, Loeffelholz, Miranda and Olk. Absent at roll call was member Olson. III. Approval Of Meeting Agenda Motion was made by member Janovy and seconded by member Bass approving the meeting agenda. All voted aye. Motion carried. IV. Approval Of Meeting Minutes Motion was made by member Bass and seconded by member Iyer approving the edited Aug. 18, 2016, minutes. All voted aye. Motion carried. F. Traffic Safety Report of Aug. 3, 2016 A.1. Make the signs aesthetically pleasing. B.2. A roundabout was suggested. Planner Nolan said one was in the CIP but it was not funded. He was asked if they could get it approved for 2017 and he said he would try. He was asked if PACS could fund the roundabout and he said it would take at least two years of PACS’ budget. B.3. With TH-169 closure, how will this affect residents? Planner Nolan said after discussion with the requestor, they found the issue was sightline related. Regarding TH-169 closure, planner Nolan said they will have to wait and to see what happens with traffic and MnDOT will make adjustments accordingly. B.6. Move to C for further study because people are feeling uncomfortable. Planner Nolan said attempts are being made to address issue and if moved to C, the TSC won’t know what to do besides what is already being done, e.g. PCA, police enforcement, etc. He asked for suggestions and doing targeted enforcement two times annually to educate the community was suggested. Planner Nolan will revise the item and discuss with the police department. Motion made by member Bass and seconded by member Iyer to forward the Aug. 3, 2016, TSC report to the City Council. All voted aye. Motion passed. • Traffic Safety Report of Sept. 7, 2016 A.1. On-street parking policy still does not permit handicap parking? Yes, and staff is reviewing this. B.1. Seem like a partial approval. D.8. Should be in B because it is a denial. Planner Nolan will look at this. D.3. Should have come thru as item A or B. Planner Nolan said it was easy to resolve. Motion made by member Janovy and seconded by member Bass to forward the Sept. 7, 2016, TSC report to the City Council. All voted aye. Motion passed. Date: October 18, 2016 Agenda Item #: V.F. To:Mayor and City Council Item Type: Report / Recommendation From:Debra A. Mangen, City Clerk Item Activity: Subject:2017 Calendar Of Meeting Dates Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion approving the 2017 Council meeting dates and draft calendar of Board and Commission meeting dates. The City Council will hold a work session at 5:30 p.m. and their regular meeting at 7:00 p.m. on each of the 2017 scheduled dates. INTRODUCTION: Each year the City Council must approve their regular meeting and work session dates. ATTACHMENTS: Description Revised 2017 Calendar Staff Report 2017 Calendar of Meetings Draft October 18, 2016 MAYOR & CITY COUNCIL Debra Mangen, City Clerk 2017 Council Meeting Dates and Board and Commission Meeting Dates Information / Background: Edina’s regularly scheduled meetings are held on the first and third Tuesday of each month. The City Council holds a work session in the Community Room of City Hall before each meeting at 5:30 p.m. with their regularly scheduled meeting held in the Council Chambers at 7:00 p.m. Each year the City Council confirms their annual schedule noting changes necessitated due to conflicts with holidays, days of religious observance or Election Day. In accordance with the City’s Policy restricting public meetings due to days of Religious Observances, the following dates will be avoided from regularly scheduled Council meetings or Board and Commission meetings: Religious Holidays Observed (From Policy) 2017 Dates of Observance Good Friday (Christian) April 14, 2017 Christmas Eve (Christian) December 24, 2017 Evening before and day of Yom Kippur (Jewish) Evening of September 29,& September 30, 2017 Evening before and two days of Rosh Hashanah (Jewish) Evening of September 20, September 21 & 22, 2017 Evening before and first two days of Passover (Jewish) Evening of April 10 & April 11 & 12, 2017 Eid al Fitr (Muslim) June 25, 2017 Eid al Adha (Muslim) September 1, 2017 The third day of Diwali (Hindu) Starts 10/29 ends 11/2 day of observance is 10/31 Other Dates to Avoid Nite to Unite Tuesday August 1, 2017 General Election Day November 7, 2017 In 2016, the Council agreed to move meetings following legal holidays to Wednesday to accommodate Member Staunton’s schedule of meetings. We also cancelled the first July meeting due to the proximity REPORT / RECOMMENDATION Page 2 with the July 4th Holiday. During 2017, staff is suggesting that the following seven City Council meetings be moved or cancelled: • First January meeting will move to Wednesday, January 4, 2017 to avoid Member Staunton’s conflicting meeting • Second January meeting will move to Wednesday, January 18, 2017 to avoid Member Staunton’s conflicting meeting • Second February meeting will move to Wednesday, February 22, 2017 to avoid Member Staunton’s conflicting meeting • First July meeting cancelled due to proximity with July 4, 2017 Holiday • First August meetings moves to Wednesday, August 2,3 2017 to avoid “Night to Unite” • First September meeting moves to Wednesday, September 6, 2017 to avoid Member Staunton’s conflicting meeting. • First November meeting moves to Wednesday, November 8, 2017 to avoid, Tuesday November 7 2017 Election Day The attached calendar shows with red hash marks all of the days of religious observance that we will avoid hosting any meeting or special event. Typical holidays have been highlighted in yellow. There is also a color coded key of City Council and its various Board and Commission meetings. Board and Commission meetings have all been adjusted to avoid days of religious observance. After Council approval, this calendar will be published for use by staff and the public. 2017 CITY OF EDINA COUNCIL AND ADVISORY BOARDS AND COMMISSIONS MEETINGS, HOLIDAYS, DAYS OF RELIGOUS OBSERVANCE AND ELECTION DATES Holidays City Council Nite to Unite Pln Comm Trns Comm Park Board Indicates a religious holiday's observance Election Day HP Board Health Comm Human R/R Comm E& E Comm Arts & Culture Comm JANUARY FEBRUARY MARCH S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 OCTOBER NOVEMBER DECEMBER APRIL MAY JUNE JULY AUGUST SEPTEMBER Draft Meeting Schedule for 2017 Dates Subject to Change Revised 10/13/2016 Proposed for October 18, 2016 Council Meeting Date: October 18, 2016 Agenda Item #: V.G. To:Mayor and City Council Item Type: From:Lisa Schaefer, Assistant City Manager Item Activity: Subject:Request For Purchase: 2017 League of Minnesota Cities’ Dues Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve payment of the 2017 League of Minnesota Cities dues in the amount of $30,266. INTRODUCTION: See the attached Request for Purchase. ATTACHMENTS: Description Request for Purchse: MN Cities Dues City of Edina • 4801 W. 50th St. • Edina, MN 55424 October 18, 2016 Mayor and City Council ☒ ☐ Lisa Schaefer, Assistant City Manager N/A N/A Minnesota League of Cities Annual Dues $30,266 Recommended Quote or Bid: Minnesota League of Cities Annual Dues Information/Background: Edina’s dues to the Minnesota League of Cities are due. The annual dues are based on population and since Edina’s population has increased to 50,766 the 2017 dues are calculated at $30,266.00. Date: October 18, 2016 Agenda Item #: V.H. To:Mayor and City Council Item Type: Request For Purchase From:Steven Grausam Director of Liquor Operations Item Activity: Subject:Request for Purchase: Surveillance System for Edina Liquor Southdale Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve purchase for new Surveillance System at Edina Liquor - Southdale. INTRODUCTION: Request purchase for a new surveillance system as outlined in attached Request for Purchase. The current system was purchased in 2003 and added onto in 2008. ATTACHMENTS: Description Request for Purchase: Surveillance System for Edina Liquor Southdale City of Edina • 4801 W. 50th St. • Edina, MN 55424 October 18,2016 Mayor and City Council ☒ ☐ Steven Grausam, Director Liquor Operations Request For Purchase: Surveillance System Edina Liquor Southdale August 18, 2016 Dec. 31, 2016 Pro-Tec Design-MN State Contract # S-813(5) $70,257.09 Recommended Quote or Bid: Pro-Tec Design $70,257.09 Information/Background: The current security camera system for the Southdale liquor store was installed in 2003 and added on in 2008 and it has now reached its useful life and is in need of replacement. The current system uses low resolution cameras which limits the quality of reproduction in video or print when we need to use that info for theft or fraud investigations. The system is not able to integrate with the system in use at many other facilities. The replacement system will give us much clearer images and we will increase our camera coverage from 26 cameras to 30 cameras which will give us better in store coverage given the size of the store and also add another camera for the parking lot. This system will also allow the monitoring from most city facilities especially the police department which will be able to access video right away instead of waiting for use to make a video copy. The project will require IT to purchase an additional network switch with an expected cost of $5700. This purchase is within the CIP budgeted amount. Date: October 18, 2016 Agenda Item #: V.I. To:Mayor and City Council Item Type: Request For Purchase From:Dave Nelson, Chief of Police Item Activity: Subject:Request for Purchase: Ten LEER Rifles for Police Department Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the purchase of ten replacement Law Enforcement Entry Rifles and accessories. INTRODUCTION: The Edina Crime Fund has donated money to purchase ten Sentinel MN Law Enforcement Entry Rifles (LEER) and accessories to be used by Edina Police Special Entry Team. These weapons will replace current rifles that are eleven years old and due for replacement. ATTACHMENTS: Description Request for Purchase: Ten Leer Rifles Quotes City of Edina • 4801 W. 50th St. • Edina, MN 55424 October 18, 2016 Mayor and City Council ☒ ☐ David Nelson, Chief of Police Rifle Purchase 09-28-2016 Sentinel, MN LA Police Gear Streichers Pro Force 43,610.00 2,022.50 1,695.30 3,326.95 TOTAL = $50,654.75 Recommended Quote or Bid: Staff recommends the approval of each quote listed above with a total of $50,654.75. Components and accessories of the rifles have to be secured from four different companies. Information/Background: This purchase will replace current rifles for Edina Police Special Entry Team which are now eleven years old. Funding in its entirety has been secured by the Edina Crime Fund. Date: October 18, 2016 Agenda Item #: V.J. To:Mayor and City Council Item Type: Request For Purchase From: Item Activity: Subject:Request for Purchase: Design Services Park Signage Improvement Project Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the Request for Purchase for Design Services for Park Signage Improvement Project. INTRODUCTION: ATTACHMENTS: Description Request for Purchase Design Services Park Signage Improvement Project Quote City of Edina • 4801 W. 50th St. • Edina, MN 55424 Oct. 18, 2016 Mayor and City Council ☒ ☐ Susan Faus, Assistant Parks & Recreation Director Request for Purchase: Design Services Park Signage Improvement Project Sept. 14, 2016 NA Signcrafters $21,000 Recommended Quote or Bid: Signcrafters Information/Background: In 2014 City Council approved a development plan and subdivision request that created the Continental Gardens 100 unit housing project. Because the project required a subdivision, the owner of the new development paid the city a Park Improvement Fund payment of $500,000. At the June 2, 2015 City Council meeting City Manager Scott Neal asked the Council to approve the allocation of the Park Improvement Funds from the Continental Gardens project be earmarked for the Park Signage Improvement Project. Funds were not previously assigned in the Capital Improvement Plan. The Park Signage Improvement Project includes removing, replacing and improving every municipal park and recreational facility sign in the park system. There are approximately 43 signs that would be included in this project. Many are wood and have reached the end of their useful life. Signcrafters will design wayfinding and informational signs for the park system. They will also develop a sign plan for each park including an overview map for each location. Staff from the Communications & Technology Department, Park Maintenance, Parks & Recreation, Park Board and City Council will be actively engaged throughout the design process. REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 Four companies submitted design proposals for this project. Signcrafters Outdoor has operated a full-service sign facility for over 50 years. They manufacture and install all types of interior and exterior signage. Signcrafters offer high quality sign designs and installation services throughout Minnesota and Western Wisconsin. This is the same company that designed the new entrance sign at Braemar Golf Course. Staff requests that the City Council approve the selection of Signcrafters to provide design services for the replacement of the signs in the parks. If approved, work on the design will begin immediately with the goal of having a final approved design by the end of the year. Signcrafters will complete plans and specification documents. The sign fabrication and installation will be advertised for sealed bids in early 2017. The fabrication and installation of the signs will begin in the spring/summer of 2017. Susan Faus City of Edina 4801 West 50th Street Edina MN 55424 Proposal Date: 9/14/16 Salesperson: Mike Lawrance Job Location: Same Phone: 952-826-0431 Fax: Cell: E-mail: sfaus@EdinaMN.gov Survey 43 city parks, inventory existing signs, determine sign needs for each park. Design necessary standard sign types to encompass needs for all parks. Develop sign plan for each park including overview map for each location. Provide material samples and specifications for signs designed. Create documents suitable for requests for proposal for each park. Design services and documents--$21,000.00 includes up to 3 revisions and 2-3 meetings with necessary stakeholders. *Note: Signcrafters will credit $7,000 of this project back to the city if selected as the sole contractor for the manufacturing and installation of the Park sign project. Projected completion date is after receipt of down payment, signed contract, approved drawings and city approval. If provisions of above include installation of sign base, sign base is bid "under normal ground conditions only". Total bid price: $21,000.00(Does not include charges for sales tax(es), permits, permit staff time fees, engineering fees required by city for permit, any primary electrical work, and /or disposal/recycling fees) Signcrafters GK&M Enterprises payment terms: 60% down payment ($12,600.00) balance due upon job completion and receipt of invoice. Payments not received within 30 days from date of invoice MAY render warranty null and void. All credit card payments will incur an additional $30 electronic convenience fee. All products and services purchased remain the property of GK&M Enterprises /Signcrafters Outdoor until paid in full. Failure to pay may result in repossession at customer expense. Authorized signature: I/We accept the prices, terms, conditions and/or specifications listed here and on second page, and hereby authorize you to perform the work as specified. Note: This proposal may be withdrawn by • Signcrafters, GK&M Enterprises Inc., if not accepted within thirty days. Customer signature Date accepted 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoorc m 5D 0 IN Design Services Contract and Terms This Agreement for design services is between Signcrafters Outdoor ("Designer"), and the City of Edina (Client), for the performance of the services described in the proposal sent to Client on 9/14/16 ("Proposal"). The parties therefore agree as follows: Basic Terms and Conditions 1. DEFINITIONS As used herein and throughout this Agreement: 1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto. 1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables. 1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law. 1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Designer to Client, in the form and media specified in the Proposal. 1.5 Designer Tools means all design tools developed and/or utilized by Designer in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements. 1.6 Final Art means all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer's selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials. 1.7 Final Deliverables means the fmal versions of Deliverables provided by Designer and accepted by Client. 1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art. 1.9 Project means the scope and purpose of the Client's identified usage of the work product as described in the Proposal. 1.10 Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Proposal. 1.11 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoorncom 1.12 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client. 2. PROPOSAL The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution. 3. FEES AND CHARGES 3.1 Fees. In consideration of the Services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule. 3.2 Expenses. Client shall pay Designer's expenses incurred in connection with this Agreement as follows, if applicable: (a) incidental and out-of- pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost plus Designer's standard markup of 30%, and, if applicable, a mileage reimbursement at per mile; and (b) travel expenses including transportation, meals, and lodging, incurred by Designer with Client's prior approval. 3.3 Additional Costs. The Project pricing includes Designer's fee only. Any and all outside costs including, but not limited to, equipment rental, photographer's costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal. 3.4 Invoices. All invoices are payable within 30 days of receipt. A monthly service charge of 1.5% [or the greatest amount allowed by state law] is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes. 4. CHANGES 4.1 General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Designer's standard hourly rate of $90.00 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes. 4.2 Substantive Changes. If Client requests or instructs Changes that amount to a revision of at least 15% of the time required to produce the Deliverables, and or the value or scope of the Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Designer. 4.3 Timing. Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client's concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer's ability to meet any and all schedules is entirely dependent upon Client's prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client's performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer's obligations under this Agreement. 4.4 Testing and Acceptance. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within 5 business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted. 5. CLIENT RESPONSIBILITIES Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than the Designer; (b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and (c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors. 6. ACCREDITATION/PROMOTIONS All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Designer's name in the form, size and location as incorporated by Designer in the Deliverables, or as otherwise directed by Designer. Designer retains the right to reproduce, publish and display the Deliverables in Designer's portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other's reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party's website. 7. CONFIDENTIAL INFORMATION Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works ("Confidential Information"). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoorocom 0 119 v p on 8. RELATIONSHIP OF THE PARTIES 8.1 Independent Contractor. Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer's sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement. 8.2 Designer Agents. Designer shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services ("Design Agents"). Notwithstanding, Designer shall remain fully responsible for such Design Agents' compliance with the various terms and conditions of this Agreement. 8.3 No Solicitation. During the term of this Agreement, and for a period of six (6) months after expiration or termination of this Agreement, Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for- hire or any other kind of basis, any Designer, employee or Design Agent of Designer, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, Client agrees that Designer shall be entitled to an agency commission to be the greater of, either (a) 25 percent of said person's starting salary with Client, or (b) 25 percent of fees paid to said person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. Designer, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity. 8.4 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer. 9. WARRANTIES AND REPRESENTATIONS 9.1 By Client. Client represents, warrants and covenants to Designer that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client's knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables. 9.2 By Designer (a) Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services. (b) Designer further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Designer and/or its independent contractors, (ii) in the event that the Final Deliverables 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com include the work of independent contractors commissioned for the Project by Designer, Designer shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Designer's knowledge, the Final Art provided by Designer and Designer's subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void. (c) Except for the express representations and warranties stated in this agreement, designer makes no warranties whatsoever, designer explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project. 10. INDEMNIFICATION/LIABILITY 10.1 By Client. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client's responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client's obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Designer in providing such assistance. 10.2 By Designer. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Designer agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Designer's representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client provided that (a) Client promptly notifies Designer in writing of the claim; (b) Designer shall have sole control of the defense and all related settlement negotiations; and (c) Client shall provide Designer with the assistance, information and authority necessary to perform Designer's obligations under this section. Notwithstanding the foregoing, Designer shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due-to Client Content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Designer. 10.3 Limitation of Liability. The services and the work product of designer are sold "as is." In all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates ("Designer Parties"), to client for damages for any and all causes whatsoever, and client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoorocom ©UV[DOOE 11. TERM AND TERMINATION 11.1 This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered. 11.2 This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach. 11.3 In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Designer or Designer's agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation. 11.4 In the event of termination by Client and upon full payment of compensation as provided herein, Designer grants to Client such right and title as provided for in Schedule A of this Agreement with respect to those Deliverables provided to, and accepted by Client as of the date of termination. 11.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party's request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive. 12. GENERAL 12.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Designer's invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. 12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt. 12.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party. 12.4 Force Majeure. Designer shall not be deemed in breach of this Agreement if Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Designer's control (collectively, "Force Majeure Event"). Upon occurrence of any Force Majeure Event, Designer shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com 12.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Name of State without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys' fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Name of State. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Client acknowledges that Designer will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Designer shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein. 12.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. 12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect. 12.8 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. hi the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. This Agreement comprises this Basic Terms and Conditions document, the Proposal, Schedule A below. By their execution, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the last date of signature, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein. Schedule A: Intellectual Property Provisions 1. RIGHTS TO DELIVERABLES OTHER THAN FINAL ART 1.1 Client Content. Client Content, including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to Designer a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Designer's performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement. 1.2 Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. Designer shall inform Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Under such circumstances Designer shall inform Client of any need to license, at Client's expense, and unless otherwise provided for by Client, Client shall obtain the license(s) necessary to permit Client's use of the Third Party Materials consistent with the usage rights granted herein. In the event Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of Third Party Materials, Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of Client's failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Art. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoorocom 1.3 Preliminary Works. Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within 30 days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of Designer. 1.4 Original Artwork. Designer retains all right and title in and to any original artwork comprising Final Art, including all rights to display or sell such artwork. Client shall return all original artwork to Designer within 30 days of completion of the Services. 1.5 Trademarks. Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-of- pocket expenses due, Designer assigns to Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by Designer for use by Client as a Trademark. Designer shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment. Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client's use and/or failure to obtain rights to use or use of the Trademark. 1.6 Designer Tools. All Designer Tools are and shall remain the exclusive property of Designer. Designer hereby grants to Client a nonexclusive, nontransferable (other than the right to sublicense such uses to Client's web hosting or internet service providers), perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any Designer Tools comprising any software or technology of Designer. 2. RIGHTS TO FINAL ART(if applicable) 2.A (1) (a) License for limited usage, no modification rights: 2.1 For print AND/OR online/interactive AND/OR three-dimensional media: Upon completion of the Services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Designer grants to Client the rights in the Final Art as set forth below. Any additional uses not identified herein require an additional license and may require an additional fee. All other rights are expressly reserved by Designer. The rights granted to Client are for the usage of the Final Art in its original form only. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. Category of use Medium of use Duration of use Geographic territory Initial press run With respect to such usage, Client shall have: Exclusive or Nonexclusive rights OR 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com 2.A (1)(b) Exclusive license, no modification rights: 2.2 For print AND/OR online/interactive AND/OR three-dimensional media: Designer hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce and display the Final Art solely in connection with the Project as defined in the Proposal and in accordance with the various terms and conditions of this Agreement. The rights granted to Client are for usage of the Final Art in its original form only. Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Final Art. OR 2.A (1) (c) Exclusive license, with modification rights: 23 For print AND/OR online/interactive AND/OR three-dimensional media: Designer hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Final Art solely in connection with the Project as defined in the Proposal and in accordance with the terms and conditions of this Agreement. 2.A (2) Liquidation for unlicensed use: Client's use of the Final Art shall be limited to the usage rights granted herein for the Project only. Use of the Final Art, Deliverables or any derivative works thereof by Client at any other time or location, or for another project or outside the scope of the rights granted herein require an additional fee and Designer shall be entitled to further compensation equal to 25% of the original Project fee unless otherwise agreed in writing by both parties. In the event of non-payment, Designer shall be entitled to pursue all remedies under law and equity. OR 2.B Assignment: Upon completion of the Services, and expressly subject to full payment of all fees, costs and expenses due, Designer hereby assigns to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Final Art. Designer agrees to reasonably cooperate with Client and shall execute any additional documents reasonably necessary to evidence such assignment. Supplement 1: Print-specific Terms and Conditions 1. Samples. Client shall provide Designer with Number of samples of samples of each printed or published form of the Final Deliverables, for use in Designer's portfolio and other self- promotional uses. Such samples shall be representative of the highest quality of the work produced. 2. Finished Work. The printed work, and the arrangement or brokering of the print services by Designer, shall be deemed in compliance with this Agreement if the final printed product is within the acceptable variations as to kind, quantity, and price in accordance with current or standard trade practices identified by the supplier of the print and print-related services. Whenever commercially reasonable and if available, Designer shall provide copies of the current or standard trade practices to Client. Notwithstanding, Designer shall have no responsibility or obligation to negotiate changes or amendments to the current or standard trade practices. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com Supplement 2: Interactive-specific Terms and Conditions 1. SUPPORT SERVICES(if applicable) 1.1 Warranty Period. "Support Services" means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies, but shall not include the development of enhancements to the Project or other services outside the scope of the Proposal. During the first Months covered by Warranty months following expiration of this Agreement ("Warranty Period"), if any, Designer shall provide up to 8 hours of Support Services at no additional cost to Client. Additional time shall be billed at Designer's regular hourly rate, then in effect upon the date of the request for additional support. 1.2 Maintenance Period. Upon expiration of the Warranty Period and at Client's option, Designer will provide Support Services for the following Months covered by Maintenance months (the "Maintenance Period") for $90 per hour. The parties may extend the Maintenance Period beyond one year upon mutual written agreement. 2. ENHANCEMENTS During the Maintenance Period, Client may request that Designer develop enhancements to the Deliverables, and Designer shall exercise commercially reasonable efforts to prioritize Designer's resources to create such enhancements. The parties understand that preexisting obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis at Designer's then in effect price for such services. 3. ADDITIONAL WARRANTIES AND REPRESENTATIONS 3.1 Deficiencies. Subject to the representations and warranties of Client in connection with Client Content, Designer represents and warrants that the Final Deliverables will be free from Deficiencies. For the purposes of this Agreement, "Deficiency" shall mean a failure to comply with the specifications set forth in the Proposal in any material respect, but shall not include any problems caused by Client Content, modifications, alterations or changes made to Final Deliverables by Client or any third party after delivery by Designer, or the interaction of Final Deliverables with third party applications such as Web browsers other than those specified in the Proposal. The parties acknowledge that Client's sole remedy and Designer's sole liability for a breach of this Section is the obligation of Designer to correct any Deficiency identified within the Warranty Period. In the event that a Deficiency is caused by Third Party Materials provided or specified by Designer, Designers sole obligation shall be to substitute alternative Third Party Materials. 3.2 Designer Tools. Subject to the representations and warranties of the Client in connection with the materials supplied by Client, Designer represents and warrants that, to the best of Designer's knowledge, the Designer Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by Client or third parties. 4. COMPLIANCE WITH LAWS Designer shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the known relevant rules and regulations. Client, upon acceptance of the Deliverables, shall be responsible for conformance with all laws relating to the transfer of software and technology. 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com ©UVOCIOR Supplement 3: Environmental-specific Terms and Conditions 1. PHOTOGRAPHS OF THE PROJECT Designer shall have the right to document, photograph or otherwise record all completed designs or installations of the Project, and to reproduce, publish and display such documentation, photographs or records for Designer's promotional purposes in accordance with Section 6 of the Basic Terms and Conditions of this Agreement. 2. ADDITIONAL CLIENT RESPONSIBILITIES Client acknowledges that Client shall be responsible for performing the following in a reasonable and timely manner- (a) Communication of administrative or operational decisions if they affect the design or production of Deliverables, and coordination of required public approvals and meetings; (b) Provision of accurate and complete information and materials requested by Designer such as, by way of example, not limitation, site plans, building plans and elevations, utility locations, color/material samples and all applicable codes, rules and regulation information; (c) Provision of approved naming, nomenclature; securing approvals and correct copy from third parties such as, by way of example, not limitation, end users or donors as may be necessary; (d) Final proofreading and written approval of all project documents including, by way of example, not limitation, artwork, message schedules, sign location plans and design drawings before their release for fabrication or installation. In the event that Client has approved work containing errors or omissions, such as, by way of example, not limitation, typographic errors or misspellings, Client shall incur the cost of correcting such errors; (e) Arranging for the documentation, permissions, licensing and implementation of all electrical, structural or mechanical elements needed to support, house or power signage; coordination of sign manufacture and installation with other trades; and (f) Bid solicitation and contract negotiation; sourcing, establishment of final pricing and contract terms directly with fabricators or vendors. 3. ENGINEERING The Services shall include the selection and specifications for materials and construction details as described in the Proposal. However, Client acknowledges and agrees [that Designer is not a licensed engineer or architect, and] that responsibility for the interpretation of design drawings and] the design and engineering of all work performed under this Agreement ("Engineering") is the sole responsibility of Client and/or its architect, engineer or fabricator. 4. IMPLEMENTATION Client expressly acknowledges and agrees that the estimates provided in the Proposal, at any time during the project for implementation charges such as, including, but not limited to, fabrication or installation are for planning purposes only. Such estimates represent the best judgment of Designer or its consultants at the time of the Proposal, but shall not be considered a representation or guarantee that project bids or costs will not vary. Client shall contract and pay those parties directly responsible for implementation services such as fabrication or installation ("Implementation"). Designer shall not be responsible for the quality or timeliness of the 1517 94th Lane NE Minneapolis, MN 55449 763-571-2995 www.scoutdoor.com f_C ©Ulf' E CD 0 third-party Implementation services, irrespective of whether Designer assists or advises Client in evaluating, selecting or monitoring the provider of such services. 5. COMPLIANCE WITH LAWS Designer shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the applicable rules and regulations such as the Americans with Disabilities Act ("ADA"). However, Designer is not an expert and makes no representations or warranties in connection with compliance with such rules, codes or regulations. The compliance of the Final Deliverables with any such rule, codes or regulations shall be the responsibility of Client. Designer shall use commercially reasonable efforts to ensure the suitability and conformance of the Final Deliverables. 6. CLIENT INSURANCE Client shall maintain, during the term of this Agreement, at its sole expense, construction and maintenance liability, product liability, general business liability and advertising injury insurance from a recognized insurance carrier. Such insurance shall name Designer individually as an additional named insured. Client shall provide a copy of said insurance policy to Designer at Designer's request. Customer Initial 1517 94th Lane NE !Minneapolis, MN 55449 763-571-2995 wwwascourtd rococo Date: October 18, 2016 Agenda Item #: V.K. To:Mayor and City Council Item Type: Request For Purchase From:Ryan Browning, I.T. Manager Item Activity: Subject:Request for Purchase: Fiber Connection to Southdale Water Tower Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the purchase of a fiber optic connection to the Southdale water tower to the recommended low bidder C.I. Utilities in the amount of $36,302.00. INTRODUCTION: The Utilities Division currently relies on a wireless communication system for the majority of its water systems. By moving these systems to fiber, we will be able to increase the speed, reliability and security of the systems. We have identified the water towers as a priority for conversion to fiber. The responses to our request for quote are due on Monday, Oct. 17. This agenda item will be updated with the costs at that time. ATTACHMENTS: Description RFP: Southdale Water Tower Fiber Connection City of Edina • 4801 W. 50th St. • Edina, MN 55424 October 18, 2016 Mayor and Council ☒ ☐ Ryan Browning, I.T. Manager Request for Purchase: Fiber Connection to Southdale Water Tower October 17, 2016 NA C.I. Utilities Parsons Inc. $36,302.00 $63,931.00 Recommended Quote or Bid: C.I. Utilities $36,302.00 Information/Background: The City of Edina maintains an extensive fiber network that connects its various facilities. This network provides high-speed, secure, reliable and redundant connections to these sites. The Utilities Division currently relies on a wireless system for the majority of their water systems. By moving these systems to fiber, we will be able to increase the speed, reliability and security of the systems. We have identified the Water Towers as a priority for conversion to fiber. Weather permitting, this project would begin in November and will be completed in December. If necessary, the project will be completed in the spring. This installation will also require the purchase of a network switch for approximately $7,000. This expense will be paid for out of the Construction Fund as part of Capital Improvement Project 15- 184 and is within budget. Staff recommends the City proceed with this purchase. Date: October 18, 2016 Agenda Item #: VI.A. To:Mayor and City Council Item Type: Other From:Ann Kattreh, Parks & Recreation Director Item Activity: Subject:Minnesota Recreation & Park Association Award of Excellence for Braemar Field Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: The City of Edina is receiving a 2015 Award of Excellence for Braemar Field from the Minnesota Recreation and Park Association. This award is in the Sponsorship and Partnership award category because of the unique partnership formed with the City of Edina, the Edina Baseball Association, Edina Football Association, Edina Soccer Club and Edina Lacrosse Association. Without their partnership for the purchase of over 800 dome hours annually, the facility would not have been viable. Cindy Walsh, Director of Operations and Recreation for the City of St. Louis Park, representing the MRPA Awards Committee, will present the award to the City. Date: October 18, 2016 Agenda Item #: VI.B. To:Mayor and City Council Item Type: Report / Recommendation From:Debra A. Mangen, City Clerk Item Activity: Subject:Extra Mile Day 2016 Proclamation Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion to adopt the 2016 Extra Mile Day Proclamation as proposed. INTRODUCTION: The Extra Mile America Foundation approached the City for our participation in proclaiming November 1, 2016 Extra Mile Day. The Foundation requests cities to highlight this day to remind individuals and organizations that one person can make a difference in creating positive changes in America. Edina participated in 2015 by adopting the Extra Mile Day proclamation and the Foundation has requested the City to once again adopt a proclamation. ATTACHMENTS: Description 2016 Extra Mile Day Proclamation PROCLAMATION EXTRA MILE DATE 2016 WHEREAS, Edina, Minnesota is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, Edina, Minnesota is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, Edina, Minnesota is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, Edina, Minnesota acknowledges the mission of Extra Mile America to create 500 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2016. NOW THEREFORE, the Edina City Council of Edina, Minnesota does hereby proclaim November 1, 2016 to be EXTRA MILE DAY. And urges each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place. IN WITNESS WHEREOF, I have hereunto set by hand and caused the Seal of the City of Edina to be affixed this 18th day of October in the year of our Lord two thousand sixteen. James B. Hovland, Mayor Date: October 18, 2016 Agenda Item #: VI.C. To:Mayor and City Council Item Type: Report / Recommendation From:David Nelson, Chief of Police Item Activity: Subject:Proclamation for Domestic Violence Awareness Month CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt the attached Proclamation of Domestic Violence Awareness Month in the City of Edina for the month of October. INTRODUCTION: ATTACHMENTS: Description Staff Report Prolamation for Domestic Violence Month Prolamation For Domestic Violence October 18th, 2016 Mayor and City Council David Nelson, Chief of Police Proclamation for Domestic Violence Awareness Month Information / Background: The National Coalition Against Domestic Violence has proclaimed October as Domestic Violence Awareness Month. This problem touches every community including Edina, where the police responded to an average of 140 domestic related calls each year. Laws have become tougher, abusers held accountable and prosecutors working closely with advocates but much more needs to be done to increase awareness. PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the month of October, 2016, is Domestic Violence Awareness Month in the United States jointly with the National Coalition Against Domestic Violence; and WHEREAS, since 1995, the City of Edina, has partnered with Cornerstone Domestic Advocacy Services, and has educated the public, policymakers and court professionals about issues important to domestic violence; and WHEREAS, according to a recent news story, 315 defendants in Minnesota were sentenced for domestic assault in 2013 compared with 44 a decade ago; and WHEREAS, since 1930 when the Edina Police Department was formed, there been 16 homicides in our community and 15 have involved a domestic or intimate relationship; and WHEREAS, each year the Edina Police Department responds to approximately 140 calls resulting in 40 arrests for domestic assault; and WHEREAS, preventing domestic violence before it happens should be the community goal; and WHEREAS, advocating for victims of domestic abuse and breaking the cycle of violence enables them to take back control, living free of violence; and WHEREAS, strong public commitment is critical for keeping our community safe and free of domestic violence. NOW, THEREFORE, the City Council of the City of Edina, MN, hereby proclaims October 2016 as DOMESTIC VIOLENCE AWARENESS MONTH In the City of Edina, MN and call upon the people of Edina to observe this month by helping out families, friends, neighbors, co-workers and leaders better understand the value of domestic violence awareness”. Dated this 18th day of October, 2016. James B. Hovland, Mayor Date: October 18, 2016 Agenda Item #: VII.A. To:Mayor and City Council Item Type: Report / Recommendation From:Jessica Wilson, CFM, Water Resources Coordinator Item Activity: Subject:PUBLIC HEARING: Ordinance No. 2016-14, Amending Chapter 36 Floodplain Regulations Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Grant 1st reading and waive 2nd reading, adopting ordinance #2016-14. INTRODUCTION: Staff proposes amendments to Chapter 36, Article 10 Floodplain Districts to adopt the updated county-wide Flood Insurance Study and Flood Insurance Rate Maps dated November 4, 2016. Additionally, the proposed floodplain ordinance language has been updated to align with federal, state, and watershed district rules. Updating the ordinance is required by the Federal Emergency Management Agency for the City to continue participation in the National Flood Insurance Program. At the September 28th Planning Commission meeting, staff presented the proposed ordinance changes and a public hearing was held. The Commission invited the audience to provide testimony but none was given related to the floodplain district overlay ordinance update. The public hearing was then closed and the Planning Commission made a recommendation to City Council to adopt the ordinance updates as proposed. ATTACHMENTS: Description Floodplain Districts Overlay ordinance update staff report Memo to file - 2016 updates to FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County Floodplain Districts proposed ordinance #2016-14 Edina and DNR comments and tracked changes Minnesota sample floodplain ordinance 20160922_FEMA letter to City October 18, 2016 City Council Jessica Vanderwerff Wilson, CFM, Water Resources Coordinator Floodplain Districts Overlay ordinance updates Information / Background: FEMA administers the National Flood Insurance Program (NFIP) which aims to reduce the impact of flooding on private and public structures by providing affordable insurance and requiring participating communities to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding. The City joined the NFIP in 1980. Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) are produced county by county in support of the NFIP. These products identify and delineate flood hazard areas and have implications for flood insurance and land development. The current effective FEMA FIRM and FIS were adopted by the City in 2004. FEMA has updated the Hennepin County maps. On May 4, 2016 FEMA issued a Letter of Final Determination, available on the City’s flood resources website (http://edinamn.gov/index.php?section=engineering_flood_resources) indicating that the updated maps would become effective on November 4, 2016. The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of the loan. A detailed background memo dated July 25, 2016 and titled “Updates to FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County,” describing the map changes, the appeals brought forth by the City, and a description to access updated data is attached. The city must adopt a conforming ordinance by the effective date in order to continue participating in the NFIP. By law, FEMA cannot offer flood insurance in communities that do not have regulations that meet or exceed the minimum requirements of the NFIP (these regulations can be found in Title 44 of the Code of Federal Regulations (44 CFR) Section 60.3). The MN Department of Natural Resources (DNR) is the state floodplain regulatory agency and has provided a model ordinance for the City to modify and adopt. The model ordinance has changed significantly since the last time this process was undertaken. Some of the updates to the model ordinance were required by FEMA, some were clarifications or corrections to ensure state and federal laws are being followed, and some were optional recommended language for the City to consider. STAFF REPORT Page 2 City staff have drafted a community-specific ordinance based on the model and received a conditional letter of approval from the MN DNR. A copy of the annotated DNR model ordinance, the red-line version with comments from City staff and DNR, and the proposed ordinance are attached. If the City fails to adopt appropriate floodplain management regulations before the November 4, 2016 effective date, the community will be suspended from the NFIP and the following sanctions will apply; Property owners will not be able to purchase NFIP flood insurance policies and existing policies will not be renewed. Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration. Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of Veteran Affairs. Federally insured or regulated lending institutions, such as banks and credit unions, are allowed to make conventional loans for insurable buildings in flood hazard areas of non-participating communities. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. Summary of proposed changes to the Floodplain Districts ordinance Major proposed changes are summarized below with supporting details describing which agencies (federal, state, or city) are driving the change. 1. Adoption of the updated FIRM and FIS by reference. o Federal requirement; updated FIRM panels and FIS have been finalized. 2. Many definitions were added including basement, critical facilities, development, FIRM flood insurance rate map, flood prone area, new construction, 100-year floodplain, special flood hazard area, and start of construction. o Federal requirement; many definitions listed here are mandatory. o City staff; propose to include optional definitions for ‘critical facilities’, and ‘flood prone area’. 3. The ‘lowest floor’ definition is clarified. o Federal requirement; a definition for ‘lowest floor’ must be provided. A copy/paste error in the current version causes confusion. Federal definition provides for some exemptions. o City propose not to carry forward the exemptions; City staff provided a revised definition for lowest floor but did not include the exemptions. See the red-line version of the proposed ordinance with comments from City staff and the DNR. 4. Railroads, streets, bridges, utility transmission lines, and pipelines used to be a conditional use, now these are permitted uses if the DNR is notified and certain standards are met. o State-level change. 5. In the standards for floodway conditional uses and flood fringe permitted uses, the size for accessory structures that may be internally/wet floodproofed increased from 500 square feet to 576 square feet. o State-level change. STAFF REPORT Page 3 o City proposes to align with state-level change; allowing for wet floodproofing of a small accessory structure up to 576 square feet is optional. Wet floodproofing to 500 square feet is allowed in the current ordinance. Adopting this provision is less protective; however, provides more flexibility for development and redevelopment. 6. Placement of manufactured homes, recreational vehicle parks, and campgrounds are prohibited in any floodplain district. o State requirement; this is a revision to recognize the Minnesota Department of Health’s rules (section 4630.0200) which prohibits mobile home parks and recreational camping areas in flood-prone areas. 7. The regulatory flood protection elevation has been increased to two-feet (previously was one-foot) above the BFE. o State requirement; the one-foot elevation is mandated by State law. o City proposes adopting higher standard; City staff proposes raising the RFPE to two-feet above the BFE. The proposed two-foot elevation provision conforms to the Nine Mile Creek Watershed District (NMCWD) floodplain development rule as well as the City’s engineering standards. The Minnehaha Creek Watershed District floodplain development rule requires that low door and window openings be no less than two- feet above the BFE. This provides increased protection for the health, safety, and welfare of the community. FEMA models are based flood risk assumptions that are now superseded in City and NMCWD modeling, so an additional 1 foot margin of safety is prudent. Mitigation costs vary by type and location, but in general, mitigation saves society an average of $4 for every $1 spent (“Natural Hazard Mitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities”, National Institute of Building Sciences, 2005). 8. Some conditional uses in the floodway have been removed. o State requirement; the City must allow for some uses of the floodway, but may choose those that are appropriate for the community. o City proposes to keep a subset of conditional uses from model ordinance; some of the conditional uses were removed to allow only those that were appropriate for Edina. 9. The optional alternative elevation methods for flood fringe conditional uses (meaning an alternative to fill such as stilts or pilings) have been removed. o City opted out; federal law allows for alternative elevation methods such as stilts or pilings however, these are rare in Minnesota. According to the DNR’s annotated model ordinance, these alternative methods are, “burdensome to administer – typically requiring non-conversion agreements and detailed monitoring and inspections.” 10. The standards for flood fringe permitted uses requiring that all new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation has been removed. o City opted not to propose in update; this provision is in the current ordinance. It is an optional provision and City staff proposes to remove it. Removing this provision is less protective; however, provides more flexibility for development and redevelopment. STAFF REPORT Page 4 11. Division 8, Nonconforming Uses item (3) requiring the cost of any structural alterations or additions to any nonconforming structure over the life of the structure not exceed 50% of the market value of the structure are proposed to be removed. o Federal requirement; substantial improvement must be tracked over a one-year period at a minimum. o State requirement; buildings and structures within the Floodway District may not be enlarged or expanded; i.e. the envelope of the structure cannot change. In the Flood Fringe, structures may be enlarged or expanded as long as the addition meets the elevation standards and does not constitute a substantial improvement. o State suggested; language is included in the state model ordinance as a tool to gradually eliminate non-conformities over time. This would include any structural alterations and additions constructed since the City first joined the NFIP in 1980. If the cost of all previous and proposed alterations and additions exceed 50% of the current market value of the structure, then the structure would be required to come into compliance with the standards for new structures depending on whether the structure is in the floodway or flood fringe district. o City opted out of higher standard; tracking cumulative improvements over the life of the structure is in the current ordinance, however, City staff proposes that it be replaced with the federal minimum. Opting out of this provision is less protective; however, provides more flexibility for development and redevelopment. 12. Division 8, Nonconforming Uses item (4) requiring that if any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to floodplain districts ordinance articles has been removed. It is an optional provision that is not carried forward in the proposed update. o State suggested; language is included in the state model ordinance as a tool to gradually eliminate non-conformities over time. o City opted out of higher standard; the provision is included in the current ordinance, however, City staff proposes that it be removed. Opting out of this provision is less protective; however, provides more flexibility for development and redevelopment. 13. ‘Repetitive Loss’ is a relatively new, optional federal provision in the model ordinance (model reference 2.936 and 11.16). o Federal requirement; if any nonconformity is substantially damaged (sustaining damage from any natural disaster which equals or exceeds 50% of the market value of the structure before the damage occurred) it may not be reconstructed except in conformity with the provisions of the floodplain district ordinance. o State suggested; ‘Repetitive Loss’ language is included in the state model ordinance as a tool to gradually eliminate non-conformities over time. It is intended to gradually eliminate nonconformities that are frequently damaged but not to the 50% level. If included, it would require structures that have been damaged more than once to be reconstructed in conformance with the provisions of this ordinance, even if the repairs amounted to less than 50% of the market value of the structure. o City opted out of higher standard; the provision is optional and was not included in the proposed ordinance update. Opting out of this provision is less protective. STAFF REPORT Page 5 14. Division 7, Land Development Standards section 7.1, 7.25, and 7.3 have been added in the proposed ordinance update. o State suggested; these provisions enable communities to manage flood risks in unmapped but flood-prone areas. o City opted in; this section would apply to flood-prone areas including those identified in the local Comprehensive Water Resources Management Plan. This provides increased protection for the health, safety, and welfare of the community. Resident outreach After November 4, the updated map effective date, lending agencies will review their loans and the updated FIRM to see which ones have principle structures in the SFHA. Those with mortgages from a federally regulated or insured lender are required by Federal law to carry flood insurance. Most lenders will then send a letter indicating that property owners in the SFHA must get flood insurance within 45 days or have a policy force-placed, which is normally much more expensive. Normal home hazard insurance does not cover flood damage. Neither FEMA nor the DNR conduct outreach to inform residents of the map updates. City staff has prepared letters for affected residents with information describing how the update affects them, where to find more information, and what to do if they believe they’ve been inadvertently included in the SFHA. Several versions were drafted with information geared specifically to the various situations that affected property owners may find themselves in. Copies of the letters are available at http://edinamn.gov/index.php?section=engineering_flood_resources . If property owners believe they are actually elevated above the BFE they may submit a Letter of Map Amendment with sufficient elevation data to FEMA to be removed from the SFHA and thus, the federal requirement to carry flood insurance for certain mortgage holders. Property owners can either provide a survey, or in certain circumstances where structures are clearly elevated above the BFE, they may qualify for a streamlined LOMA process where the City can provide a map showing that the structure is Out As Shown (OAS) in lieu of a survey. Geographic Information Systems (GIS) mapping software was used to overlay digital floodplain data with local parcel information to create a mailing list of affected residents. As the list was being compiled, it was clear that some parcels intersected with the 2-D updated floodplain layer shape; however, were actually elevated far above the BFE. Flood insurance premiums can cost property owners hundreds to thousands of dollars each year. Additionally, the cost to furnish a certified survey can cost about $1,000. Considering this, staff decided to review each affected parcel to see if the property owners would be eligible for a streamlined LOMA process. In cases where it was appropriate, an OAS map was furnished up-front and provided to the property owner. This minimizes the burden of flood insurance for private property owners that are actually at lower risk and eliminates the need to commission a Professional Land Surveyor to furnish a field survey. The GIS query revealed nearly 700 affected parcels which break down into the following categories; 224 parcels with principle structures intersect with the SFHA. A desktop review of these parcels showed that it was too close to determine if the structure was above or below the BFE without a field survey. If the property owner believes the lowest floor (including a basement) is above the BFE, they may submit a LOMA with a field survey. 2 Letter of Map Changes (LOMCs) will be superseded. These properties had a LOMA; however, when the updated maps become effective, the determinations will be superseded because updated STAFF REPORT Page 6 hydraulic and hydrologic data revealed that the lowest floor elevations of the principle structures are actually below the BFE. 42 LOMCs will be revalidated. These properties had provided elevation data showing they were above the BFE and were removed from the SFHA. The LOMCs will be automatically revalidated by FEMA one day after the updated maps become effective, free of charge. 40 parcels with principle structures are shown to be newly out of the SFHA in a lower risk zone. City Staff prepared and provided OAS maps to these property owners so that they may communicate their lower flood risk to their lenders. 379 parcels with principle structures intersect with the SFHA, but are clearly elevated above the BFE. City staff prepared OAS maps for each, potentially saving homeowners from paying hundreds to thousands annually in flood insurance premiums, and perhaps for years without knowing. The maps also may be used for a LOMA in lieu of a survey, providing further potential cost savings. Another service that is provided for residents is the interactive water resources map (https://www.barr.com/maps/edina/index.html#/-93.3600/44.8918/13). A link to the map was provided in each letter so that residents may use the tool to view an aerial photograph of their property overlaid with the updated SFHA. It is a helpful tool in effectively and efficiently communicating flood risk to stakeholders. At the time this memo was prepared, neither FEMA nor Hennepin County had launched an interactive map with the updated floodplain data. Because Edina’s water resources map had been updated, staff didn’t have to wait to send letters which provided more lead time for eligible property owners to sign up for insurance policies. Schedule 05/04 – FEMA issues Letter of Final Determination and marks beginning of 6-month adoption period. 07/11 – DNR provides floodplain ordinance model. 07/28 – City staff review/discuss ordinance updates. Proposed changes must be submitted to the DNR for approval. 08/09 – DNR provides conditional approval to Edina for proposed ordinance updates. 08/31 – 09/09 – Send letters to residents about 8 weeks before effective date. Preferred Risk Policies (PRP) may be available to new policy holders, but must be purchased more than 30 days before updated maps become effective. 09/08 – Public notice in Sun Current for Planning Commission public hearing. 09/14 – Proposed ordinance update on Planning Commission agenda for discussion. 09/28 – Proposed ordinance update and public hearing on agenda for Planning Commission. 10/04 – 30 days until maps become effective – new PRP insurance policies should be purchased by this date to be effective before updated maps become effective. 10/06 – Public notice in Sun Current for City Council public hearing. 10/18 – Proposed ordinance update and public hearing on agenda. Request for City Council to grant 1st reading and waive 2nd reading, adopting proposed ordinance. 10/20 – (estimated date) Adopted ordinance is officially filed with County Recorder. 10/27 – Adopted ordinance published in Sun Current. 11/01 – Signed and certified in-effect ordinance, affidavits of publication, and completed “ordinance certification checklist” due to DNR. 11/04 – New maps become effective, must be adopted by community prior to this date to continue participation in the National Flood Insurance Program. City of Edina • 7450 Metro Boulevard • Edina, MN 55439 Engineering Department Phone 952-826-0371 • Fax 952-826-0392 • www.EdinaMN.gov Date: July 25, 2016 To: File cc: From: Jessica Vanderwerff Wilson, CFM, Water Resources Coordinator Subject: 2016 updates to FEMA Flood Insurance Rate Maps and Flood Insurance Study for Hennepin County FEMA’s National Flood Insurance Program FEMA administers the National Flood Insurance Program (NFIP) which aims to reduce the impact of flooding on private and public structures by providing affordable insurance and requiring participating communities to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding. The City joined the NFIP in 1980. Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) are produced for the county in support of the NFIP. These products delineate flood hazard areas and have implications for flood insurance and land development. The current effective FEMA FIRM and FIS were adopted by the City in 2004. The 2016 updates to the FIRM and FIS incorporate modeling results from hydrologic and hydraulic models developed in the mid-2000s. FEMA has spent approximately the past ten years finalizing the Hennepin County maps. A major change with the map update was modernization to a digital format designed for use with Geographic Information Systems (GIS) software. This allows for better integration of local datasets with flood hazard data to assist with floodplain management. During the map revision process several appeals and map review comments, which are summarized below, were submitted to FEMA by Barr Engineering on behalf of the City of Edina. The updated FIS and FIRM are available for download at https://msc.fema.gov/portal/advanceSearch . A paper copy is available in the Engineering Department. A comparison of the 2016 updated FIRM and the current effective FIRM from 2004 can be seen in the Changes Since Last FIRM (CSLF) maps available on the City’s website at http://edinamn.gov/index.php?section=engineering_flood_resources Comments and Appeals to the Map Revision A 90-day review period was issued for preliminary revised maps in spring of 2013. City staff shared the preliminary maps via letters to more than 800 property owners affected by the proposed changes. Based on resident feedback, three main areas of concern were identified (Nine Mile Village, Morningside, and Rolling Green). In early June 2013, City Council authorized the Engineering Department to consult with Barr Engineering to study the proposed changes. In instances where the preliminary flood hazard determinations were shown to be scientifically or technically incorrect, an appeal was warranted. Residents Page 2 City of Edina • 4801 W. 50th St. • Edina, MN 55424 were invited to a public meeting to hear about Barr’s findings and ask questions. In July 2013, appeals were submitted to FEMA. Nine Mile Village The preliminary maps included a large area near Bredesen Park that had not previously been in the floodplain. Barr determined that this was due to incorrectly placed flood elevations and imprecise topographical data in the ditch along Highway 62. Survey data showed that backwater from Nine Mile Creek would not flow into Nine Mile Village in the modeled 100-year flood event, as the preliminary model had suggested. The appeal was successful and resulted in removal of the large area which prevented FEMA from erroneously placing many parcels within the floodplain. Morningside The preliminary maps showed a designated FEMA A zone (approximate 100-year floodplain where specific flood elevations are not shown on the FEMA maps) overlay in the Morningside neighborhood based on data from 1978. Barr used more accurate hydrologic and hydraulic models to show that the preliminary data was insufficient and out-of-date. FEMA indicated that the request did not qualify as an appeal because it was not a newly mapped area; it had been carried forward from previous maps going back as far as 1982. Instead, a Letter of Map Revision (LOMR) was submitted to incorporate the data into the new maps. Rolling Green The preliminary map reflected flood elevations that were too high due to a modeling error. The appeal pointed out mathematical errors as a result of using an older version of the modeling software. Using a newer software version meant better quality data and lower flood elevations in some areas. Since the Minnehaha Creek model required updates along the entire corridor, from Lake Minnetonka to the Mississippi River, the City of Edina submitted an appeal, but maintained that FEMA and the MN DNR be responsible for revising the model and remapping the floodplain. The appeal was successful and resulted in an improved model for Minnehaha Creek with much lower overall error. Summary of Map Actions (SOMAs) for Letter of Map Changes (LOMCs) There are instances where parcels intersect with the flood hazard area on the 2-D map, but the structure is clearly elevated above the Base Flood Elevation (BFE). In these instances, property owners can submit a letter of map change (LOMC) with proper elevation data attached. With the 2016 maps, there were 42 properties that had previously submitted a LOMC and are still above the updated BFE. FEMA will automatically revalidate these LOMCs, free of charge. There were 2 instances where the LOMCs were superseded and will no longer be in effect when the revised FIRM becomes effective due to revised hydrologic and hydraulic analyses, or the structures being below the updated BFE. Other Flood Risk Considerations The Minneapolis Park and Recreation Board (MPRB) with support from the Minnehaha Creek Watershed District is working on a flood improvement project at Meadowbrook Golf Course which may have an impact on flood risk in the Rolling Green neighborhood. The City of Edina is a stakeholder and MPRB is leading the project. Page 3 City of Edina • 4801 W. 50th St. • Edina, MN 55424 The Comprehensive Water Resource Management Plan (CWRMP) provides guidance on flood protection and water quality improvement projects in the City. Where the FEMA FIRM provides flood hazard information on a regional scale, the CWRMP is a tool for managing local flood risk. The CWRMP is due for an update in 2017 (tentative completion date) and will include an extensive update to the hydrologic and hydraulic modeling with updated infrastructure, topography, and precipitation data. In 2013, NOAA’s National Weather Service (NWS) published new precipitation frequency estimates (“Atlas 14”) for the state of Minnesota and other Midwestern states. The Atlas 14 precipitation frequency estimates, which are the estimated rainfall depths for various rainfall durations and exceedance probabilities, replace the precipitation estimates published in Technical Paper No. 40 Rainfall Frequency Atlas of the United States (“TP 40”). The Atlas 14 rainfall frequency estimates indicate a significant increase in the depth of the 50-year and 100-year frequency rainfall events (i.e., rainfall events with exceedance probabilities of 2% and 1%, respectively) across Minnesota and neighboring states, as compared with the TP 40 estimates used previously. For the Minneapolis/St. Paul area, the increases in 24-hour duration precipitation depths over TP 40 are as high 25%. The CWRMP will incorporate the Atlas 14 data. The FEMA maps are based on models which used TP 40 precipitation data. Additionally, the FEMA maps did not incorporate state topographical (LiDAR) data which became available in 2011 because the flood modeling for Hennepin County was completed prior to 2011. Ordinance Revision The city must adopt a conforming ordinance by November 4, 2016 in order to continue participating in the NFIP. The MN Department of Natural Resources (DNR) is the state floodplain regulatory agency and has provided a model ordinance for the City to modify and adopt. The model ordinance has changed significantly since the last time this process was undertaken. Some of the updates to the model ordinance are required by FEMA, some are clarifications or corrections to ensure state and federal laws are being followed, and some are optional recommended language for the City to consider. City staff is drafting a community-specific ordinance based on the model which will be submitted to the DNR for review in early August. ORDINANCE NO. 2016-14 AN ORDINANCE AMENDING CHAPTER 36 REGARDING FLOODPLAIN REGULATIONS The CITY COUNCIL OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: CONTENTS DIVISION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1 DIVISION 2.0 GENERAL PROVISIONS 2 DIVISION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 5 DIVISION 4.0 FLOODWAY DISTRICT (FW) 6 DIVISION 5.0 FLOOD FRINGE DISTRICT (FF) 8 DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 10 DIVISION 7.0 LAND DEVELOPMENT STANDARDS 101 DIVISION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 12 DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 12 DIVISION 10.0 ADMINISTRATION 12 DIVISION 11.0 NONCONFORMITIES 16 DIVISION 12.0 PENALTIES AND ENFORCEMENT 16 DIVISION 13.0 AMENDMENTS 17 ARTICLE X. FLOODPLAIN DISTRICTS DIVISION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of the City of Edina. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve Ordinance No. 2016-14 Page 2 water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. DIVISION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Edina and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Edina shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the Engineering Department. Effective Flood Insurance Rate Map panels: 27053C0342F 27053C0344F 27053C0361F 27053C0362F 27053C0363F 27053C0364F 27053C0432F 27053C0451F 27053C0452F 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. Ordinance No. 2016-14 Page 3 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Edina or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure – as defined in section 36-10. 2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. 2.913 Basement – any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use – as defined in section 36-10. 2.915 Critical Facilities – facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 2.916 Development – any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.917 Equal Degree of Encroachment – a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.919 Flood – a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.920 Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Ordinance No. 2016-14 Page 4 2.921 Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. 2.922 Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 2.923 Flood Prone Area – any land susceptible to being inundated by water from any source (see “Flood”). 2.924 Floodplain – the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.925 Floodproofing – a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.926 Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.927 Lowest Floor – the lowest floor of the lowest enclosed area (including basement). 2.928 Manufactured Home – a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” 2.929 New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. 2.930 Obstruction – any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.931 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see definition). 2.932 Principal Use or Structure – as defined in section 36-10. 2.933 Reach – a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.934 Recreational Vehicle – a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” 2.935 Regional Flood – a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an Ordinance No. 2016-14 Page 5 average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.936 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.937 Special Flood Hazard Area – a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 2.938 Start of Construction – includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.21 of this ordinance and other similar items. 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. DIVISION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3. For Ordinance No. 2016-14 Page 6 lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District includes riverine areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. DIVISION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set Ordinance No. 2016-14 Page 7 forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.11 – 4.13 above. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that: (a) structures are not intended for human habitation; (b) structures will have a low flood damage potential; (c) structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the Ordinance No. 2016-14 Page 8 structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. DIVISION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. Ordinance No. 2016-14 Page 9 5.25 All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 5.26 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.29 Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.30 Manufactured homes and recreational vehicles must meet the standards of division 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Ordinance No. 2016-14 Page 10 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Council. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Ordinance No. 2016-14 Page 11 Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. DIVISION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Edina. 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction (including the placement of manufactured homes) must be: (a)Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; Ordinance No. 2016-14 Page 12 (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (e) Approved by the City Engineer. DIVISION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code, industry standards, or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Temporary storage of recreational vehicles in the floodplain must meet the exemption criteria below. 9.21 Criteria for exempt recreational vehicles (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities. DIVISION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City of Edina must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: Ordinance No. 2016-14 Page 13 (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of “development” as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the information required in Sec. 36-129. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: Ordinance No. 2016-14 Page 14 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Sections 36-95 through 36-104 of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; Ordinance No. 2016-14 Page 15 (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Recordkeeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) 36-301 – 36-310 of the zoning ordinance/code. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Ordinance No. 2016-14 Page 16 DIVISION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11 – 11.15 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.17 below. 11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. DIVISION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Edina from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 36-369 through 36-371 of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Edina must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Ordinance No. 2016-14 Page 17 DIVISION 13.0 AMENDMENTS 13.1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. First Reading: October 18, 2016 Second Reading: Waived Published: October 27, 2016 Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: October 27, 2016 Send two affidavits of publication Bill to Edina City Clerk Minnesota Sample Floodplain Ordinance Three District Ordinance This sample ordinance includes the three primary types of floodplain districts: Floodway, Flood Fringe, and General Floodplain. It can be used in a variety of situations, where all three districts or only some of them are present. Contents SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 2 SECTION 2.0 GENERAL PROVISIONS 2 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 6 SECTION 4.0 FLOODWAY DISTRICT (FW) 6 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 8 SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 1110 SECTION 7.0 LAND DEVELOPMENT STANDARDS 11 SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 12 SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 1312 SECTION 10.0 ADMINISTRATION 13 SECTION 11.0 NONCONFORMITIES 16 SECTION 12.0 PENALTIES AND ENFORCEMENT 17 SECTION 13.0 AMENDMENTS 1817 Article X. FLOODPLAIN DISTRICTS SECTION DIVISION 11.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 36-749 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the (Governing Body)council of Edina, Minnesota, does ordain as follows. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of the City of Edina. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. SECTION DIVISION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Edina and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Edina shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the Engineering Department (list location where maps will be filed – i.e., City Clerk’s office). Effective Flood Insurance Rate Map panels: 27053C0342F 27053C0344F 27053C0361F 27053C0362F 27053C0363F 27053C0364F 27053C0432F 27053C0451F Comment [CoE1]: Rtb; 36-791,36-1189 reserved for this section, suggest we ask legal to renumber sections and match formatting once we are done editing. 27053C0452F 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the (Planning Commission/Board of Adjustment) and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Edina or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure – a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. 2.913 Basement – any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use – a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 Critical Facilities – facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Comment [Jess2]: Change from one foot to two feet to conform to WD rules and Engineering Standards. Comment [CoE3]: Conditional use defined in 36-10. 2.916 Development – any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.917 Equal Degree of Encroachment – a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.918 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.919 Flood – a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.920 Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.921 Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. 2.922 Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 2.923 Flood Prone Area – any land susceptible to being inundated by water from any source (see “Flood”). 2.924 Floodplain – the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.925 Floodproofing – a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.926 Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.927 Lowest Floor – the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 2.928 Manufactured Home – a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” 2.929 New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. 2.930 Obstruction – any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.931 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see definition). 2.931 Principal Use or Structure – all uses or structures that are not accessory uses or structures. Comment [MB4]: Sorry, this definition should have been included in the model originally sent. Mandatory definition. Comment [CoE5]: Question for DNR – “Could we remove the ‘storage’ exclusion? We’ve had owners want to build a sport court below their basement and call it a storage space.” Comment [MB6]: 2.927 Lowest Floor – the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of 44 Code of Federal Regulations, Part 60.3 Since the city is not allowing the alternative elevation methods (5.34 & 5.46 of the sample ordinance), that sentence is not applicable and will just confuse folks. The questions about using the space as a sports court in addition to storage and parking is also not applicable. That part of the lowest floor definition was to explain that only those limited uses were allowed if the space was being wet floodproofed in accordance with the 5.46 standards. A basement with storage or a sports court would still be required to be elevated to the RFPE. Comment [CoE7]: This is a mandatory definition. - JVW Comment [Jess8]: Principal use defined in 36-10. 2.932 Reach – a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.933 Recreational Vehicle – a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” 2.934 Regional Flood – a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than two feet one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.936 Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 2.937 Special Flood Hazard Area – a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 2.938 Start of Construction – includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Comment [CoE9]: This is a mandatory definition. - JVW Comment [Jess10]: Change from one foot to two feet to conform to WD rules and Engineering Standards. Comment [CoE11]: This is a mandatory definition. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. 2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the City of Edina at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Edina after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City of Edina after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District includes those riverine areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. Comment [MB12]: I added a couple of small changes to 3.1 for clarity. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 the use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.11 – 4.13 above and the uses listed in 4.32 - 4.33 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.918, are permitted uses. 4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3. 4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the (Governing Body)council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that: (a) structures are not intended for human habitation; (b) structures will have a low flood damage potential; (c) structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation Comment [CoE13]: Question for DNR – “Is this last sentence mandatory? Generally we promote grading away from structures at a 10:1 slope for 10 feet.” Comment [MB14]: Yes, it is mandatory per MN Rule 6120.5800, Subp. 4(B). Please revise accordingly. (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.23 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.25 All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 5.26 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28 All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the (Governing Body). 5.29 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.30 Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.31 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.34 (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 5.46. Comment [Jess15]: Already captured in grading permit. Comment [CoE16]: None of these existing in Edina. Comment [MB17]: I would suggest leaving this in. See my note for 9.22 Comment [Jess18]: This is in the current ordinance. City team – are you ok with removing this? The annotated model ordinance says, “5.34. The DNR refers to these as “alternative elevation methods”, meaning it is an alternative to fill. This is designated optional because they are burdensome to administer – typically requiring nonconversion agreements and detailed monitoring and inspections. See 5.46.” 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Council(Governing Body). (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 5.46 (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Edina. 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. Comment [CoE19]: Do we have this zone? Yes, we have zone A in the morningside area. Comment [CoE20]: None of these existing in Edina. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the (Governing Body)council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.; and (e) Approved by the City Engineer. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code, industry standards, or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 5 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 9.22: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium-type associations. 9.22 Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 9.22. (f) An accessory structure must constitute a minimal investment 9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. SECTION 10.0 ADMINISTRATION Comment [CoE21]: Section 9.1 is mandatory. Comment [MB22]: This language should be reinserted into this section somehow. It is required, and should be there to accommodate temporary storage of RV’s on a lot. 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the (Governing Body) must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance.. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of “development” as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the information required in Sec. 36-129 following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as Comment [Jess23]: Kris to provide cross- references for 10.2. If they exist in other parts of the zoning ordinance they may be cross- referenced rather than repeated here. Must be able to demonstrate that these procedures or comparable ones are in place adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Sections(s) _36-95 – 36-104 _ of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; Comment [CoE24]: Required. (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The zoning administrator (designated body/community official) must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) 36-301 – 36-310 of the zoning ordinance/code. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications, the (Governing Body) City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The (Governing Body City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The (designated body/community official Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES Comment [Jess25]: Question for DNR – “Can a house with a low floor below the BFE be torn down and rebuilt as long as it uses the existing foundation?” Question for DNR – “Would it constitute as a taking if we didn’t allow a house to be rebuilt on an existing foundation that is below the BFE?” Comment [MB26]: Any nonconformity would have to be rebuilt in conformance. I don’t see much of a reason why they wouldn’t want to elevate if given the chance… would mean lower/no premiums and better protection. It would not be a taking. 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11 – 11.16 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Edina from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 36-369 through 36-371_ of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and (Governing Body)council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Edina must act in good faith to enforce these official controls Comment [Jess27]: Based on input from 4/27/16 meeting with Engineering, Planning, and Assessing. and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. SECTION 13.0 AMENDMENTS 13.1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the ________________ City Council City of Edina This _____ of _______, _____ (Day) (Month) (Year) Attest: _________________________ , Mayor (Name of Elected Official) Attest: __________________________, City Clerk (Name of Community Official) Stamp with Community Seal: Minnesota Sample Floodplain Ordinance Three District Ordinance This sample ordinance includes the three primary types of floodplain districts: Floodway, Flood Fringe, and General Floodplain. It can be used in a variety of situations, where all three districts or only some of them are present. Contents SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE ....................................................... 2 SECTION 2.0 GENERAL PROVISIONS ........................................................................................................................... 2 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS ............................................................................................... 7 SECTION 4.0 FLOODWAY DISTRICT (FW) .................................................................................................................... 7 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) ................................................................................................................ 9 SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) ................................................................................................. 12 SECTION 7.0 LAND DEVELOPMENT STANDARDS ..................................................................................................... 13 SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES ........................................................................ 14 SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. ........... 14 SECTION 10.0 ADMINISTRATION .............................................................................................................................. 15 SECTION 11.0 NONCONFORMITIES ........................................................................................................................... 19 SECTION 12.0 PENALTIES AND ENFORCEMENT ........................................................................................................ 20 SECTION 13.0 AMENDMENTS ................................................................................................................................... 20 Ordinance Language Commentary SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter [394/462] delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the (City Council/ Board of Commissioners) of (community), Minnesota, does ordain as follows. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of (community). These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to (community) and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of (Community) shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for ______________ County, Minnesota, and Incorporated Areas, dated _____________ and the Flood Insurance Rate Map panels enumerated below, dated _______________, 1.1. is mandatory language. The zoning enabling statute reference is Chapter 394 for counties and Chapter 462 for cities and townships. “Governing body” is the City Council or County or Township Board. 1.21 7 1.22 is mandatory language 1.23 is optional language referencing the natural beneficial functions of floodplains. The types of floodplain zones present in a community will vary, depending on hydrologic conditions and the level of detail of the applicable maps. If the General Floodplain District (the A zone or other zones without a defined floodway) is not present within the community, references to it, including the provisions of Section 6, may be deleted but Section 6 should be “reserved for future use” (i.e., in case a future annexation adds an A zone). 2.21 is optional – if the community has a zoning ordinance – as most do – it’s helpful to define these districts as overlay districts. If not, then delete this statement and other overlay references. 2.3 is mandatory language. Each community must adopt the Flood Insurance Study and specific map panels that encompass its boundaries. Under Minnesota Rules 6120.5700, these all prepared by the Federal Emergency Management Agency. These materials are on file in the (list location where maps will be filed – i.e., City Clerk’s office). (list all map panels here) 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the (Planning Commission/Board of Adjustment) and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages.This ordinance does not create liability on the part of (community) or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. materials are considered attachments to the Zoning Map. Listing of maps will vary by jurisdiction and map type. • For communities with older maps, such as Flood Hazard Boundary Maps, in addition to Flood Insurance Rate Maps, these maps should also be listed in Section 2.3. • For counties, the map index may be used in lieu of listing all the map panels individually. Cities may need to adopt other map panels to encompass areas that may be annexed in the future. Counties and townships may need to adopt city map panels to encompass areas that may be detached from cities. See Section 2.10 & 2.11 Communities may also adopt preliminary flood studies and/or other best available data for regulatory purposes. 2.4 is optional - Reiterates information in the (mandatory) definition of this term in Section 2.9. The RFPE can be increased beyond one foot to provide enhanced flood protection. (In A-O zones, add more detailed language: “Within the AO Zone, the RFPE is an elevation no lower than [the number shown on the FIRM] above the highest adjacent grade of an existing structure or proposed structure or a proposed structural addition.”) 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure – a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. 2.913 Basement – any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use – a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 Critical Facilities – facilities necessary to a community’s public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 2.916 Development – any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.917 Equal Degree of Encroachment – a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.918 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.919 Flood – a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.920 Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.921 Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for (community), Minnesota. 2.922 Flood Prone Area – any land susceptible to being inundated by water from any source (see “Flood”). 2.8 This statement not needed if already included in zoning ordinance These definitions may already exist as part of zoning ordinance, but check for consistency. Definitions are mandatory unless otherwise indicated. 2.912 is an optional definition 2.914 is an optional definition – check against zoning ordinance. Some local ordinances – and the state rules that apply to floodplains – use the older term “special use.” 2.915 is an optional definition – see the (optional) regulation of critical facilities in Section 3.2. 2.918 is an optional definition – to be used if this type of farm fence is to be exempted from permit requirements 2.919. Optional definition 2.920. Optional definition 2.921. For cities mapped as part of county-wide flood insurance study, the county name should be inserted here. 2.922 is an optional definition – see provisions of Section 7 on flood prone areas 2.923 Floodplain – the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.924 Floodproofing – a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.925 Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.926 Lowest Floor – the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. 2.927 Manufactured Home – a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” 2.928 New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. 2.929 Obstruction – any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.930 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see definition). 2.931 Principal Use or Structure – all uses or structures that are not accessory uses or structures. 2.932 Reach – a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.933 Recreational Vehicle – a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” 2.934 Regional Flood – a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood 2.929. Optional definition 2.931. Optional definition 2.932. Optional definition 2.935. The one-foot elevation is mandated by state law, but a higher elevation can yield increased protection. elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.936 Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. 2.937 Special Flood Hazard Area – a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 2.938 Start of Construction – includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. 2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the (community) at the time of adoption of this ordinance. If any of these floodplain land 2.936. This is an optional definition linked to the optional provision for repetitive loss properties in Section 11.16. 2.941(b). “Historic structures” as defined in the CFR generally include sites listed on or eligible for the National Register of Historic Places and state- or locally-designated historic properties. 2.10 applies to cities only. It is optional but recommended – if not included, any areas are annexed into the (community) after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of (community) after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas within Zones AE/AO/AH (that have a floodway delineated) as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE/AO/AH (that have a floodway delineated) on the Flood Insurance Rate Map adopted in Section 2.3, but located outside of the floodway. 3.13 General Floodplain District. The General Floodplain District includes those areas within (Zone A or Zones AE/AO/AH) as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: annexation will trigger an amendment of the floodplain ordinance. Section 2.11 applies only to counties or townships that exercise zoning authority. Counties may choose to adopt specific map panels or adopt the countywide map index. 3.11. For lakes, ponds and wetlands, the floodway is usually administratively defined as the area at or below the Ordinary High Water Level. 3.12 & 3.13. If a community has floodplain delineations on the FIRM for lakes, ponds and wetland without delineated floodways, contact DNR Floodplain Program staff for specific language. Zones AO and AH are areas prone to flooding due to overland flow or small ponds, and are not typically found on most FIRMs. If not present, references in 3.12 and 3.13 can be deleted. 3.2. The last sentence is optional, but recommended language that would prohibit critical facilities in all floodplain districts. This is a higher regulatory standard intended to keep critical infrastructure and concentrations of people out of floodplain areas. 4.0. It is critical that the floodway be protected so that it can transport and store the waters of the regional (100-year) flood without increased flood heights or velocities or threats to public health and safety. Note that communities are not required to adopt all of the listed uses, but must provide for some use of the floodway land. Other similar uses may be included in this section if they meet the standards in Section 4.2. If a community wishes to restrict all floodplain districts to only these permitted floodway uses, that could be carried out through the DNR’s model “Restrictive Ordinance.” 4.15. Earlier versions of the DNR sample ordinances listed utility and transportation uses as conditional uses. In this version, these uses are permitted if DNR is notified and certain standards are met 4.21 The use must have a low flood damage potential. 4.22 the use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.11 – 4.13 above and the uses listed in 4.32 - 4.33 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.918, are permitted uses. 4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3. 4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the (Governing Body) has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that: 4.2. Higher standards for floodway protection could include limiting impervious coverage in the floodway, in order to facilitate infiltration of rainfall. 4.3. Note that these conditional uses are optional for the community but, if allowed, must meet the standards in Sections 4.4. Communities are encouraged to select only those conditional uses that are appropriate for their community. 4.35. Optional statement in 4.35 allows typical farm fences such as barbed wire fences that don’t obstruct flood flows as permitted uses. See also Section 10.21(c). 4.36 is optional. We recommend treating recreational vehicles as a conditional use so that road access and warning systems are carefully reviewed to ensure public safety in times of flooding. 4.4. Note that flood control projects intended to remove areas from the floodway to allow development of single or multiple structures are not permitted unless a Letter of Map Revision (LOMR) can be obtained to change the floodway boundary. Contact DNR Floodplain Program staff for further information. 4.42(a) and (b) must be included if deposition or storage of fill is allowed in the floodway 4.42(c) is an optional alternative allowing temporary storage of fill or other materials that could increase flood stage, suitable for locations where adequate flood warning times will be available to allow removal of materials. (a) structures are not intended for human habitation; (b) structures will have a low flood damage potential; (c) structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 4.43. If accessory structures are to be allowed in the floodway, items (a) through (d) are required. 4.43(e) is optional language allowing for wet floodproofing of small accessory structures that constitute a minimal investment. 4.44 is an optional provision providing notice that work in public waters requires a DNR permit. 5.1. If underlying zoning district(s) are present (as in most communities) the second sentence can be deleted. 5.21. “Lowest floor” is defined as the lowest floor of the lowest enclosed area, including basements, crawl spaces, etc. See Section 2.926. 5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii)must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.23 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.25 All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 5.26 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28 All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the (Governing Body). 5.29 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.30 Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In 5.22(a). A special note that the bulk standards here slightly exceed those allowed through 6120.330(Subp 3)(H) of the Shoreland Rules. 5.22(b). If an accessory structure exceeds 576 square feet, then FEMA will not allow internal floodproofing, and the structure must be elevated on fill in accordance to 5.21 or dry floodproofed in accordance with 5.43. 5.23 is an optional provision. Treating large volumes of fill as a conditional use allows communities to require an erosion control and emergency removal plan for uses such as sand and gravel mining or dredge spoil storage. 5.28 is optional, but is mandatory for subdivisions, including manufactured home parks and recreational vehicle parks/campgrounds. See also Section 7.13. considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.31 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.34 (OPTIONAL) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 5.46. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the (Governing Body). (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.3. As with conditional uses in the floodway, conditional uses in the flood fringe are optional – communities should determine which of these uses are needed and appropriate in their floodplain areas. 5.34. The DNR refers to these as “alternative elevation methods”, meaning it is an alternative to fill. This is designated optional because they are burdensome to administer – typically requiring nonconversion agreements and detailed monitoring and inspections. See 5.46. 5.44. Optional provisions to be used if placement of this amount of fill is regulated as a conditional use. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 5.46 (OPTIONAL) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall 5.46. Standard tied to the optional 5.34. The DNR refers to these as “alternative elevation methods”, meaning it is an alternative to fill. This is designated optional because they are burdensome to administer – typically requiring nonconversion agreements and detailed monitoring and inspections. 6.1. If the General Floodplain District (the A zone, or the AE, AO or AH zones without a defined floodway) is not present within the community, delete the contents of this section and retitle it “Reserved for Future Use” (i.e., in case a future annexation or map update would add an A zone). 6.2. State and federal rules establish standards for this determination but do not specify a procedure to be followed. (However, the community is required under 44 CFR 60.3(b)(4) to “obtain, review and reasonably utilize” base flood elevation and floodway data.) The procedure shown here is one that DNR suggests that communities follow. DNR Floodplain Program staff can assist communities in obtaining relevant data and completing the determination. within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within (community). 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the (Governing Body). The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 6.24. Federal rules require that communities assess the cumulative effects of floodway encroachments on both sides of a stream. Contact Floodplain Program staff for assistance in making this assessment. 7.1 is optional – this and related provisions in 7.25 and 7.3 are designed to enable communities to manage flood risks in unmapped but flood-prone areas (i.e., wetlands, ditches, isolated basins). If these standards are not needed, Section 7 can be retitled “Subdivisions.” 7.21 – 7.24 is mandatory. These provisions can be integrated into a city or county subdivision ordinance, where one exists. Note that manufactured home and recreational vehicle parks are treated as subdivisions. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 7.25 is optional, to be used in conjunction with 7.1. 7.3 is optional, to be used in conjunction with 7.1. 8.3. MPCA oversees the Rules regulating septic systems (7080.2270) and wells (4725.4350), which regulate location and design in relation to floodplains. 9.1. This subsection is mandatory; the remainder of Section 9.0 is optional but recommended if manufactured home parks are located in any floodplain districts. 9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 5 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 9.22: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium-type associations. 9.22 Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood- resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 9.22. (f) An accessory structure must constitute a minimal investment 9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. SECTION 10.0 ADMINISTRATION 9.2 has recently been revised to recognize MN Department of Health rules (Section 4630.0200), which prohibit mobile home parks and recreational camping areas in flood-prone areas. Placement or replacement of manufactured home units may be allowed in existing manufactured home parks or on lots of record. 9.21 – 9.23. These exemption criteria are required if recreational vehicles are allowed within any floodplain district. If this section is not used, recreational vehicle placement must be explicitly prohibited in floodplain districts. 9.22(e) is optional. Recreational vehicles in existing campgrounds may be allowed within the Floodway District, if defined as a permitted or conditional use, but we recommend they be treated as a temporary use, without accessory structures and with an emergency plan in place. 9.22 (f) and 9.23 are optional. Communities may apply a monetary limit such as $500 as a threshold for a “minimal investment,” recognizing that this threshold will vary from place to place. 10.0. Many of the standards and procedures in this section are likely to exist in other parts of the community’s zoning 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the (Governing Body) must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of “development” as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning ordinance, and may be cross-referenced rather than repeated here. However, the community must be able to demonstrate that these procedures or comparable ones are in place. The term “Zoning Administrator” is used throughout this section for ease of reference, but in some communities the City Clerk or other official may fill this role. 10.21(c). The exemption for farm fences in (c) is optional. 10.21(g). Any change in the course, current or cross-section of public waters requires a public waters work permit from the DNR under MN Stat. 103G.245. 10.22. This section may cross-reference any other permitting requirements in the zoning ordinance. Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section(s) _________________ of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; 10.31 should cross-reference all sections of the zoning ordinance that regulate processing and review of variance applications. 10.3 only contains DNR/FEMA – mandated regulatory & notification provisions. Communities that administer zoning ordinances (including floodplain ordinances) must establish a board of adjustment to hear appeals and variance requests. In many communities, the city council, county board, or planning commission serves as the board of adjustment. If a community does not have existing variance procedures or a board of adjustment, contact Floodplain Program staff for sample ordinance language. 10.33 (a-c) is language required by FEMA and must be adopted verbatim. Note specifically that the reference to “exceptional hardship” in (b)(ii) must remain in the ordinance, even though it has been replaced by the term “practical difficulties” in state zoning enabling statutes. 10.34 is required by FEMA. Section 10.35 is optional but recommended as guidance for communities in reviewing variance applications. The same factors are recommended for review of conditional use applications, below. (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) ______________ of the zoning ordinance/code. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications, the (Governing Body) must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. The (Governing Body) may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. 10.41 should cross-reference any conditional use procedures in the zoning ordinance, if these exist. If not, contact Floodplain Program staff for administrative language. Section 10.42 is optional but recommended as guidance for decisions on conditional uses (and variances, as noted above). 10.43 is also optional; conditions are intended to be specific to the particular site and proposed use. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11 – 11.16 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new 11.11. Buildings and structures within the Floodway District may not be enlarged or expanded. In some cases, a floodway area can be filled without causing any rise in flood stage. In such cases, a Letter of Map Revision may be obtained that changes the floodway boundary, placing the area in the Flood Fringe. Contact Floodplain Program staff for details. 11.13. The language presented is recommended, in order to gradually eliminate nonconformities over time. Federal standards require that substantial improvement, is tracked over a one-year period. Section 11.14 reflects an optional provision in statute (462.357(Subd 1e)(1) and 394.36) – local government may impose reasonable conditions on the nonconforming use or structure. Many communities have adopted similar provisions in their zoning ordinances. Section 11.15 is specific to floodplain uses in state and federal statute, as distinct from structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the (community) from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s)_________________of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and (Governing Body) may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the- fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The (community) must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. SECTION 13.0 AMENDMENTS 13.1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. the standard provisions for nonconformities in the Chapters 394 and 462. Section 11.16 is optional but recommended, in order to gradually eliminate nonconformities that are frequently damaged but not to the “50%” level. 11.17 is a mandatory federal requirement. As defined, “substantial improvement” is monitored over a one-year period. 12.3. Cross-reference any sections of the zoning ordinance that deal with enforcement procedures. If such provisions don’t exist, contact Floodplain Program staff for sample language. Adopted by the ________________ Board/City Council (Community Name) This _____ of _______, _____ (Day) (Month) (Year) Attest: _________________________ , County Board Chairperson/Mayor (Name of Elected Official) Attest: __________________________, County Administrator/City Clerk (Name of Community Official) Stamp With Community Seal: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA SEP 2 2 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable James Hovland Mayor, City of Edina Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 Dear Mayor Hovland: I am writing this letter as an official reminder that the City of Edina, Minnesota, has until November 4, 2016, to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations. The City of Edina must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed) by November 4, 2016, to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners seeking any Federal financial assistance for construction or acquisition of buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. In addition, all loans individuals obtain from Federally regulated, supervised, or insured lending institutions that are secured by improved real estate located in SFHAs are also contingent upon the borrower obtaining flood insurance coverage on the building. However, purchasing and maintaining flood insurance coverage on a voluntary basis is frequently recommended for properties located outside SFHAs. Your NFIP State Coordinator and FEMA would like to assist the City of Edina to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if the City of Edina is encountering difficulties in enacting its measures. www.fema.gov The Honorable James Hovland SEP 2 2 2016 Page 2 I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the Minnesota Department of Natural Resources, Division of Water. Ceil Strauss, CFM, the NHP State Coordinator, is accessible by telephone at (651) 259-5713, in writing at 500 Lafayette Road, Saint Paul, Minnesota 55155-4032, or by electronic mail at ceil. s traus s @ state.mn.us. The FEMA Regional staff in Chicago, Illinois, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (312) 408-5500 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region V, at 536 South Clark Street, Sixth Floor, Chicago, Illinois 60605. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, Rachel Sears, Director Floodplain Management Division Mitigation Directorate I FEMA Enclosure cc: Andrew Velasquez, III, Regional Administrator, FEMA Region V Ceil Strauss, CFM, NFIP State Coordinator, Minnesota Department of Natural Resources Scott Neal, City Manager, City of Edina Federal Emergency Management Agency, DHS § 59.24 Suspension of community eligibility. (a) A community eligible for the sale of flood insurance shall be subject to suspension from the Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of paragraphs (b), (c), (d), (e) or (f) of § 60.3 or paragraph (b) of §§ 60.4 or 60.5, within six months from the date the Federal Insurance Administrator provides the data upon which the flood plain regulations for the applicable paragraph shall be based. Where there has not been any submission by the community, the Federal Insurance Administrator shall notify the community that 90 days remain in the six month period in order to submit adequate flood plain management regulations. Where there has been an inadequate submission, the Federal insurance Administrator shall notify the community of the specific deficiencies in its submitted flood plain management regulations and inform the community of the amount of time remaining within the six month period. If, subsequently, copies of adequate flood plain management regulations are not received by the Administrator, no later than 30 days before the expiration of the original six month period the Federal Insurance Administrator shall provide written notice to the community and to the state and assure publication in the FEDERAL REGISTER under part 64 of this subchapter of the community's loss of eligibility for the sale of flood insurance, such suspension to become effective upon the expiration of the six month period. Should the community remedy the defect and the Federal Insurance Administrator receive copies of adequate flood plain management regulations within the notice period, the suspension notice shall be rescinded by the Federal Insurance Administrator. If the Federal Insurance Administrator receives notice from the State that it has enacted adequate flood plain management regulations for the community within the notice period, the suspension notice shall be rescinded by the Federal Insurance Administrator. The community's eligibility shall remain terminated after suspension until copies of adequate flood plain management regulations have been received and approved by the Federal Insurance Administrator. (b) A community eligible for the sale of flood insurance which fails to adequately enforce flood plain management regulations meeting the minimum requirements set forth in §§ 60.3, 60.4 and/or 60.5 shall be subject to probation. Probation shall represent formal notification to the community that the Federal Insurance Administrator regards the community's flood plain management program as not compliant with NFIP criteria. Prior to imposing probation, the Federal Insurance Administrator (1) shall inform the community upon 90 days prior written notice of the impending probation and of the specific program deficiencies and violations relative to the failure to enforce, (2) shall, at least 60 days before probation is to begin, issue a press release to local media explaining the reasons for and the effects of probation, and (3) shall, at least 90 days before probation is to begin, advise all policyholders in the community of the impending probation and the additional premium that will be charged, as provided in this paragraph, on policies sold or renewed during the period of probation. During this 90-day period the community shall have the opportunity to avoid probation by demonstrating compliance with Program requirements, or by correcting Program deficiencies and remedying all violations to the maximum extent possible. If, at the end of the 90-day period, the Federal Insurance Administrator determines that the community has failed to do so, the probation shall go into effect. Probation may be continued for up to one year after the community corrects all Program deficiencies and remedies all violations to the maximum extent possible. Flood insurance may be sold or renewed in the community while it is on probation. Where a policy covers property located in a community placed on probation on or after October 1, 1986, but prior to October 1, 1992, an additional premium of $25.00 shall be charged on each such policy newly issued or renewed during the one-year period beginning on the date the community is placed on probation and during any successive one-year periods that begin prior to October 1, 1992. Where a community's probation begins on or after October 1, 1992, the additional premium described in the preceding sentence shall be $50.00, which shall also be charged during any successive one-year periods during which the community remains on probation for any part thereof. This $50.00 additional premium shall further be charged during any successive one-year periods that begin on or after October 1, 1992, where the preceding one-year probation period began prior to October 1, 1992. (c) A community eligible for the sale of flood insurance which fails to adequately enforce its flood plain management regulations meeting the minimum requirements set forth in §§ 60.3, 60.4 and/or 60.5 Federal Emergency Management Agency, DHS § 60.3 Flood plain management criteria for flood-prone areas. The Federal Insurance Administrator will provide the data upon which flood plain management regulations shall be based. If the Federal Insurance Administrator has not provided sufficient data to furnish a basis for these regulations in a particular community, the community shall obtain, review and reasonably utilize data available from other Federal, State or other sources pending receipt of data from the Federal Insurance Administrator. However, when special flood hazard area designations and water surface elevations have been furnished by the Federal Insurance Administrator, they shall apply. The symbols defining such special flood hazard designations are set forth in § 64.3 of this subchapter. In all cases the minimum requirements governing the adequacy of the flood plain management regulations for flood-prone areas adopted by a particular community depend on the amount of technical data formally provided to the community by the Federal Insurance Administrator. Minimum standards for communities are as follows: (a) When the Federal Insurance Administrator has not defined the special flood hazard areas within a community, has not provided water surface elevation data, and has not provided sufficient data to identify the floodway or coastal high hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the Program, the community shall: (1) Require permits for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas; (2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (4) Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that (I) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided to reduce exposure to flood hazards; (5) Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and (6) Require within flood-prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii) onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. Federal Emergency Management Agency, DHS (2) Require that all new construction and substantial improvements of residential structures within Zones Al-30, AE and AH zones on the community's FIRM have the lowest floor (including basement) elevated to or above the base flood level, unless the community is granted an exception by the Federal Insurance Administrator for the allowance of basements in accordance with § 60.6 (b) or (c); (3) Require that all new construction and substantial improvements of non-residential structures within Zones Al-30, AE and AH zones on the community's firm (i) have the lowest floor (including basement) elevated to or above the base flood level or, (ii) together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (4) Provide that where a non-residential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph (c)(3)(ii) or (c)(8)(ii) of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community under § 59.22(a)(9)(iii); (5) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (6) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. (7) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); (8) Require within any AO zone on the community's FIRM that all new construction and substantial improvements of nonresidential structures (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Federal Emergency Management Agency, DHS (2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood, without increasing the water surface elevation of that flood more than one foot at any point; (3) Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge; (4) Notwithstanding any other provisions of § 60.3, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of § 65.12, and receives the approval of the Federal Insurance Administrator. (e) When the Federal Insurance Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community's FIRM and, if appropriate, has designated AH zones, AO zones, A99 zones, and A zones on the community's FIRM, and has identified on the community's FIRM coastal high hazard areas by designating Zones V1-30, VE, and/or V, the community shall: (1) Meet the requirements of paragraphs (c)(1) through (14) of this section; (2) Within Zones V1-30, VE, and Von a community's FIRM, (i ) obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement, and (ii) maintain a record of all such information with the official designated by the community under § 59.22(a)(9)(iii); (3) Provide that all new construction within Zones V1-30, VE, and V on the community's FIRM is located landward of the reach of mean high tide; (4) Provide that all new construction and substantial improvements in Zones V1-30 and VE, and also Zone V if base flood elevation data is available, on the community's FIRM, are elevated on pilings and columns so that (i) the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level; and (ii) the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraphs (e)(4) (i) and (ii) of this section. (5) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: Federal Emergency Management Agency, DHS (2) Adopt the official map or legal description of those areas within Zones AR, AR/A1-30, AR/AE, AR/AH, AR/A, or AR/AO that are designated developed areas as defined in § 59.1 in accordance with the eligibility procedures under § 65.14. (3) For all new construction of structures in areas within Zone AR that are designated as developed areas and in other areas within Zone AR where the AR flood depth is 5 feet or less: Q) Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and (ii) Using this elevation, require the standards of paragraphs (c)(1) through (14) of this section. (4) For all new construction of structures in those areas within Zone AR that are not designated as developed areas where the AR flood depth is greater than 5 feet: (i) Determine the AR base flood elevation; and (ii) Using that elevation require the standards of paragraphs (c)(1) through (14) of this section. (5) For all new construction of structures in areas within Zone AR/A1-30, AR/AE, AR/AH, AR/AO, and AR/A: (i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine the base flood elevation or flood depth for the underlying Al-30, AE, AH, AO and A Zone; and (iii) Using the higher elevation from paragraphs (a)(5)(i) and (ii) of this section require the standards of paragraphs (c)(1) through (14) of this section. (6) For all substantial improvements to existing construction within Zones AR/A1-30, AR/AE, AR/AH, AR/A0, and AR/A: (i) Determine the Al-30 or AE, AH, AO, or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs (c)(1) through (14) of this section. (7) Notify the permit applicant that the area has been designated as an AR, AR/A1-30, AR/AE, AR/AH, AR/A0, or AR/A Zone and whether the structure will be elevated or protected to or above the AR base flood elevation. [41 FR 46975, Oct. 26, 1976] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 60.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov . Date: October 18, 2016 Agenda Item #: VII.B. To:Mayor and City Council Item Type: Report / Recommendation From:Eric Roggeman, Finance Director Item Activity: Subject:PUBLIC HEARING: Certification of Delinquent Utilities Improvement No. DU-16, Resolution No. 2016-105 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Staff recommends that Council adopt the attached resolution to certify the delinquent utility accounts. INTRODUCTION: Minnesota Statute 444.075 allows Cities to “charge a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected”. City of Edina City Code section 28-52 through section 28-57 allow for the certification of water, sanitary sewer, storm sewer and recycling delinquent accounts. The City of Edina has certified unpaid utility bills to the county for collection for many years. Hennepin County requires council resolution prior to certification. Utility accounts (water, sanitary sewer, storm sewer, and recycling) with balances over $50 and delinquent one month or longer were notified in writing of the pending certification and the time and date of the hearing in a letter dated September 12, 2016. Customers who have not paid as of today will be charged a $30 administrative fee to cover the additional costs associated with the certification process. Customers will continue to have the opportunity to pay their overdue balances up until November 16, 2016. After November 16, 2016, payments for the certified portion of customer bills are no longer accepted by the City and certification balances as of the end of business that day are certified to Hennepin County. Delinquent utility amounts certified to Hennepin County will also include an interest rate of 6.5%, per City policy. In September 2016, 787 properties were sent notices for a total of $407,090. This is similar to September 2015, when 894 properties were sent notices for a total of $405,066.96 with the final certification of 319 properties for $238,617. The delinquent utility list attached to this report is a list of properties in Edina that remain on the 2016 certification list as of Tuesday, October 11, 2016. The City has received a list of 10 properties that receive St. Louis Park utility services but are located in Edina and are delinquent. The City has received a list of 3 properties that receive Richfield utility services but are located in Edina and are delinquent. The City has received a list of 1 property that receives Minneapolis utility services but is located in Edina and is delinquent. Pursuant to agreements between the City of Edina and the listed cities, these 14 properties are also included in the delinquent list to be certified by the City of Edina. To respect the privacy of delinquent customers, the attached list omits the names of property owners. ATTACHMENTS: Description 2016 Delinquent Utility Certification List Resolution 2016-105 Staff presentation Customer # Account #Service Address Town/City Account Status Certification Balance 00088092 0335087015 4100 PARKLAWN AVE EDINA Active $8,682.80 00120698 0170000065 7777 WASHINGTON AVE EDINA Active $4,450.32 00076649 0170000047 7651 WASHINGTON AVE EDINA Active $3,767.74 00108561 0331013004 6813 CRESTON RD EDINA Active $3,382.95 00099160 0110851007 5701 ABBOTT AVE S EDINA Active $2,993.74 00104590 0120832000 6408 WEST SHORE DR EDINA Active $2,392.73 00081365 0110074008 5705 WOODLAND LN EDINA Active $2,364.46 00100517 0202139006 4532 56TH ST W EDINA Active $2,235.38 00112573 0201246008 5425 WOODDALE AVE EDINA Active $1,875.57 00119810 0332647006 4917 POPPY LN EDINA Active $1,862.81 00077969 0120576000 6005 ASHCROFT AVE EDINA Active $1,860.37 00120751 0160523000 5701 PARKWOOD LN EDINA Active $1,736.15 00120735 0203517024 5433 VERNON AVE EDINA Active $1,709.60 00079114 0153722004 6220 BRAEBURN CIR EDINA Active $1,701.90 00118021 0201270007 14 WOODLAND RD EDINA Active $1,633.50 00107000 0110180009 6111 HALIFAX AVE EDINA Active $1,577.76 00079144 0153750009 6213 LOCH MOOR DR EDINA Active $1,561.89 00093057 0330761000 6901 DAWSON LN EDINA Active $1,559.82 00101037 0201269000 4 WOODLAND RD EDINA Active $1,557.61 00080181 0160647154 6620 FIELD WAY EDINA Active $1,545.68 00077151 0163227003 6433 MARGARETS LN EDINA Active $1,517.09 00098604 0343044002 6100 SHERMAN CIR EDINA Active $1,484.83 00117969 0180001009 7005 WASHINGTON AVE S EDINA Active $1,473.14 00090021 0345070120 7713 GLASGOW DR EDINA Active $1,441.20 00082186 0201203009 5015 WOODDALE LN EDINA Active $1,438.25 00095924 0340336005 5324 62ND ST W EDINA Active $1,409.44 00106012 0152640005 5616 HILLSIDE CT EDINA Active $1,384.65 00111671 0202755009 4425 RUTLEDGE AVE EDINA Active $1,384.08 00101466 0165016307 6731 APACHE RD EDINA Active $1,355.42 00086576 0330132002 6223 HALIFAX AVE EDINA Active $1,355.13 00095138 0330214003 6320 PEACEDALE AVE EDINA Active $1,350.76 00117753 0120498005 5825 ST JOHNS AVE EDINA Active $1,335.04 00104014 0305519007 311 HARRISON AVE EDINA Active $1,333.70 00103822 0158054001 5920 DEWEY HILL RD EDINA Active $1,315.72 00111665 0202043001 4501 GOLF TER EDINA Active $1,308.63 00111927 0332286002 4424 GILFORD DR EDINA Active $1,285.07 00092776 0332175006 4405 CLAREMORE DR EDINA Active $1,275.88 00109667 0120714003 6213 CONCORD AVE EDINA Active $1,272.64 00085532 0305040005 15 CIRCLE WEST EDINA Active $1,262.45 00094765 0120563005 6200 ST JOHNS AVE EDINA Active $1,246.92 00080192 0160647261 6613 DOVRE DR EDINA Active $1,236.65 City of Edina Certification List as of 10/11/16 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 1 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00086610 0330193017 6237 PEACEDALE AVE EDINA Active $1,233.83 00088388 0340516007 6409 WILRYAN AVE EDINA Active $1,233.15 00114443 0330935001 6841 OAKLAWN AVE EDINA Active $1,216.23 00113787 0341944007 6104 HANSEN RD EDINA Active $1,193.16 00120013 0305567008 303 VAN BUREN AVE EDINA Active $1,191.58 00121079 0153829015 7021 VALLEY VIEW RD EDINA Active $1,182.86 00117998 0111752005 6227 FRANCE AVE S EDINA Active $1,174.17 00084533 0290396009 4109 MORNINGSIDE RD EDINA Active $1,170.42 00101971 0157515015 7011 LEE VALLEY CIR EDINA Active $1,170.17 00102384 0340529002 6513 WILRYAN AVE EDINA Active $1,164.92 00121057 0120845005 6200 VIRGINIA AVE EDINA Active $1,155.80 00117430 0120463006 4508 VALLEY VIEW RD EDINA Active $1,148.86 00098217 0305043002 7 CIRCLE WEST EDINA Active $1,146.94 00111799 0160326009 6616 LONDONDERRY DR EDINA Active $1,145.80 00115202 0110401002 5833 EWING AVE S EDINA Active $1,135.63 00105478 0150749009 6221 BALDER LN EDINA Active $1,124.31 00113331 0120342003 5945 WOODDALE AVE EDINA Active $1,112.24 00117720 0159027030 7412 HYDE PARK CIR EDINA Active $1,106.55 00081394 0167007000 6921 MCCAULEY TRL S EDINA Active $1,098.12 00104325 0202249003 5713 CONCORD AVE EDINA Active $1,094.17 00117609 0160820000 6009 VIEW LN EDINA Active $1,093.86 00107335 0110824001 5925 ABBOTT AVE S EDINA Active $1,077.67 00087379 0331734002 7125 GLOUCHESTER AVE EDINA Active $1,076.51 00098125 0306706008 5012 SCHAEFER RD EDINA Active $1,073.73 00083177 0202221005 5708 FAIRFAX AVE EDINA Active $1,066.57 00114550 0341803016 5825 GROVE ST EDINA Active $1,064.25 00096924 0153788005 6937 MARK TERRACE CIR EDINA Active $1,048.96 00078830 0153095003 6801 LIMERICK LN EDINA Active $1,045.33 00078993 0153488008 6820 ANTRIM RD EDINA Active $1,043.94 00113167 0200119004 4521 BRUCE AVE EDINA Active $1,040.86 00113025 0152653009 5509 HILLSIDE CT EDINA Active $1,038.28 00106236 0120590002 5841 ASHCROFT AVE EDINA Active $1,033.86 00093431 0165040003 6717 SAMUEL RD EDINA Active $1,026.99 00106154 0159091068 7703 TANGLEWOOD CT EDINA Active $1,010.26 00115813 0203954010 4813 WESTBROOK LN EDINA Active $1,005.49 00113658 0340840004 6312 MILDRED AVE EDINA Active $999.25 00094958 0157502001 7004 LANHAM LN EDINA Active $996.38 00077749 0120335002 6029 WOODDALE AVE EDINA Active $994.92 00107807 0306571019 5221 EVANSWOOD LN EDINA Active $993.32 00118339 0120609010 5832 ASHCROFT AVE EDINA Active $982.26 00078149 0120774000 6305 VIRGINIA AVE EDINA Active $976.74 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 2 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00121186 0290193004 4214 SCOTT TER EDINA Active $965.57 00088700 0341134007 5232 DUGGAN PLAZA EDINA Active $956.16 00114851 0165008236 6821 PAIUTE DR EDINA Active $955.10 00085339 0341319004 5125 DUGGAN PLAZA EDINA Active $954.32 00077234 0111736006 6224 EWING AVE S EDINA Active $951.65 00099401 0304013001 5825 EASTVIEW DR EDINA Active $946.21 00079490 0157924109 7064 CAHILL RD EDINA Active $942.50 00121038 0160561183 5216 MALIBU DR EDINA Active $929.19 00112560 0342550297 6260 SANDPIPER CT EDINA Active $922.22 00115929 0157506007 7020 LANHAM LN EDINA Active $913.52 00091856 0331262002 4740 70TH ST W EDINA Active $907.38 00118530 0160847009 6013 KILLARNEY LN EDINA Active $900.21 00115847 0305498002 6601 BELMORE LN EDINA Active $899.12 00097848 0202992002 5300 HOLLYWOOD RD EDINA Active $898.97 00116440 0163222008 6800 INDIAN HILLS RD EDINA Active $883.67 00112482 0331233008 4812 DUNBERRY LN EDINA Active $883.16 00107316 0158008115 7101 SHANNON DR EDINA Active $882.22 00100760 0332729007 4820 ASPASIA LN EDINA Active $875.40 00096834 0200321008 4305 COUNTRY CLUB RD EDINA Active $873.45 00086643 0330230003 4228 VALLEY VIEW RD EDINA Active $871.37 00106230 0160671000 6229 PARKWOOD RD EDINA Active $870.37 00101942 0120515004 5840 ST JOHNS AVE EDINA Active $870.15 00120996 0120361009 5817 WOODDALE AVE EDINA Active $855.41 00107387 0203761009 5208 WINDSOR AVE EDINA Active $850.67 00113859 0120995003 4804 62ND ST W EDINA Active $843.90 00095391 0153718000 6212 BRAEBURN CIR EDINA Active $839.54 00076660 0110864002 3304 56TH ST W EDINA Active $834.92 00085464 0304913002 5516 DUNDEE RD EDINA Active $830.67 00082730 0201362024 4207 52ND ST W EDINA Active $822.49 00117062 0120549004 6309 ST JOHNS AVE EDINA Active $807.81 00113427 0202917004 5201 48TH ST W EDINA Active $803.94 00111553 0341165009 5213 MEADOW RIDGE EDINA Active $799.94 00120783 0120237001 6129 KELLOGG AVE EDINA Active $798.18 00121320 0110555006 5920 CHOWEN AVE S EDINA Active $791.26 00114134 0304164008 5616 DALE AVE EDINA Active $788.14 00092929 0331737018 7201 GLOUCHESTER DR EDINA Active $784.34 00098747 0342041007 6117 WESTRIDGE BLVD EDINA Active $781.59 00084753 0290601000 4009 LYNN AVE EDINA Active $777.91 00104550 0203877000 5036 YVONNE TER EDINA Active $777.20 00110566 0340204004 6116 BIRCHCREST DR EDINA Active $768.99 00104202 0340521000 6429 WILRYAN AVE EDINA Active $767.28 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 3 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00100729 0342727008 5805 SUN RD EDINA Active $760.24 00120870 0340613009 6429 TINGDALE AVE EDINA Active $759.64 00089482 0342354008 5817 TRACY AVE EDINA Active $758.00 00080877 0162500138 6508 GLEASON CT EDINA Active $756.22 00104926 0158980108 7736 PONDWOOD DR EDINA Active $756.10 00080650 0161237005 6024 WALNUT DR EDINA Active $755.19 00102732 0203307000 5133 BEDFORD AVE EDINA Active $747.55 00087613 0332131009 4509 ANDOVER RD EDINA Active $742.11 00104506 0340604000 6349 TINGDALE AVE EDINA Active $740.51 00085966 0305729003 425 JEFFERSON AVE EDINA Active $740.25 00083971 0203727002 5400 RICHMOND LN EDINA Active $737.91 00097900 0342001005 6300 VALLEY VIEW RD EDINA Active $736.11 00111709 0110072000 5708 WOODLAND LN EDINA Active $734.39 00112964 0201441001 5016 ARDEN AVE EDINA Active $733.82 00116503 0304264007 5124 60TH ST W EDINA Active $732.86 00080676 0161262003 6201 VERNON CT EDINA Active $723.67 00108886 0163374004 6528 CHEROKEE TRL EDINA Active $723.60 00105016 0202846028 5101 49TH ST W EDINA Active $722.58 00106180 0202281002 4733 SCHOOL RD EDINA Active $720.18 00094241 0304233005 5117 BENTON AVE EDINA Active $717.86 00080091 0160561450 5401 MALIBU DR EDINA Active $715.62 00120147 0157923315 5546 VILLAGE DR EDINA Active $714.09 00107811 0330124002 6321 HALIFAX AVE EDINA Active $709.67 00084030 0203795009 5032 KENT AVE EDINA Active $708.55 00078298 0121025005 6332 RYAN AVE EDINA Active $708.03 00120683 0110338000 3812 57TH ST W EDINA Active $703.82 00113448 0203612000 5305 WINDSOR AVE EDINA Active $700.14 00109797 0111001004 3201 60TH ST W EDINA Active $698.06 00111664 0201548003 3936 49TH ST W EDINA Active $697.09 00090605 0305518008 315 HARRISON AVE EDINA Active $694.79 00109212 0331915003 7108 WOODDALE AVE EDINA Active $693.81 00076717 0110924019 6109 ZENITH AVE S EDINA Active $690.90 00081730 0111862002 6213 EWING AVE S EDINA Active $686.88 00117543 0120667000 5825 CONCORD AVE EDINA Active $680.30 00118485 0340857004 5221 62ND ST W EDINA Active $680.23 00120402 0120731002 6308 CONCORD AVE EDINA Active $675.58 00084624 0290480006 4058 SUNNYSIDE RD EDINA Active $674.46 00119484 0203375016 5131 OXFORD AVE EDINA Active $670.85 00107781 0341438000 5173 ABERCROMBIE DR EDINA Active $669.97 00113367 0332174007 4409 CLAREMORE DR EDINA Active $669.04 00120710 0200750008 4209 50TH ST W EDINA Active $663.36 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 4 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00119753 0341171001 5237 MEADOW RIDGE EDINA Active $654.86 00084768 0305826005 409 WASHINGTON AVE EDINA Active $652.73 00120897 0305580001 322 VAN BUREN AVE EDINA Active $650.31 00085861 0305590009 424 VAN BUREN AVE EDINA Active $648.14 00118414 0110241006 5828 FRANCE AVE S EDINA Active $643.70 00086822 0330774005 6909 DAWSON LN EDINA Active $643.48 00104071 0304220000 5121 58TH ST W EDINA Active $635.68 00109504 0200886005 5113 GORGAS AVE EDINA Active $634.23 00112723 0340149002 6017 BIRCHCREST DR EDINA Active $632.42 00078353 0121218002 6329 ASHCROFT LN EDINA Active $629.94 00116555 0340884001 6355 WARREN AVE EDINA Active $629.83 00120137 0157924163 7088 CAHILL RD EDINA Active $625.24 00112448 0153170001 6905 LIMERICK LN EDINA Active $624.91 00112763 0110363008 5912 EWING AVE S EDINA Active $619.71 00097911 0110423006 3708 57TH ST W EDINA Active $619.46 00107076 0304259004 5104 60TH ST W EDINA Active $618.31 00111666 0202245007 4609 CONCORD TER EDINA Active $617.34 00116124 0305782007 405 ADAMS AVE EDINA Active $615.95 00089455 0342291004 5521 COUNTRYSIDE RD EDINA Active $615.78 00077944 0120551009 6201 ASHCROFT LN EDINA Active $615.55 00111451 0203131002 5120 HANKERSON AVE EDINA Active $612.34 00111668 0202259000 5725 ST JOHNS AVE EDINA Active $606.27 00090393 0202278007 4805 SCHOOL RD EDINA Active $605.98 00118905 0342666001 5348 WHITING AVE EDINA Active $601.11 00076795 0111016007 5840 YORK AVE S EDINA Active $600.23 00111896 0305383000 309 BLAKE RD EDINA Active $600.17 00081264 0165016227 6616 PAWNEE RD EDINA Active $594.78 00111664 0201548012 3938 49TH ST W EDINA Active $594.51 00103752 0340889015 6421 WARREN AVE EDINA Active $594.29 00099460 0305771000 420 JEFFERSON AVE EDINA Active $593.55 00107577 0120245010 6039 KELLOGG AVE EDINA Active $592.78 00120647 0305821000 419 WASHINGTON AVE S EDINA Active $590.99 00097697 0111635008 6105 YORK AVE S EDINA Active $588.32 00102003 0342227012 5912 CRESCENT DR EDINA Active $587.50 00121277 0202767014 5227 BROOKSIDE CT EDINA Active $586.38 00115273 0342550144 6200 SANDPIPER CT EDINA Active $585.20 00107385 0330303005 6225 BROOKVIEW AVE EDINA Active $585.18 00114525 0202281039 4721 SCHOOL RD EDINA Active $584.56 00077643 0120225005 6108 OAKLAWN AVE EDINA Active $581.83 00093615 0305398003 404 BLAKE RD EDINA Active $579.30 00109411 0304873000 5801 HIDDEN LN EDINA Active $577.40 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 5 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00119409 0200687006 4912 RIDGE PL EDINA Active $576.66 00085857 0305587004 414 VAN BUREN AVE EDINA Active $574.40 00101939 0110252002 6024 FRANCE AVE S EDINA Active $574.10 00119916 0341826019 5932 GROVE ST EDINA Active $573.62 00118096 0120371007 5828 WOODDALE AVE EDINA Active $570.13 00084608 0290463007 4003 SUNNYSIDE RD EDINA Active $569.73 00083506 0202862009 5005 EDINBROOK LN EDINA Active $567.79 00087968 0332781002 7208 TRILLIUM LN EDINA Active $566.32 00114688 0151638001 6417 LIMERICK DR EDINA Active $561.76 00107558 0121251000 6336 ST JOHNS AVE EDINA Active $556.51 00108454 0330969000 6837 WOODDALE AVE EDINA Active $556.47 00121277 0202767005 5225 BROOKSIDE CT EDINA Active $556.30 00088119 0203603001 5328 WINDSOR AVE EDINA Active $555.58 00100576 0290029004 4303 OAKDALE AVE EDINA Active $555.32 00076480 0110682002 5917 BEARD AVE S EDINA Active $554.67 00112116 0153071001 5617 68TH ST W EDINA Active $554.54 00114791 0345070344 5616 78TH ST W EDINA Active $553.47 00102284 0342663004 5336 WHITING AVE EDINA Active $549.90 00121552 0341687008 5604 WARDEN AVE EDINA Active $549.14 00117796 0160835003 5920 VIEW LN EDINA Active $545.20 00120804 0161002017 5809 VIEW LN EDINA Active $541.82 00103436 0340442006 6445 JOSEPHINE AVE EDINA Active $541.34 00114509 0120496007 5833 ST JOHNS AVE EDINA Active $539.48 00105598 0331805006 7221 OAKLAWN AVE EDINA Active $537.59 00114476 0304782000 5505 MIRROR LAKES DR EDINA Active $536.71 00093161 0111645006 6028 YORK AVE S EDINA Active $535.61 00121799 0120614004 5904 ASHCROFT AVE EDINA Finalled $534.80 00088832 0341348018 5124 TIFTON DR EDINA Active $533.63 00118358 0341996004 6220 HANSEN RD EDINA Active $532.89 00094123 0305718006 322 MADISON AVE EDINA Active $532.17 00097267 0157508256 7105 FLEETWOOD DR EDINA Active $527.47 00089646 0342551250 6432 RED FOX CT EDINA Active $526.31 00117670 0203283008 5128 WILLIAM AVE EDINA Active $522.80 00078961 0153452000 5817 MCGUIRE RD EDINA Active $522.43 00104639 0160855008 5901 KILLARNEY LN EDINA Active $520.29 00107926 0305532000 320 HARRISON AVE EDINA Active $517.87 00090879 0202298003 4808 SCHOOL RD EDINA Active $515.59 00087619 0332137003 4512 ANDOVER RD EDINA Active $510.30 00087578 0331969008 4417 GILFORD DR EDINA Active $509.99 00107478 0120518001 5904 ST JOHNS AVE EDINA Active $504.00 00121131 0342126005 6000 TRACY AVE EDINA Active $495.87 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 6 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00094988 0163229047 6457 MCCAULEY TRL EDINA Active $495.11 00121466 0342552295 6360 PHEASANT CT EDINA Active $494.66 00119867 0304570006 5205 LOCHLOY DR EDINA Active $483.39 00108802 0341724021 5615 TRACY AVE EDINA Active $476.11 00120547 0162435003 6029 KAYMAR DR EDINA Active $474.35 00099812 0157924145 7080 CAHILL RD EDINA Active $474.15 00116249 0202760002 4428 BROOKSIDE AVE EDINA Active $465.92 00112115 0110371008 6004 EWING AVE S EDINA Active $457.72 00099063 0341135006 5228 DUGGAN PLAZA EDINA Active $456.46 00117790 0110837006 5821 ABBOTT AVE S EDINA Active $454.65 00085701 0305392009 417 BLAKE RD EDINA Active $451.22 00117164 0203312003 5113 BEDFORD AVE EDINA Active $449.75 00111752 0111860004 6221 EWING AVE S EDINA Active $442.44 00117388 0342157007 6312 HILLSIDE RD EDINA Active $431.25 00116024 0167001006 7021 MCCAULEY TRL EDINA Active $427.72 00109660 0307040001 5127 LINCOLN CIR EDINA Active $426.84 00103030 0120447007 5944 FAIRFAX AVE EDINA Active $425.40 00116473 0111078002 5433 YORK AVE S EDINA Active $421.02 00079926 0159090693 5859 LONG BRAKE TRL EDINA Active $420.67 00119294 0340472009 6348 JOSEPHINE AVE EDINA Active $420.00 00078851 0153121001 6713 LIMERICK LN EDINA Active $418.52 00117954 0152726002 6720 GALWAY DR EDINA Active $416.93 00121785 0305066004 1 COOPER AVE EDINA Active $414.72 00120728 0203234008 5132 HANKERSON AVE EDINA Active $414.51 00120912 0342216006 5500 BENTON AVE EDINA Active $413.73 00080953 0162558102 6447 MCCAULEY TER EDINA Active $412.22 00111723 0110398016 5905 EWING AVE S EDINA Active $410.55 00120925 0111152001 6032 XERXES AVE S EDINA Active $409.44 00086758 0113667005 7404 XERXES AVE S EDINA Active $408.59 00111327 0305476008 419 TYLER AVE EDINA Active $407.36 00095650 0202777067 4368 VERNON AVE EDINA Active $404.08 00118975 0203332009 5032 BEDFORD AVE EDINA Active $404.07 00097822 0332167006 4437 CLAREMORE DR EDINA Active $400.46 00121807 0120889002 4725 VALLEY VIEW RD EDINA Active $398.82 00107244 0161945008 6020 IDYLWOOD DR EDINA Active $398.52 00118325 0151615008 6304 LIMERICK LN EDINA Active $395.12 00120676 0342347017 5711 GROVE ST EDINA Active $394.76 00084758 0290607004 4021 LYNN AVE EDINA Active $388.54 00078732 0152718002 6617 GALWAY DR EDINA Active $385.46 00114470 0167011013 6907 MCCAULEY TRL EDINA Active $384.07 00121447 0110301003 6113 FRANCE AVE S EDINA Active $379.62 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 7 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00106600 0340624006 6533 TINGDALE AVE EDINA Active $373.81 00085225 0304563005 5233 LOCHLOY DR EDINA Active $372.38 00120054 0332650091 7469 WEST SHORE DR EDINA Active $371.91 00121705 0305950003 540 ARTHUR ST EDINA Active $371.21 00093658 0111036003 5704 YORK AVE S EDINA Active $365.65 00114782 0121205007 6312 ASHCROFT LN EDINA Finalled $364.65 00111763 0120050005 6141 BROOKVIEW AVE EDINA Active $362.99 00084540 0290405008 4001 MORNINGSIDE RD EDINA Active $358.96 00114974 0330092019 6326 FRANCE AVE S EDINA Active $358.76 00119484 0203375007 5129 OXFORD AVE EDINA Active $356.33 00121857 0110590003 5901 CHOWEN AVE S EDINA Active $351.69 00120722 0202254005 4612 58TH ST W EDINA Active $349.42 00077862 0120455006 6028 FAIRFAX AVE EDINA Active $346.63 00119549 0290575002 4013 KIPLING AVE EDINA Active $345.67 00120951 0110710008 5633 BEARD AVE S EDINA Active $343.05 00083484 0202836002 4840 WESTBROOK LN EDINA Active $341.46 00116689 0305699009 315 MADISON AVE EDINA Active $339.81 00119301 0111411008 5440 FRANCE AVE S EDINA Active $337.38 00102596 0201401009 5114 ARDEN AVE EDINA Active $335.40 00118399 0340129006 5008 CLOVER RIDGE EDINA Active $332.84 00121818 0306717005 5312 SCHAEFER RD EDINA Active $332.67 00121524 0110624003 5624 BEARD AVE S EDINA Finalled $330.83 00113238 0201175003 10 WOODLAND RD EDINA Active $322.33 00090452 0341193005 5116 MEADOW RIDGE EDINA Active $316.35 00103750 0305675007 408 MONROE AVE EDINA Active $314.57 00121404 0110616003 5609 CHOWEN AVE S EDINA Active $313.89 00078189 0120865000 4808 60TH ST W EDINA Active $312.69 00121279 0332735009 4805 ASPASIA LN EDINA Active $312.66 00087188 0331232009 4808 DUNBERRY LN EDINA Active $312.61 00120462 0159030008 7401 GLEASON RD EDINA Active $311.14 00105091 0111753004 6221 FRANCE AVE S EDINA Active $308.13 00121943 0110203002 5912 GRIMES AVE EDINA Active $305.45 00117926 0110122000 3924 58TH ST W EDINA Active $298.36 00107330 0332638007 4908 POPPY LN EDINA Active $297.59 00117291 0121106025 6412 SHERWOOD AVE EDINA Active $296.11 00114416 0162443003 6100 EDEN PRAIRIE RD EDINA Active $295.19 00106695 0203229005 5108 HANKERSON AVE EDINA Active $288.32 00117999 0110794007 6028 ABBOTT AVE S EDINA Active $287.19 00121193 0304638006 5521 GLENGARRY PKWY EDINA Active $283.91 00112050 0202780008 5004 MOORE AVE EDINA Active $280.18 00109867 0342550055 6216 ORIOLE LN EDINA Active $277.45 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 8 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00104323 0203827001 5525 CODE AVE EDINA Active $271.91 00076733 0110936006 5917 ZENITH AVE S EDINA Active $269.07 00106330 0340208000 6100 BIRCHCREST DR EDINA Active $266.84 00110583 0158996011 7478 CAHILL RD EDINA Finalled $260.34 00098631 0342137011 6000 ARBOUR LN EDINA Active $258.89 00087023 0331004005 4520 BALFANZ RD EDINA Active $252.95 00088599 0340938007 6336 WARREN AVE EDINA Active $252.39 00119670 0342218004 5412 BENTON AVE EDINA Active $252.32 00109272 0342552277 6336 PHEASANT CT EDINA Active $250.97 00083986 0203748007 5028 WINDSOR AVE EDINA Active $248.16 00109124 0342646006 5313 WHITING AVE EDINA Active $246.37 00117703 0341982000 5320 MADDOX LN EDINA Active $245.77 00119308 0200914001 5309 HALIFAX AVE EDINA Active $242.91 00091124 0110786007 3408 60TH ST W EDINA Active $238.11 00112493 0200901006 5201 HALIFAX AVE EDINA Active $236.72 00077188 0111622003 6132 XERXES AVE S EDINA Active $234.34 00121105 0163230026 6505 MCCAULEY TRL EDINA Active $229.27 00107392 0203021005 5301 HOLLYWOOD RD EDINA Active $228.33 00107378 0332733056 4709 ASPASIA CIR EDINA Active $220.34 00105722 0304174006 5805 HANSEN RD EDINA Active $209.58 00118780 0331084008 6641 SOUTHCREST DR EDINA Active $206.39 00111750 0111871001 6220 CHOWEN AVE S EDINA Active $205.76 00114871 0200146001 4600 BRUCE AVE EDINA Active $203.94 00115446 0111677007 6220 BEARD PL EDINA Active $200.00 00081352 0165087007 6617 PAIUTE PASS EDINA Active $200.00 00114845 0330701003 4220 70TH ST W EDINA Active $199.76 00094623 0200924009 5328 HALIFAX AVE EDINA Active $198.74 00089733 0342635009 5340 64TH ST W EDINA Active $195.22 00105119 0305767006 412 JEFFERSON AVE EDINA Active $194.53 00099553 0111388007 3713 54TH ST W EDINA Active $193.13 00083988 0203750002 5036 WINDSOR AVE EDINA Active $189.98 00121971 0306427006 6029 PINE GROVE RD EDINA Active $188.65 00110428 0290385002 4246 LYNN AVE EDINA Active $186.41 00106602 0342640002 5337 WHITING AVE EDINA Active $186.35 00121894 0305945001 516 ARTHUR ST EDINA Active $175.98 00097027 0153701018 6808 GLEASON RD EDINA Active $174.93 00078308 0121046000 6116 RYAN AVE EDINA Finalled $174.72 00120583 0120486009 5933 ST JOHNS AVE EDINA Active $174.34 00120806 0342351001 5805 TRACY AVE EDINA Active $173.55 00076740 0110941009 5841 ZENITH AVE S EDINA Active $172.99 00091579 0163379018 6301 CHEROKEE TRL EDINA Active $168.93 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 9 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00083385 0202683006 4436 VANDERVORK AVE EDINA Active $168.12 00076831 0111064008 5420 YORK AVE S EDINA Active $166.40 00076442 0110637008 5800 BEARD AVE S EDINA Active $165.84 00120541 0203746009 5020 WINDSOR AVE EDINA Active $163.57 00105040 0305555002 405 VAN BUREN AVE EDINA Active $161.72 00115312 0110541003 5804 CHOWEN AVE S EDINA Finalled $157.89 00101664 0340205003 6112 BIRCHCREST DR EDINA Active $156.83 00122343 0200666001 4804 SUNNYSLOPE RD W EDINA Active $155.83 00118045 0110433004 5728 DREW AVE S EDINA Active $155.69 00101621 0152720008 6701 GALWAY DR EDINA Active $155.61 00122241 0290417004 3920 44TH ST W EDINA Active $155.10 00121910 0331737296 7326 CORNELIA DR EDINA Active $154.38 00122192 0342076005 6209 CREST LN EDINA Active $153.67 00121547 0157923280 5555 VILLAGE DR EDINA Active $150.91 00121231 0340834002 6336 MILDRED AVE EDINA Active $150.40 00114031 0202021007 4808 GOLF TER EDINA Active $149.98 00094979 0153622005 6763 VALLEY VIEW RD EDINA Finalled $149.82 00120215 0111203000 5600 XERXES AVE S EDINA Active $149.48 00094198 0201475019 4630 FRANCE AVE S EDINA Active $149.30 00092479 0120176004 5901 OAKLAWN AVE EDINA Active $148.85 00119335 0330950001 6712 POINT DR EDINA Active $147.95 00099876 0111083005 5505 YORK AVE S EDINA Active $145.66 00121889 0342552017 6304 FALCON CT EDINA Active $144.06 00120991 0120289008 5900 KELLOGG AVE EDINA Active $141.57 00121577 0160562011 5501 MALIBU DR EDINA Active $139.27 00119387 0341901008 5800 HANSEN RD EDINA Active $139.27 00096921 0152701001 6721 HILLSIDE LN EDINA Active $139.08 00118755 0305559008 323 VAN BUREN AVE S EDINA Active $137.68 00076215 0110386001 6021 EWING AVE S EDINA Active $136.08 00109660 0307014003 5024 LINCOLN CIR EDINA Active $135.26 00088679 0341106001 6600 WARREN AVE EDINA Active $135.18 00114963 0305666008 308 MONROE AVE EDINA Active $134.48 00119500 0305969002 6409 MENDELSSOHN LN EDINA Active $133.58 00103317 0304974008 5532 MIRROR LAKES DR EDINA Active $131.29 00111190 0305533009 322 HARRISON AVE EDINA Active $130.16 00120375 0342092005 6233 CRESCENT DR EDINA Finalled $129.29 00085649 0305322004 6204 BELMORE LN EDINA Active $128.10 00090909 0305766007 408 JEFFERSON AVE EDINA Active $128.10 00121565 0110738006 3333 55TH ST W EDINA Active $126.50 00101943 0151617006 6403 LIMERICK DR EDINA Active $126.50 00083324 0202368008 4902 LAKEVIEW DR EDINA Active $125.04 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 10 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 00076559 0110763004 5800 ABBOTT AVE S EDINA Active $124.91 00078860 0153131009 6608 CAHILL RD EDINA Active $120.12 00119926 0120238000 6125 KELLOGG AVE EDINA Active $119.55 00111689 0203532007 5213 RICHWOOD DR EDINA Active $118.96 00084423 0290285003 4109 42ND ST W EDINA Active $117.76 00096360 0151709210 6624 LIMERICK DR EDINA Active $115.72 00122057 0330842003 6708 CORNELIA DR EDINA Active $115.41 00115462 0110073009 5712 WOODLAND LN EDINA Active $115.34 00111879 0342365005 5609 GROVE ST EDINA Finalled $113.52 00120710 0200749002 4211 50TH ST W EDINA Active $112.88 00122177 0203325026 5329 INTERLACHEN BLVD EDINA Active $109.84 00120177 0290588007 4020 KIPLING AVE EDINA Active $109.53 00121964 0110699003 5733 BEARD AVE S EDINA Finalled $106.54 00117023 0201010002 5105 JUANITA AVE EDINA Finalled $96.87 00121331 0120606004 5820 ASHCROFT AVE EDINA Finalled $96.67 00122451 0200230008 4608 CASCO AVE EDINA Active $96.40 00121267 0306405011 5316 HIGHWOOD DR W EDINA Active $94.21 00085119 0111219011 3100 55TH ST W EDINA Active $94.21 00077079 0111394009 3809 54TH ST W EDINA Active $94.21 00121481 0111050004 5536 YORK AVE S EDINA Finalled $91.59 00122063 0304743008 5706 NORTHWOOD DR EDINA Active $89.63 00121219 0342214008 5512 BENTON AVE EDINA Finalled $83.75 00112127 0340864005 5220 MADDOX LN EDINA Active $82.95 00122049 0203211005 5017 HANKERSON AVE EDINA Active $81.74 00088092 0335086025 4120 PARKLAWN AVE EDINA Active $81.06 00122076 0203816004 5016 56TH ST W EDINA Finalled $77.84 00122289 0113664008 7430 XERXES AVE S EDINA Active $73.95 00098393 0330852000 6916 CORNELIA DR EDINA Active $69.98 00108022 0200220000 4522 CASCO AVE EDINA Active $65.92 00119864 0120101004 5820 BROOKVIEW AVE EDINA Finalled $64.41 00109332 0340637001 6440 TINGDALE AVE EDINA Active $64.03 00122445 0153622005 6763 VALLEY VIEW RD EDINA Active $63.67 00106580 0153787006 6935 MARK TERRACE CIR EDINA Active $61.26 00102839 0299011005 4520 44TH ST W EDINA Active $60.19 00122041 0305090011 4615 MERILANE EDINA Active $59.37 00116271 0305834014 319 WASHINGTON AVE EDINA Active $54.74 00121035 0160561076 5305 MALIBU DR EDINA Active $54.26 00095028 0340092009 5033 VALLEY VIEW RD EDINA Active $52.64 00099426 0331359006 6617 NORMANDALE RD EDINA Active $52.08 00083084 0202121015 5536 ST JOHNS AVE EDINA Active $50.80 $285,147.16 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 11 of 12 10/11/2016 Customer # Account #Service Address Town/City Account Status Certification Balance City of Edina Certification List as of 10/11/16 St. Louis Park Utility Accounts with Edina Addresses 47942 23483001 5017 44TH ST W EDINA $315.99 17514 22690002 4378 BROWNDALE AVE EDINA $228.97 50262 22402002 4401 44TH ST W EDINA $1,112.46 17596 22861009 4380 COOLIDGE AVE EDINA $401.25 53279 21822002 4010 MONTEREY AVE S EDINA $206.00 16099 23566003 4368 VERNON AVE S EDINA $991.90 34700 22387005 4504 44TH ST W EDINA $258.33 17593 22846000 4390 COOLIDGE AVE EDINA $610.47 48418 23093008 4805 44TH ST W EDINA $177.96 39658 22388508 4520 44TH ST W EDINA $1,160.77 $5,464.10 Richfield Utility Accounts with Edina Addresses 00086758 0113667005 7404 XERXES AVE S EDINA $383.37 00120988 0113665007 7412 XERXES AVE S EDINA $104.47 00122010 0191000445 7616 XERXES AVE S EDINA $107.56 $595.40 Minneapolis Utility Accounts with Edina Addresses 00077188 0111622003 6132 XERXES AVE S EDINA $250.00 GRAND TOTAL $291,456.66 U:\Certification\2016\Certification List as of Oct 11 2016.xlsx 12 of 12 10/11/2016 RESOLUTION NO. 2016-105 RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT UTILITY CHARGES TO THE HENNEPIN COUNTY AUDITOR WHEREAS, the Edina City Council City of Edina City Code section 28-52 through section 28-57 allows for the certification of delinquent utility charges (water, sanitary sewer, storm sewer, and recycling) to the County Auditor for collection pursuant to the provision of MN Statute 444.075. WHEREAS, the Finance Department has prepared a list of delinquent utility charges together with the legal description of the premises served, the official copy of which is on file with the City Clerk and attached to this resolution. WHEREAS, all parties have been notified by mail of the certification. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall transmit a certified duplicate copy of this resolution and the list of delinquent accounts to the County Auditor to be extended on the proper tax list of the County, and such delinquent accounts shall be collected and paid over the same manner as other municipal taxes with interest from the date of this resolution at the rate of 6.5 percent (6.5%) per annum and including a $30.00 administrative penalty pursuant to the provisions of MN Statute 444.075. The description of the certification is: NAME OF CERTIFICATION INSTALLMENTS Delinquent Utilities DU-16 Levy No. 19407 1 Year Passed and adopted by the City Council on October 18, 2016. ATTEST: ____________________________ __________________________________ City Clerk Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of October 18, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 20___. _________________________________ City Clerk The CITY of EDINA Certification of Delinquent Utility Bills October 18, 2016 The CITY of EDINA Utility Certification State Statute Minnesota Statute 444.075 allows Cities to “charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected” www.EdinaMN.gov 2 The CITY of EDINA Utility Certification City Code City Code section 28-56 “If payment is not received within the time period provided in the notice, or if a resolution of the delinquent bill is not reached, the City may certify the delinquent balance to the County Auditor with taxes against the property served.” www.EdinaMN.gov 3 The CITY of EDINA Utility Certification Process •Utility accounts with balances over $50 and delinquent 30 days or longer were notified in writing of the pending certification and the date of this hearing. •A $30.00 administrative fee will be added to delinquent accounts. •Customers will continue to have the opportunity to pay the overdue balances until November 16. www.EdinaMN.gov 4 The CITY of EDINA Utility Certification Process •The final delinquent list will be attached to Resolution 2016-105 and sent to the County for certification. •Certified amounts will pay an interest rate of 6.5%. •All are one year assessments. www.EdinaMN.gov 5 The CITY of EDINA Utility Certification History www.EdinaMN.gov 6 2013 2014 2015 2016 September Notices •Properties •Dollar Amount 688 $435,558 597 $464,150 894 $405,067 787 $407,090 October Public Hearing •Properties •Dollar Amount 444 $368,137 381 $397,488 489 $295,594 464 $291,457 November Certification •Properties •Dollar Amount 284 $304,872 264 $354,615 319 $238,617 The CITY of EDINA Utility Certification Actions •Hold Public Hearing •Adopt Resolution 2016-105 certifying this year’s delinquent utility bills to the Hennepin County Auditor for collection with the 2017 property taxes. www.EdinaMN.gov 7 The CITY of EDINA www.EdinaMN.gov 8 Date: October 18, 2016 Agenda Item #: VII.C. To:Mayor and City Council Item Type: Report / Recommendation From:Cary Teague, Community Development Director Item Activity: Subject:PUBLIC HEARING:Subdivision with Variances for Kyle Litwin on behalf of Young Kim at 5845 Kellogg Avenue, Resolution No. 2016-106 - continued to 11/1/2016 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Staff Recommendation: Adopt Resolution No. 2016-106, approving Subdivision with Variances at 5845 Kellogg Avenue. Planning Commission Recommendation: Adopt Resolution No. 2016-106, denying Subdivision with Variances at 5845 Kellogg Avenue. INTRODUCTION: On September 28, 2016, the Planning Commission held a public hearing considered the request. The Planning Commission recommended denial of the proposal. Vote 7 Ayes and 1 Nay. The Commission believes that reasonable use of the property exists today, there are a variety of lot sizes on this block, and there is not a hardship to support the variances. ATTACHMENTS: Description Planning Commission Staff Report Resolution No. 2016-106 (DENIAL) Resolution No. 2016-106 (Approve) 2016 Planning Commission Minutes 1994 Zoning Board of Appeals Minutes PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague September 28, 2016 V.B. Community Development Director INFORMATION & BACKGROUND Project Description Kyle Litwin on behalf of Young Kim is proposing to subdivide the property at 5845 Kellogg Avenue into two lots. (See property location on pages A1—A5a.) The existing home on the corner would remain, and a new home built on the north lot. (See applicant narrative and plans on pages A6—A11.) To accommodate the request the following is required: 1. A subdivision; 2. Lot width variances from 75 feet to 50 feet for each lot; 3. Lot area variances from 9,000 square feet to 6,709 square feet for each lot; and 4. A side yard setback variance from 5. To 4.7 feet for the existing structure. The existing home would continue to gain access off 59th Street and the new lot would gain access off Kellogg Avenue. Within this neighborhood, the median lot area is 6,715 square feet, median lot depth is 134.1 feet, and the median lot width is 50 feet. (See attached median calculations on pages A11-Al2.) The new lots would meet the median width and depth, but would be just short of the median area. Surrounding Land Uses The lots on all sides of the subject properties are zoned and guided low- density residential. Existing Site Features The existing site contains a single-family home and a detached garage. These structures were built on the south half of the lot, within the original lot. (See page A5.) The home and garage are to remain. The north lot, which appears to be vacant today, contains a large Silver Maple (See pages A8 & A16.) Silver Maple's are not considered a protected tree in the City Code, and therefore would not have to be replaced even if it were located outside of the building pad area. Below is the definition of "protected tree:" (2) Definitions: a. Protected Tree: Any tree that is structurally sound and healthy, and that meets one of the following: i. a deciduous tree that is at least 8 inches dbh, except box elders, poplar, willow, silver maple, black locust, fruit tree species, and mulberry. ii. a coniferous tree that is at least 20 feet in height. The city forester inspected the site and Silver Maple, and recommends that it be removed so as not to cause issues in the future, such as the tree losing limbs and/or falling over and causing damage in the area. Planning Guide Plan designation: Single-dwelling residential Zoning: R-1, Single-dwelling district Lot Dimensions Area Lot Width Depth REQUIRED 9,000 s.f. 75 ft 135 ft. Lot 1 6,709 s.f. * 50 ft* 135 ft. Lot 2 6,709 s.f.* 50 ft* 135 ft. * Variance Required Grading/Drainage and Utilities The city engineer has reviewed the proposed plans and found them acceptable, subject to conditions. (See memo from the city engineer on page A15.) There would be very minimal grading to accommodate the new home. For construction of the new home on the north lot, surface water is recommended to be direct to the south to 59th Street by a swale within the 2 drainage and utility easement along the east lot lines. There shall be no increase in peak rate or volume to neighboring properties. Any disturbance to the roadway caused by the construction of the new homes must be repaired. The detailed grading plans would be reviewed by the city engineer at the time of a building permit application. A construction management plan will be required for the construction of the new home. Specific hook-up locations would be reviewed at the time of a building permit for each lot. A Minnehaha Creek Watershed District permit would also be required. History of Subdivision Requests in the Area The City of Edina has considered several subdivision requests with variances in this area. (See attached area map showing this locations of these requests on page A14.) The following is the history in the past nine years: Requested Subdivisions in the last ten years 1. In 2006, the property at 5901 France Avenue received variances to build four (4) 66-foot wide lots consistent with the area. (Median = 9,269 s.f. & 73 feet wide.) 2. In 2008, 6120 Brookview Avenue was proposed to be divided into two (2) 50-foot lots by Bravura Construction; however, the applicant withdrew the request before action was taken. (Median = 6,700 s.f. & 50 feet wide.) 3. In 2009, a 100-foot lot at 5920 Oaklawn was granted variances to divide into two (2) 50-foot lots. (Median = 6,699 s.f. & 50 feet wide.) 4. In 2011, the property at 5829 Brookview was granted variances to divide into two (2) 50-foot lots. (Median = 6,769 s.f. & 50 feet wide.) 5. In 2012, the property at 6109 Oaklawn was denied the request to subdivide the property into two (2) 50-foot lots. (Median = 6,701 s.f. & 50 feet wide.) 6. In 2012, 6120 Brookview was again proposed for subdivision. That request was denied. (Median = 6,700 s.f. & 50 feet wide.) 7. In 2012, 5945 Concord was denied the request to subdivide the property into two (2) 50-foot lots. (Median = 10,028 s.f. & 77 feet wide. 3 8. In 2015, a 100-foot lot at 5825 Ashcroft Avenue was granted variances to divide into two (2) 50-foot lots. (Median = 6,790 s.f. & 50 feet wide.) 9 In 2015, 5945 Concord was approved for a request to subdivide the property into two (2) 50-foot lots. (Median = 10,028 s.f. & 77 feet wide. Please note that most of these requests are close to the subject property. The last two requests, especially 5945 Concord, are very similar, and have been approved. In 1994, a similar variance request was made to build a new home on the originally platted north lot. The Zoning Board of Appeals denied that request. Minutes from that meeting are attached. Primary Issue • Are the findings for a variance met? Yes. Staff believes that the findings for a Variance are met with this proposal. Per state law and the Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the zoning ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal meets the variance standards, when applying the three conditions: a) Will the proposal relieve practical difficulties that prevent a reasonable use from complying with the ordinance requirements? Yes. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. The practical difficulty is due to the fact that the subject property is double the size of all lots on this block. This area was originally plated with all 50-foot lots, including the subject property. (See page A13.) This block has developed over time with a variety of lot sizes. When these lots were developed, the property owner at that time chose to combine two lots and build one home. The home was located on the south lot with the intent to subdivide and build a second home in the future. 4 The requested variances to split this lot are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than other properties in the immediate area. The proposed subdivision would result in two lots more characteristic of the neighborhood and original plat. If the variances were denied, the applicant would be denied a subdivision of his property of which the lots would be the same as existing lots in the area; specifically the adjacent lots to the east, and the lots directly across the street to the west and south. (See page A5 and A13.) As demonstrated on page A11-Al2, the median lot size in this neighborhood is 50 feet wide, 135 feet deep and 6,715 square feet in size. The proposed lots would be 50 feet wide, 135 feet deep and 6,709 square feet in size, which nearly meet the medians. The City of Edina has also granted similar variances within this area. In 2009, a similar subdivision and variances were granted at 5920 Oaklawn, and in 2011 at 5829 Brookview Avenue. Most recently, subdivisions at 5825 Ashcroft Avenue and 5945 Concord Avenue were approved. Please note that the median lot size and width were similar in those instances. To deny the subject variances would deny the applicant a subdivision that has been recently approved by the City. (See approved subdivisions on page A14.) In regard the setback variance for the existing home, this request is also reasonable. The practical difficulty is the location of the existing home in relationship to the underlying 50-foot lots in the original plat. The proposed subdivision restores the existing plat, and the structure is an existing condition. The setback is very close to the required 5 foot setback at 4.7 feet back. (See page A8.) The lot line could be shifted to meet the setback, but the lot sizes would be irregular. b) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self-created? The condition of this oversized lot is generally unique to this area. The vast majority of lots are 50 feet wide and generally 6,700 square feet in size. The circumstance of the oversized lot was not created by the applicant. The original builder of the home decided to build on two 50-foot lots. The existing home was actually built on the south half of the lot, which gives the impression that a home would be built on the north half in the future. c) Will the variance alter the essential character of the neighborhood? No. The proposed improvements requested by the variance would not alter the essential character of the neighborhood. Again, all the lots on this block are 50 feet wide. 5 Staff Recommendation Recommend that the City Council approve the proposed two lot subdivision of 5845 Kellogg Avenue and the lot width variances from 75 feet to 50 feet for each lot, lot area variances from 9,000 square feet to 6,709 square feet for each lot, and a side yard setback variance from 5 feet to 4.7 feet for the existing home to remain. Approval is based on the following findings: 1. Except for the variances, the proposal meets the required standards and ordinance for a subdivision. 2. The subdivision would meet the neighborhood medians for lot width and depth and nearly meet the median area. 3. The proposal would restore the property back to the form of the original plat, which included two lots. 4. The proposal meets the required standards for a variance, because: a. There is a unique practical difficulty to the property caused by the existing size of the property which is two times the size of most lots on the block. b. The requested variances are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than most properties in the area, including the adjacent lots to the east, west and south. The proposed subdivision would result in two lots more characteristic of the neighborhood. c. The proposed lots would be the same size as the lots were originally platted. d. The variances would meet the intent of the ordinance because the proposed lots are of similar size to others in the neighborhood. e. If the variances were denied, the applicant would be denied a use of his property, a 50-foot wide lot, which is common to the area. In addition, the applicant would be denied a subdivision with variances that has been previously approved with these same circumstances by the City in the last couple years. f. The side setback for the existing home is reasonable. The practical difficulty is the location of the existing home in relationship to the underlying 50-foot lots in the original plat. The proposed subdivision restores the existing plat, and the structure is an existing condition. The setback is very close to the required 5-foot setback at 4.7 feet 6 back. (See page A8.) The lot line could be shifted to meet the setback, but then lot sizes would be irregular. Approval is subject to the following conditions: 1. The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. Prior to issuance of a building permit, the following items must be submitted: a. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. b. A curb-cut permit must be obtained from the Edina engineering department. c. A grading, drainage and erosion control plan subject to review and approval of the city engineer. The proposed plans shall meet all conditions outlined in the engineering memo dated September 22, 2016 d. There shall be no increase in peak rate or volume to neighboring private property. e. Any disturbance to the roadway caused by the construction of the new homes must be repaired by replacing the asphalt pavement from curb-to-curb and from saw-cut to saw-cut. f A construction management plan will be required for the construction of the new homes. g. Utility hook-ups are subject to review of the city engineer. Deadline for a City Decision: December 6, 2016 7 Date: 9/19/2016 Hennepin County Property Map PARCEL ID: 1902824420044 OWNER NAME: Hee-Yoon & Young Kim Trustee PARCEL ADDRESS: 5845 Kellogg Ave, Edina MN 55424 PARCEL AREA: 0.31 acres, 13,441 sq ft A-T-B: Abstract SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead Comments: Site Location This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsui table for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead Al 0 S8th Street. we-tt • Pamela Park _ - - Quid Street C :,cru id — - - litst Street Wes; 1 inch = 800 feet Date: 9/19/2016 ennepin County Property Map PARCEL ID: 1902824420044 OWNER NAME: Hee-Yoon & Young Kim Trustee PARCEL ADDRESS: 5845 Kellogg Ave, Edina MN 55424 PARCEL AREA: 0.31 acres, 13,441 sq ft A-T-B: Abstract SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead Comments: Site Location This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (H) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead eft i_.;•CHL 1 inch = 400 feet • 591-115trci,` .g) l0 ti Road 60th Street West 'p ro , La= 59th L 5 9tli Street West ti - LL .73 io 0 Hennepin County Property Map Date: 9/19/2016 Philbrook Lane I I 11 59th Street ',./est Pam el a Park 1 inch = 400 feet Comments: Site Location This data (i) is furnished AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (Hi) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 PARCEL ID: 1902824420044 OWNER NAME: Hee-Yoon & Young Kim Trustee PARCEL ADDRESS: 5845 Kellogg Ave, Edina MN 55424 PARCEL AREA: 0.31 acres, 13,441 sq ft A-T-B: Abstract SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead Date: 9/19/2016 Hennepin County Property Map 1 inch = 200 feet PARCEL ID: 1902824420044 OWNER NAME: Hee-Yoon & Young Kim Trustee PARCEL ADDRESS: 5845 Kellogg Ave, Edina MN 55424 PARCEL AREA: 0.31 acres, 13,441 sq ft A-T-B: Abstract SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead Comments: Site Location This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsui table for legal, engineering or surveying purposes. Hennepin County shall not be liable for a ny damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential Date: 9/19/2016 Hennepin County Property Map PARCEL ID: 1902824420044 OWNER NAME: Hee-Yoon & Young Kim Trustee PARCEL ADDRESS: 5845 Kellogg Ave, Edina MN 55424 PARCEL AREA: 0.31 acres, 13,441 sq ft A-T-B: Abstract SALE CODE: Warranty Deed ASSESSED 2015, PAYABLE 2016 PROPERTY TYPE: Residential HOMESTEAD: Non-Homestead Comments: Site Location This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT ©HENNEPIN COUNTY 2016 ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Non-homestead ."--4 /-.r"1. To: City of Edina Planning Department The reason for the request to subdivide 5845 Kellogg Avenue is to have two lots that conform with the majority of the surrounding home sites. With the increase of new homes in the area, we would like the option to sell the additional lot in the future. A new home would fit in with the others in the neighborhood and also increase tax revenue to the city. Young Kim N 89°50'24" E 134.20 I ,J I S 0 °0 7 '0 1 " E 10 0 . 00 O O O FOUND 1/2" PIPE L \' 1 FOUND J\ 1/2" PIPE N 89°50'24" E 134.15 I r\ -, 17, L.X.J I 2 Co O O S 89°50'24" W 134.15 FAIRFAX 5TH ADDITION 'TI I r-r- I A / 1 .2.) L_ L_ I v v L_ .2) i FOUND 1/2" PIPE KNOW ALL MEN BY TI- situated In the Count Lots 13 and 14, Hove caused the sem forever, the easement In witness whereof sa SIGNED. STATE OF COUNTY OF The Ife'irfe?oing rostruma Notary Public, My Commission Expire I Thomas E. Hodorff c in the State of Minne designated on the pia wet lands, as defined public ways are shown Dated this day Thomas E. Hodorff, Li Minnesota License No. STATE OF MINNESOTA COUNTY OF This instrument was a Notary Public My Commission Expire: EDINA, MINNESOTA This plot of FAIRFAX I held this day o and the County Highw and recommendations, CITY COUNCIL, City of By: RESIDENT AND REAL E I hereby certify that t By. Mork V. Chopin, C SURVEY DIVISION, Henr Pursuant to MN. STAT Chris F. Mavis, Hennep COUNTY RECORDER, Hf I hereby certify that t o'clock Martin McCormick, Cou He A7 r\ . I X906. X905.9 / \ _1906.1 I X905.8 I Ai‘ 5' I X906.1 90 905.8 xspkT EXISTING \ HOUSE I Lis • d' co I ai c) - kr X905. X904.5 r 1- BLOCK to RET. WALL I 0 (7.5 r ciD 1.4.3 CP. () / X905.6 X905.5 04/80GX (r) X906.3 X906.3 ‘90 X905.3 I A., (:) X905.6 '04.34GX \ LO '<905.0 o 11 ki!) X904.2 to 4 4G>i /18 "' / X904 x41/4 \ \ 904.6/8 1,/x9o4.7 r <VO4.7 I X9pr478 10 36, I / *904.g I 904.8 ¤ 805 X904 X9 10.‘ • PROPOSED 36 DRIVEWAY n Xci n4 c" / Xj : , v.) 902.9 X l' Fr - + 35.9_r___ of / kE - 10 „ )OD \o J I 30 ,, , "do 04.5 ...''' 35.9 / \ /// 7-9/x$ // 1 ) \ \ NC. / c').C ' ri ii 2 \ Ir \X903.1 \ .9 0 37\ STAIRS --/ M.'''. X904.6 '' • ie. • • 0 r, ,1'////: / 902•YX c2 i 901.949X ‘ I \I\ 904.4 c5:37;9A. '*':-• siccii.>„ 29. 04..1_ es 0 10 itest-i6... . ne. . i A >,, 7,0•1 / / Zt'X90.6 ik iryi. 7 Lck --- AO L . \ .../ I "'re? Ile/ (0 9 iri2. 5g.i: .. (vf / /--- \\ /2 "---- .X904-9__, gYO.004 1 -----...\\./..:- 3 --5s24 illv--- 1734.15 901 ,--) \ 9r5;i, \---... c--- ...-- 4---. --'71.._--,.._ _-904- • ... - A -i-.v xnr.7., ,X9"03.0 _ .__ '-''-' 1---903 ,,Xd021\>c \ /1, \ X903.4 0 \ X903.5 X903.6 ...-902-. ,c) t ... - _ .6.1-- 9- 03- ____ ___-=.,--r-Z- -.7-...____. L.29(7-12=-8- X902w.7,______ uj- -902- ,X902.1 X9.02,1 _ 9 X9 LA./ . 6 o 0\-- ---/-, X902.4 c) 901.5 0, --902--- --- X00 "--...,-, ,0 1:19 0 : ". 71 q 3 901 X901.37 --knot A.-- '0 ----1/ 9 /v, (5, q,D... N9 .9 • //0 ,N 'LTGI 01 0 \ /90 1 'IC' %.• %.," 4,1- I I %......,1,-ci IN I") W101 1.4. e., .1 r- °.% .7-1 I r. % ""r /Ef217:01. 0 1 A i ,X9 • „f„ >d3 X901.2 (00 rwg-, -14\ , 0. I- - \ N • 0 ON. 0 900.13G )D0- -.0 899.58G 50 2 ^) t=1 X 1 3 o 1 . 8 972135) • X904.7 cp*V. _dk • UIL X904.6. I r904. PROPOSEDX9°4' 3 x4N47 I (\ -r BUILDING PAD L I I r INe - - _ _ X90 A.4 I <90 .0 .9 N' - • - WINDOW WE 4.00/ \ 1804- 8 5 ( TYPIC - SBL 03.6X 903.0 \ 12.40GX\ O. I I4 16' FINISHED FLOOR /7-9/ • -2<904 6 t v.:. ,4 ELEV. =906.43 / G1‹ _ FINISHED FLOORT; ELEV.=905.69 JFINISHED FLOO' IELEV.= 906.05 903.2 co. d• GARAGE • CV. 9 I /1 L I "La, /I Ii 1,1 4 X903.7 PROPOSED1: 003. LOT LINE j X903.6 I / i oft, I 0 - - SBL-1 f34.1 5 - - A ILI C•iP cr) 4.8 L k ) 15_,r *9071 ...•••••• ,,,909• 6 °)CP X899.- 0)/ ••••• • X899.9 ••••• / • • PRELIMINARY PLAT OF: FAIRFAX 5TH ADDITIOC 0014, 484., LEGEND EXISTING LEGAL DEBCRIPTION: Lot $3 ond Lot 14. elock 3. FoIrlos, Hennepin County. 1,11nnamota. TO BE PLATTED AB: Lots I and 2. Mock FAIRFAX 511-1 AMMON. Henneoln County. lAinnottoto, SUBDIVISION BUMMARY: The total number of Lote , equal to two. The totol oroo Is 13,41> square feet. PROPOSED AREA: Z:: T3'17ct 'FAAr,r4xx go'rg Viot '6.;144 7,7701T GENERAL NOTE): ,ij.,,,:::EZAF'g,,r47:Ta 4Z; :rA7Z V`2:47T"(M)7=ZO'll To a'oPtaniT.317,V:EnZtlat'ng272,%'er 110404 OAE( 044040 — — xlm,o 'ono, en,,/po 40000 S 4004. 4e04.0 >MOJA a.. ..3 N>746.4.r?_1z941,tr. tm , ,VA.Ffr, I I , LOT I I I >avas ) ;Asa Lo,n %eine s 12;i *00400 04400900 41..tti r, NA mem, (04 glom 04 VA.': [4,E4:744 4' 44404 2.gig.Ir ar..1,4,, 0 '` "0" ,a77.)-.H t,TRE01;-.° e 4-- 3a )0' A .0 I ,__I4.0 17 .1 • VICINITY MAP HOUSE DETAILS: PROPOSED DRAINAGE 110 UTILITY EASEMENT DETAIL DRAINAGE Aro vriLitv vaLl.,[NTS D,Ove4 THU!, • L , NOT 5CALC . 1, 0 —r V x 051.27C X 034 3 4)4000) Concrete C t C '13:Xeed Electric Coo EI:Xle'r.i"eret Clectrle Ram ZVP'alr"' Valve 000404,000 40, (o. 00) (Om GrL,ZZ TT:= Woler Manhole Monnola Storm Manhole ExistIng Ocelot, Proem,. Spot Elevation Pp c1111,,A CulotIng Orotnaeo Arr.. 20 10 0 20 40 60 SCALE IN PEET A09010= 5845 Kellogg Avenue South Edina. Minnesota 55424 OWNER Hcc—Toon Kim CONTACT Nye Litwin (952) 924-8787 Edina Really 4999 France Avenue Suite 250 Minneapolis, Minnesota 55410 31714VEVC,la lorry S. Johnson Co.. inc. CONTACT Torn 4040,11 (952) 884-5341., 9063 Lyndolo Avenue South, Bloomington. Minnesota 55420 50=ALE: 1 INCH = 2(0 FEET REVM.A1.7 I hereby corttly (hot Wu vurvey. pion or RegIntered Land Surveyor undo,' the Iowa of the State of lAinneriolo 'loom PRELIMINARY PLAT OF FAIRFAX 5TH ADDITION HEF,-YOON KIM SITE: 1941 KELLOGG A0ENI1E .9011TH EDINA, MINNESOTA HENNEPIN COUNTY HARRY 9. JOHN3C14 60., III. LAND SURVEYORS 4904 Lyn, ol6 Avvimv 0114,16 Himmel, glen. MN. 51437 10)0. 950.404.44441 Fox 95,304.5944 1-3-934S 2016199 1 OF 1 C.R. DOC. NO. FAIRFAX 5TH ADDITION KINOW ALL MEN gorurT4ESi Young K. ,...arid and wife. fee owner, Cl the following devcrOed property 000500M. State el MISSevola to veil: Lot. 13 and 14, Mock 3, "FAIRFAX, HENNEPIN COUNTY. MINNESOTA" 'fre've0:011,1VerertTnrre to oe Na'te'irrthZlellit.4°e1:1„541:544L SuTillti9172JoirlOy.s hereby 0'001" and 005,1. to IN, Wbllc, far "'"' uva In wItneeff whereof vale Heo—Yoon N. a. Young Elm have hereunto lot their hon. ala d y 10 10 5 0 20 30 20 N 89.50.24" E 134.20 SCALE IN FEET SMEEL eg P STATE OF Heo Yoon KIm You Ki COUNTY OF The foregoing ...rant woe adnowledgod before me Ole day of 20 by Hao—Yoon N. a. Young Elm, husband and wife, " I Thoma. orff do hereby certify that thio plot woo prepared by me or under my direct opervlolant thatoym a 11,uly Mooed 0.5,,nd,5u,rveyor In he e"o'1'°Allrinitooto: Oh plot to a correct opreveritogon of the boundary our--yot,,tal.g or, that all w er ,,,oLZ.pfond Pt ed " Ila that °I'lot III are lWn Mown and labeled on Ola plat, and o„ Ilr de :4';4=4'„n'an'd'n1= a„ Ole Plat. Doted this — do2 of 20 FOUND 1/2" PIPE —N rJ\ J N 80.50'24.. E 134.15 174r=1.1=1,"gtierr'n° Surveyor. I LJ LIJ FOUND 1/2" PIPE L PrInted Nemo STATE OF MINNESOTA . COUNTY OF TON lnattornent wan ...IOW before me on Ole _ day of 20 ey m E. Ha Of KO UNE Or FAIRFAX. HENNEPIN CoUNTY, MINNESOOTA" Printed Nemo trart7i=s1 Ey. County. Mlnnavow 2 EDINA. MINNESOTA 17ettl'"; of "P'1.'TAy"AT,, ° =2;t rpT 7• n'!'" °,;`°:. t:SZ • In:Couty olgrooy Engineer have been r or the meoribad 30 dO2 PorIod ....Poo, MOO, ritmit tho mertraon at`fav 0n recommendation, ov pra.ed MInn000to MOO. Section 505.00. SOM. 2 CITY COUNCIL. City or Edtno, Minneeoto 00 By. Mayor DY Moog r S 89°50.24" W 134.15 FOUND _ 1/2" PIPE RESIDENT AND REAL ESTATE SEANCES, Hennepin County. Mimeota hereby certfy that wee, poyeble in 20_ and prior ran/ have been paid for lana clotolbed an thin plat, doted thIe _ day O1 EF• TETSZ.:!:7:rn • WITZIng.17.7.42V21,.. E. Mc. V. Chapin, County Auditor Br.Deputy 20— SURVEY DIVISION. Hennepin County. tiOneriota Nogg. to MN. STAT. Se, 32330.303 (1060, Me Plat boo boon cPProod 5111 — .2 of 59TH 7REET WEST Chrlo F. Movie, Hennepin County Surveyor OY DRAINAGE & UTILITY EASEMENT DET/NIL DRAINAGE AND Ulu, EArEMENTS ANC... THUS 20 t COUNTY RECORDER. Henn.. Country, I booby codify that Ifs wIthin plot of FAIRFAX 5T0 ADDITION woo recorded In Ohl office Ole day of 1.1.4 —M. I I -H H 1—J L—J_ Mar. McCormick. County Roo,. DP tY ELO,E " " ° VICINITY MAP PROPERTY: LOT AREA, LOT WIDTH & LOT DEPTH EXHIBIT LOT 2% LOT / - - - - LOT .1, I LOT II ;p: LOlA lOTS AI% ....139.31ft 2 ig .____przsr..,.1........_ LOT 3 LIOT 14 -SEM' LET I 04 10356.. 23 !LOT 22 , LOT / LOT 2C 1 / LOT 0 LOT 2 404 LOT 2 LOT 15 LOT 2 7 '.;CALE: I INCH= 60 FEET REVISIONS Pa. I hereby certify that this werey. plan or 134.0141ered Land Sawyer under the laws el the Stole el Minnenota ETA mtv 8138 ' PROPERTY EXHIBIT FOR FAIRFAX STH ADDITION For: HEE-YOON KIM ITE: 12.2 KELLOGG AMEN!!! 0011711 EDINA. MINNESOTA HENNEPIN COUNTY HARRY 3. &INN:SUN CU., INC. LAND 8URVEYDRI; 14053 Lwidate AvnbUO Ce-All, Blutonlnulun, MN. 56427 T01o.992-1304- 341 Fe3 9504134.5344 wV44,134•11.1431145.0.14 1-3-9348EXA 2016199.03 AMP eta toe*, NH!MOO. LANE ST W K EL L OG G 11 11 1 A to W A ST W I § § ras 1 ...Gli 6010 ST W 2 NOT TO SCALE L31 3 LOT 2 LOT 2 LOT :SC) \.) LOT 2 LOT 71:=9-,s-cr LETS \ C5 4.4 LOTS I _...i.4-' ....„4,,:r — .-- -And tom motel NA, ,,. ,,,,,= • . , , OT 20 one Noma A 14 :15.2 , • t, idt 1 1 tleirtgA4'" 1 ___432.7 __=:!÷:S irtterrZ+17:2-----thipt-I-AkV2--- L.'LT LI 59Th b,IESI WEST L.,,,,,,,........,...“ 1 "'""L'''''.. '14 Fatiel"Trieettir ALL'T 1 I LOT 23 grAtcre .1 LOT 3 ... LOT or 1o,41LOT 3 : Etriiker ! reema notate ,,,,,t i LOTS t: m ratite Ir''' ......................... _. I r.,:,,,mr: ..:, • . Fro: ,,..,- • i ; LOT 7 SItttii,:SreN,,r 1 I '''I LOT n ''.. 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Wet — 58TH STREET WEST Book Sheet Ile. CAD rechnklan TH Pave LE,F 1 TIMMINESI- IME111:=11 File No. W.O. Number 201619 5840 Kellogg Ave 6,648 50 132.7 5644 Kellogg Ave 6.646 50 132.7 5845 Wooddale Ave 6,647 50 132,7 5841 Wooddole Ave 6,648 50 132.7 5837 Wooddale Ave 6,649 50 132.7 5833 Wooddole Ave 6,650 50 1.32,7 5829 Wooddole Ave 6,518 49 132.7 5825 Wooddale Ave 6,784 51 132.7 5821 Wooddole Ave 6,652 50 132.7 5817 Wooddale Ave 6,653 50 132.7 5813 Wooddale Ave 6,654 50 132.8 5809 Wooddale Ave 6,654 50 132.8 5805 Wooddale Ave 6,655 50 132.8 5801 Wooddale Ave 6,470 48.6 132.8 5900 Kellogg Ave 6,456 48.6 132.6 5904 Kellogg Ave 6,644 50 132.6 5908 Kellogg Ave 6,643 50 132.6 5912 Kellogg Ave 6,642 50 132.6 5916 Kellogg Ave 6,642 50 132.6 5920 Kellogg Ave 6,641 50 132.6 5924 Kellogg Ave 6,640 50 132.6 5928 Kellogg Ave 6,639 50 132.5 5932 Kellogg Ave 6,639 50 132.5 5933 Wooddole Ave 6,640 50 132.5 5929 Wooddole Ave 6,640 50 132.5 5925 Wooddole Ave 6,640 50 132.6 5921 Wooddole Ave 6,642 50 132.6 5917 Wooddole Ave 6,643 50 132.6 5913 Wooddale Ave 6,643 50 132.6 5909 Wooddale Ave 6,644 50 132.6 5905 Wooddole Ave 6,645 50 132.6 5901 Wooddale Ave 6,460 48.6 132.6 5900 Ooklawn Ave 6,517 48.6 134.1 5904 Oaklown Ave 6.717 50 134.1 5912 Oaklown Ave 6,715 50 134.1 5916 Ooklown Ave 6,714 50 134.1 5932 Ooklown Ave 6,711 50 134,1 5933 Kellogg Ave 6.712 50 133.9 5929 Kellogg Ave 6,713 50 133.9 5925 Kellogg Ave 6,714 50 134 5921 Kellogg Ave 6,715 50 134 5917 Kellogg Ave 6,715 50 134 5913 Kellogg Ave 6,716 50 134 5909 Kellogg Ave 6,717 50 134.1 5905 Kellogg Ave 6,718 50 134.1 5901 Kellogg Ave 6,522 48.5 134.1 5905 Oaklown Ave 8,418 70 134.3 5901 Ooklawn Ave 8,547 78.5 134.3 5920 Oaktown Ave 6,714 50 134.1 5924 Ooklawn Ave 6,713 50 134.1 5820 Brookview Ave 6,713 50 134.2 5824 Brookview Ave 6,725 50 134.2 5908 Oaktown Ave 6,716 50 134.1 5800 Ooklawn Ave 6,527 413.5 134.3 5804 Ooklown Ave 6,727 50 134.3 5912 Wooddole Ave 6,739 50 134.4 5908 Wooddole Ave 6.739 50 134.4 5828 Wooddole Ave 10,080 75 134.2 5832 Wooddole Ave 6,720 50 134.2 MEAN: 7,164 54.4 133.7 c,:&N MEDIAN: 6,715 50 134.1 t_3ENERAL NOTES: Inventory Definitions per City of Edina Subdivision Application: Median: The value in an ordered set of such values below which and above which there is on equal number of values, or the orithmetic mean of the two middle values if there in no one such middle value. Lot Area: The area within the lot lines exclusive of lond located below the ordinary high water elevation of lakes, ponds, and streams. Lot Depth: The horizontol distance between the midpoint of the front lot line and the midpoint of the rear lot line. The greater frontage of a corner lot is Its depth and lesser frontoge is its width, Lot Width: The horizontal distance between side lot lines measured of right angles to the line establishing the lot depth at o point of 50 feet from the front lot line. direct supervision ono tnat Registered Land Surveyor u of the State of Minnesota T}tornas 1-1odo r fT, L.S. Minnesota Reg. No. 23677 Dote: Augu31 9, 2015 5Uu ' PROPERTY FOR FAIRFAX 5TH Al Fuoriz, HEE-YOON I T= I I I I I I I • I 5i45 KELLOGG AVENI. EDINA, MINNE3( HENNEPIN (yr, HARRY JOHN3UN CC LAND t3URVEY( Wi Lyhcials Tele. 952-0C4-5341 Fax www.le4stirvynr-..c14,1 58TH ST 0. 59TH ST W 60TH ST W 241S IS) tae ists (30) S (29) a 1 S 131. 23 = 5 (96) (9; (98) (IDO) 61 tt (99) 81 a (101) 61 (102) (103) (104) r (i05) 6) (106) Is (25) -15 N 1/2 SE.1/4 SEC.19 11 9 (92) 2 .1 (93) (29) 21 (28) • • sun (15) is, (8) (4) 25 , 1 2 • (26) is t mat (25) (24) (16) 11121 Ok) \sd 0 13 134 . 13 12 • • (2;) 134 16 (22) (19) 1 Ad (20) 12 (21) taus ; = 1.3221 24 (73) 1. (5; 2 ,st ,,,, , •. •• (72) 1.7 1.7 e 22 (71) 0 a (53) S 132. 132. 2 5; 2 (70) (64) 13225 13.5 e 2 (69) (55) 2 .224 Z 1.74 ..2 . .....• 2, ., 8 5, (68) 0... : (56) 1-- .112.22 3 • , tun 2 (627 Z ......... s 59121 2 (64 Ili 2 g '.. ' t (4) 2 o sal M. . 1322 (65) 0 (58) 2 ,324g, 13263 e 15 10 t, (60 2 (59) Lo. am (63) 2 (60) t, = tam 13 .2. 12 8 (62) 8 (61) 32. .. .... ''. :1 -,. (51) . 3, (32) 124. 7. sa 2 2 (50( (33) wa ista 2 is r 2 (34) a 1.25 ¤ 21 . ton 2 (49) (35) 124. lass 2 91 2 ts, (36) ; MN 1104 '' \ (414) (37) 2 wn . ,„.z, 2 3 0 (47) (38) 13431 .21 a a ¤ 2 (39) 0. s (46) e • t 5 (40) ...a 2 (45) 2 (41) .... 1331 5- -----.. 13131 6. a (42) , 13116 8 • 1 t2 2 . (43) 0 ' ittil . 15 13/ 2 Ds 16 17 1, 134 I16 16 .61 10 13/9 1 1 14 .0 1 13 4 .111 /12 '134 V.4.711,1112-15.1134 a /3 4.a 1.6 24 On g 1129 (74) g tsas as. 2 as Ds 2 (92) (75) ••• 112E2 22 0 13261 a ?, (95) (76) 13261 .21 2 0 2 (94) (27) las tasa 2 so 0 2 (93) (65) 13 1.53 2 On 2. (79) 0 1324.1 132.1 2 0 (91) (80) Ia. las (90) 2 (81) 2 ts. 13255 2 0 . (89) (82) 132. 13E. 2 (68) (83) . 13253 1329 2 2 (87) (80 13251 III. 2 Is 2 2 (66) (a) 2 1.15 (120) 0 . LS (98) :4 134.14 2 (119) 2 (82) 2 ... 04. 2 (11e) a (100) 2 134.11 1..11 2 (117) 2 (101) at.t .1 (116) 51 (102) 2 14 2 (115) 0 i*, (103) a 13403 : MOS 42 12 2 ‘ 1 (114) osso 11163 2 II o 2 (113) (104) .. 11146 2 0 (112) 2 (105) D. 1119 114131 15 10 2 OM '' (106) 1.11 14 13493, 2 (110) (107) 13411 .111 13 (109) 0 12 (108) e 111 . 1 .15 S 0224 ) 23 (12' ) 111 ((21) 29 (122) ..11 • . 1 S 0 0 400 Feet 200 N.1/2 SE.1/4 SEC19 T.028 R.24 S/NW/1.9 S/NE/19 S/NW/ NisW/19 : 94gil N/SW/ . ... . .. • • ' ' . :. S/SW/19 S/SE/19 S/SW/ Eighth/Quarter/Section This is not a legally recorded map. It represents a compilation of information and data from city, county and other sources. Print Date: Fri Jul 12 08:38:15 200 1f) 44-v )f. DATE: September 22, 2016 TO: Cary Teague — Planning Director CC: David Fisher — Building Official FROM: Ross Bintner P.E. — Engineering Services Manager RE: 5845 Kellogg Avenue / Fairfax 5th Addition Plat - Special Review The Engineering Department has reviewed the subject property for street and utility concerns, grading, storm water, erosion and sediment control and for general adherence to the relevant ordinance sections. This review was performed at the request of the Planning Department; a more detailed review will be performed at the time of building permit application. Summary of Review Engineering has no concerns with the plat as submitted. Grading and Drainage Grade a swale directing surface runoff south to 59th street along the east property line in the new drainage and utility easement. Erosion and Sediment Control New home permit must have a stormwater management plan signed by a professional engineer, consistent with the grading and drainage provision above. Street and Curb Cut A curb cut permit will be required for street connection for the new lot. Street patching will be required per Edina Standard Plates 540 — 543. Water and Sanitary Utilities A utility connection permit will be required for sanitary and water services for the new lot. Street patching will be required per Edina Standard Plates 540 — 543. City REC fees for sewer and water will be required. Other Items A Minnehaha Creek Watershed District permit will be required. ENGINEERING DEPARTMENT 7450 Metro Boulevard • Edina, Minnesota 55439 www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392 Jackie Hoogenakker From: Rosemary Schwedes <rqschwedes@gmail.com> Sent: Sunday, September 18, 2016 12:47 PM To: Jackie Hoogenakker Subject: Request to subdivide the lot at 5845 Kellogg Ave. I have received the notice regarding an application requesting the right to subdivide the lot at 5845 Kellogg into two lots. The announcement document does not explain the reason for the request. So I will make the assumption, which can be readily corrected on your advice, that the goal of this subdivision is to make it possible to build two ugly, lot-filling, misshapen houses with pig-snout garages rather than one. If that goal is the correct one, then I oppose the subdivision. I thank you for the opportunity to render my opinion. — Rosemary Schwedes 5828 Kellogg Ave., Edina 1 MEETING OF THE EDINA PLANNING COMMISSION CASE FILE: TO: APPLICANT: PROPERTY ADDRESS: LEGAL DESCRIPTION: PURPOSE: DATE OF HEARING: TIME OF HEARING: PLACE OF HEARING: HOW TO PARTICIPATE: 2016.014 Properties Within 500-Feet Kyle Litwin 5845 Kellogg Avenue, Edina, MN Lots 13 & 14, Block 3, Fairfax Addition The applicant is requesting to subdivide the lot into two lots. Wednesday, September 28, 2016 7:00 P.M. Council Chambers Edina City Hall 4801 West 50th Street *Submit a letter expressing your views, *Attend the hearing and give testimony, *Fax your views/952/826-0389 or, *E-Mail to ihoocienakkerAedinamn.qov FURTHER INFORMATION: Write City Hall Planning Department at 4801 West 50th Street, Edina, MN 55424 or call (952) 826-0369 DATE OF NOTICE: September 16, 2016 /Cs7-- kelq7 11 Ms. Iris Bergren 5844 Brookview Ave Z.". Edina, MN 55424-1906 Draft Minutes Approved Minutes El Approved Date: Planner Aaker reported that the Kyle Litwin on behalf of Young Kim is proposing to subdivide the property at 5845 Kellogg Avenue into two lots. The existing home on the corner would remain, and a new home built on the north lot. To accommodate the request the following is required: 1. A subdivision; 2. Lot width variances from 75 feet to 50 feet for each lot; 3. Lot area variances from 9,000 square feet to 6,709 square feet for each lot; and 4. A sid yard setback variance from 5. To 4.7 feet for the existing structure Planner Aaker concluded that staff recommends that the City Council approve the proposed two lot subdivision of 5845 Kellogg Avenue and the lot width variances from 75 feet to 50 feet for each lot, lot area variances from 9,000 square feet to 6,709 square feet for each lot, and a side yard setback variance from 5 feet to 4.7 feet for the existing home to remain. Approval is based on the following findings: 1. Except for the variances, the proposal meets the required standards and ordinance for a subdivision. 2. The subdivision would meet the neighborhood medians for lot width and depth and nearly meet the median area. 3. The proposal would restore the property back to the form of the original plat, which included two lots. 4. The proposal meets the required standards for a variance, because: a. There is a unique practical difficulty to the property caused by the existing size of the property which is two times the size of most lots on the block. b. The requested variances are reasonable in the context of the immediate neighborhood. The existing lot is both larger and wider than most properties in the area, including the adjacent lots to the east, west and south. The proposed subdivision would result in two lots more characteristic of the neighborhood. c. The proposed lots would be the same size as the lots were originally platted. d. The variances would meet the intent of the ordinance because the proposed lots are of similar size to others in the neighborhood. e. If the variances were denied, the applicant would be denied a use of his property, a 50-foot wide lot, which is common to the area. In addition, the applicant would be denied a subdivision with variances that has been previously approved with these same circumstances by the City in the last couple years. f. The side setback for the existing home is reasonable. The practical difficulty is the location of the existing home in relationship to the underlying 50-foot lots in the original plat. The proposed subdivision restores the existing plat, and the structure is an existing condition. The setback is very close to the required 5-foot setback at 4.7 feet back. (See page A8.) The lot line could be shifted to meet the setback, but then lot sizes would be irregular. Page 13 Draft Minutes Approved Minutes0 Approved Date: (::1 here to ~n ....:: Approval is also subject to the following conditions: 1. The City must approve the final plat within one year of preliminary approval or receive a written application for a time extension or the preliminary approval will be void. 2. Prior to issuance of a building permit, the following items must be submitted: a. Submit evidence of Minnehaha Creek Watershed District approval. The City may require revisions to the preliminary plat to meet the district's requirements. b. A curb-cut permit must be obtained from the Edina engineering department. c. A grading, drainage and erosion control plan subject to review and approval of the city engineer. The proposed plans shall meet all conditions outlined in the engineering memo dated September 22, 2016 d. There shall be no increase in peak rate or volume to neighboring private property. e. Any disturbance to the roadway caused by the construction of the new homes must be repaired by replacing the asphalt pavement from curb-to-curb and from saw-cut to saw-cut. f. A construction management plan will be required for the construction of the new homes. g. Utility hook-ups are subject to review of the city engineer. Appearing for the Applicant Kyle Litwin, Realtor and Young Kim, property owner. Discussion/Comments Commissioners expressed the following: • Planner Aaker was asked if she knew the reasons the City Council denied two of the six subdivision requests in this area. Planner Aaker responded one of the subdivision requests (Brookview) was on a block with multiple lots in excess of 50-feet so the Council felt that the 100-foot wide lot was in character with that block; adding they may have felt the same for the lot on Oaklawn. • Commissioners asked Planner Aaker the history of the 75-foot lot width requirement. Planner Aaker reiterated as pointed out in the staff report two ordinances are at play here; the Subdivision Ordinance and Zoning Ordinance. Both have different requirements; however, are two separate processes. Median/mean lot size, width and area are part of the Subdivision Ordinance and the 75-foot lot with requirement is a requirement of the Zoning Ordinance. Aaker said she is not sure why 75-feet became the standard. Aaker further noted that many of Edina's lots were platted, purchased and developed prior to the 75-foot lot width requirement. Those lots are now considered non-conforming; however, a property owner can request to subdivide and a variance from the Zoning Ordinance is required. Aaker said in this case it appears Page I 4 Draft Minutes® Approved Minutes CI Approved Date: here cf• someone purchased two adjoining lots and built on one lot. The property owner is now requesting to subdivide. • It was noted that it appears the largest structure possible is built on these smaller lots. The argument has been made that two smaller houses (although new & larger) would be a "better fit" for the neighborhood than one overly large house on an overly large lot. Commissioners expressed with regard to the subject block that there are a number of two lot combinations on this block providing variety is spacing. Commissioners further pointed out this lot (as the others on the block) remain undeveloped; with the question remaining-what is the character of the neighborhood; what's there now or the underlying plat. Planner Aaker acknowledged that point, adding in a number of instances a house was built over the common line of the combined lots; however, in this instance the existing house was built on only one lot possibly leaving one lot for future development. • The opinion was also expressed that the subject site had reasonable use for 70 plus years, adding any hardship was self-created. Public Hearing The following residents spoke in opposition to the proposed subdivision: Andrew Beson, 5844 Oaklawn Avenue, Edina, MN Josie Fisher, 5901 Kellogg Avenue, Edina, MN Chair Olsen asked if anyone else would like to speak to the issue; being none A motion was made by Commissioner Thorsen to close the public hearing. The motion was seconded by Commissioner Strauss. All voted aye. The motion to close the public hearing carried. There was a brief discussion on concern with drainage issues with residents pointing out in the past there have been water problems in this area. Discussion/Further Comments • It was observed that this subdivision request is interesting. It was noted that the block itself was unique because of the number of combined lots; however, the underlying plat is two 50-foot lots, which is the neighborhood average. This proposal falls into a gray area. • A question was raised on if the Silver Maple would be removed and if so would it be replaced. Planner Aaker responded that a Silver Maple is not a protected tree, adding the City Forester has reviewed the project and submitted findings. The City requires I - I replacement. • Commissioners again acknowledged the variety of lot sizes on the subject block adding they believe that variety created the character of this block. The majority of Commissioners also said they found no hardship to support the variances. A discussion ensued with the majority of Commissioners expressing the opinion they could not support the subdivision as submitted. Page 15 Draft Minutes® Approved Minutes0 Approved Date: Click (if:•• • Motion A motion was made by Commissioner Hobbs to deny the request for subdivision with variances for 5845 Kellogg Avenue. The motion was seconded by Commissioner Thorsen. Ayes; Hobbs, Lee, Thorsen, Nemerov, Hamilton, Bennett, Olsen. Nay, Strauss. Motion to deny carried 7- I. VI. Community Comment None. A motion was made by Commissioner to close Community Comment. The motion was seconded by Commissioner Lee. All voted aye. The motion carried. VII. Reports/Recommendations None. VIII.Chair and Member Comments Commissioner Nemerov congratulated Chair Olsen on her first meeting as Commission Chair. IX. Staff Comments None. X. Adjournment A motion was made by Commissioner Bennett to adjourn the meeting at 8:45 P.M. The motion was seconded by Commissioner Thorsen. All voted aye. The motion carried. jacizi,e f-oosevtalzlzer Respectfully submitted Page I 6 B-94-14 Michael J. Doran 5845 Kellogg Avenue Lots 13 & 14, Block 3, Fairfax A 25 foot lot width variance and a 2290 sq. ft. lot area variance for a legally platted lot Ms. Aaker informed the board the subject property is located in the northeast quadrant of Kellogg Avenue and West 59th Street. The property consists of two 50 foot wide legally platted lots with the home located on the southern most lot. The property owner is hoping to sell Lot 14 as a separate parcel for the future development of a single dwelling unit. Ms. Aaker explained the neighborhood was originally platted with lot widths of 50 feet, depths of 132-134 feet and areas of between 6600 and 6700 square feet for development of single dwelling units. As homes were developed some chose to purchase two lots or portions of an additional lot. The subject property consists of two legally platted 50 foot wide lots, with the home located entirely on one of the lots. Ordinances have changed since the time the area was subdivided requiring larger lots in new subdivisions. Reviewing the lot in the context of the existing neighborhood demonstrates that the subject lot is consistent both with conditions occurring along the 5800 block of Kellogg Avenue and occurring within the neighborhood at large. It is clear that at the time of subdivision all of the 50 foot wide lots had the potential for the development with a home. Ms. Aaker concluded staff recommends approval of the request as submitted. Mr. Workinger asked why the board is hearing this request. Ms. Aaker clarified even though the lot is legally platted our ordinance requirements have changed requiring a variance for development. Ms. McClelland questioned if the property owner is paying taxes as one parcel how can it be divided. Ms. Aaker said that is not an issue. Many individuals who own an adjoining lot(s) combine the parcel under one tax statement. Ms. Aaker explained the lot is still taxed, but the property owner receives one statement. 4 Mr. Armist, 5817 Kellogg Avenue stated he is against the variance. He added the neighborhood is established with mature trees and he is very concerned that a new home will not conform to the character and symmetry of the existing neighborhood. Ms. Joan Stern, 5808 Kellogg Avenue, told board members she is concerned that a house constructed on this lot, if it is allowed, may be substandard, and devalue the existing homes in the immediate neighborhood. Ms. V. Dash, 5837 Kellogg Avenue suggested if Mr. Doran needs money that he sell the whole parcel. She added her property is immediately next door to the vacant lot, and is the most impacted. Ms McClelland asked Ms. Dash what rooms in her home abut the vacant lot. Ms. Dash said her bedrooms are on that side. Ms. Jody Hoe, 5816 Kellogg Avenue pointed out in her opinion this block is different from the blocks nearer Valley View Road. She added as one gets closer to Valley View Road the houses are not as valuable. She stated she wants her neighborhood preserved and the property values maintained. Mr. Fisher, 5901 Kellogg Avenue stated in his opinion if a nice new home is constructed on this vacant lot the property values of the existing neighborhood will probably go up. He pointed out this is a platted lot, and the property owner should have the right to sell it. A property owner at 5832 Kellogg pointed out 50' lots are narrow and privacy can become an issue, and suggested if a variance is granted that a similar style home be constructed, not a modern home. Mr. Byron observed our ordinance requires construction of a two car garage noting it is difficult to construct a two car garage on a 50 foot lot. Mr. Workinger noted if a house is constructed (cape code style) at a width of 33 feet there will probably be enough room for a driveway. Mr. Workinger stated he is unsure if a height variance would be needed. Mr. Dvorak, 5840 Kellogg stated his concern is with aesthetics, adding the lot is beautiful and treed, and if the variance is granted he suggested a complementary house be constructed. Ms. McClelland said she agrees with the concerns expressed by neighbors and stated they are legitimate. She pointed out no homes have been constructed in this neighborhood since 1959. Continuing, Ms. McClelland stated the homeowner to the 5 north will be impacted, and a new house if not constructed with care will violate the character and symmetry of the neighborhood. Ms. McClelland said in her opinion, Edina is being over built, and every lot in Edina does not have to be developed, especially in established neighborhoods. Concluding Ms. McClelland pointed out this neighborhood has many wonderful trees, and has a mature streetscape, a new house will violate this character. She noted a subdivision request was denied on Grimes Avenue that is very similar, 50 foot lots, sprinkled in with 100 foot lots in an older area. Ms. McClelland said she cannot support the request. Mr. Doran told the board his intent is not to upset the neighborhood, he added he only wants to sell the lot. Mr. Workinger said he appreciates the charm and character of the neighborhood and believes if a new modern house is constructed it will negatively impact this neighborhood. Mr. Workinger said he understands the plight of the property owner but wants some sensitivity in designing a new house. Mr. Workinger continued it is very important to him that the house that is built on this lot blend with the neighborhood. Concluding, Mr. Workinger said he supports the request because in his opinion the property owner has a right to sell and develop a legally platted lot. Mr. Workinger pointed out many individuals when Edina was being developed purchased additional lots with the potential to sell them in the future. Mr. Workinger said if approval is granted he wants the board to be able to review, and comment on the design plans of the future house. Mr. Byron said he recalls the granting of a variance for a vacant lot on 54th and Xerxes, but stated he believes this neighborhood is different from Xerxes Avenue. Continuing, Mr. Byron said in his opinion the width of the lot will make it hard to develop without requiring other variances, and that is something we should consider. Mr. Byron pointed out this neighborhood evolved over a period of time, and is established, with mature vegetation, similar housing styles and a new modern looking house will detract from the neighborhood character. Mr. Byron stated he believes these points should be considered when we hear a request. Mr. Byron stated sometimes ordinances catch up with the public, and not everything can work. Mr. Workinger said that while he agrees with comments regarding the established neighborhood, that is not an issue, the lot is legally platted, and if we can exercise some control over what is constructed the impact may be minimal. Mr. Byron noted we do not have authority to tell a future property owner what style of house they should built. Mr. Byron commented he is not clear if a lot is platted, if it is automatically entitled to be developed. Mr. Byron moved to deny the variance request subject to the concerns brought up during discussion. Mr. Workinger seconded the motion. Ayes; McClelland, Byron. Nays; Workinger. 6 Ms. McClelland informed Mr. Doran he can appeal the decision of the board. A neighbor suggested that Mr. Doran sell 25 feet of his property to Mrs. Dash. Mr. Doran would benefit financially and Mrs. Dash would be able to enjoy the extra space and the lot would remain as is. Mrs. Dash said she does not want to purchase 25 feet of the vacant lot. Date: October 18, 2016 Agenda Item #: VIII.A. To:Mayor and City Council Item Type: Report / Recommendation From:Ann Kattreh, Parks & Recreation Director Item Activity: Subject:Request for Purchase: Fred Richards Park Master Plan Consulting Services Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the selection of Confluence to complete the Fred Richards Park Master Plan INTRODUCTION: Staff completed a request for proposal and interview process for the selection of a Fred Richards Park Master Plan consultant. Please see report. ATTACHMENTS: Description Staff Report: Fred Richards Park Master Plan Consulting Services Fred Richards Master Plan RFP Consultant Interview Information Confluence Proposal City of Edina • 4801 W. 50th St. • Edina, MN 55424 October 18, 2016 MAYOR AND CITY COUNCIL ☒ ☐ Ann Kattreh, Parks & Recreation Director Request for Purchase – Fred Richards Park Master Plan Consulting Services Sept. 2, 2016 N/A Confluence $70,000 Recommended Quote or Bid: Confluence - $70,000 Information/Background: At the July 19 City Council meeting City Manager Scott Neal provided a staff report outlining four possible options to conduct the consultant selection process for the Fred Richards Park Master Plan. Staff’s recommendation was to conduct a competitive request for proposal (RFP) process to select a landscape architecture firm. The City Council approved that recommendation. The Fred Richards Park visioning process took place in 2014, giving staff and a new landscape architecture firm a great deal of information with which to begin a park master planning process. As approved by City Council, city staff: • Prepared an RFP • Identified bona fide urban design firms to receive the RFP • Assembled an interview team • Prepared an interview evaluation tool Request For Proposal The RFP was developed and reviewed by multiple city staff. The goal was to find a qualified professional planning firm to facilitate a community planning process that culminates in a City Council approved Fred Richards Park Master Plan. The selected firm was asked to facilitate REQUEST FOR PURCHASE Page 2 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 community engagement, develop conceptual elements based on the input received through the public engagement process and prepare recommendations for location, design, and featured park, recreation and environmental elements. The firms were directed to review the Fred Richards Vision Master Plan and the Parks, Recreation and Trails Strategic Plan. IDENTIFIED FIRMS On Aug. 10, the RFP was sent to 20 urban design firms. On Sept. 2, seven proposals were received from the following firms: 1. Loucks 2. HGKI 3. SGA Group 4. Confluence 5. Landform 6. SEH 7. COEN + PARTNERS All seven firms were interviewed over a period of seven hours on Sept. 13 and Sept. 15. INTERVIEW TEAM As requested by the City Council, community residents were included in the interview process. The interview team was composed of the following 11 members: Eileen McAwley, Park Board Member Tom Terwilliger, Resident Art Lowell, Resident Steve Curry, Resident Cliff Akins, Business Rep (Premiere Properties) Kristina Smitten, Business Rep (The Link) Maria Erickson, Business Rep (The Cradle Club) Ann Kattreh, Parks & Recreation Director Susan Faus, Parks & Recreation Assistant Director MJ Lamon, Project Coordinator Kelly Dumais, City Management Fellow EVALUATION TOOL An interview evaluation tool was developed to assist the interview team in evaluating each firm. The evaluation tool highlighted six focus areas and each interview team member was asked to evaluate each of these focus areas on a scale of 1 (unacceptable) through 5 (highest impression). The six focus areas were: REQUEST FOR PURCHASE Page 3 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 A. Qualifications of Team B. Experience with Similar Projects C. Project Approach and Scope D. Understanding of Project Partnerships and Stakeholders E. Public/Stakeholder Engagement F. Proposed Timeline/Meeting Schedule Specific questions were developed to correlate with each of the six focus areas. Interview team members submitted their completed evaluation tool to city staff to be imported into a report which calculated an average score for each firm. Open comments were also solicited from interview team members, Results: Firm Name Average Score Confluence ……………………………… 4.47 HGKI ……………………………… 4.38 COEN + PARTNERS ……………………………… 4.15 SHE Loucks ……………………………… ……………………………… 3.82 3.74 Landform SGA ……………………………… ……………………………… 3.67 2.59 Comments: Confluence • Familiarity with Edina’s park system. • Excellent engagement and branding plan. • Public art component. • Offered translation services – firm understands the neighborhood demographics. • Compiled a strong and complete team including community engagement, natural resources, design and operation analysis for future costs to maintain the park. • Mentioned children participation in the plan. • Helped created Edina’s Park overall master plan which is a positive. • Very relevant project experiences and did homework on this site. REQUEST FOR PURCHASE Page 4 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 • Anticipate a modern approach to design, engagement and ecological approach. • Like combination of creative natural uses of the space plus active play area for children. • Creating educational opportunities. • Could not go wrong with these guys! Confluence Proposal Confluence proposes a six-phase planning process. Phase 1: Project Initiation • Kick-off meeting, data gathering and base mapping Phase 2: Research, Analysis and Inventory • Understanding and research • Environmental review and assessment • Walk The Park workshop Phase 3: Community Outreach and Participation • Vision and guiding principles • Park programming workshop • Project website • Key stakeholder interviews • Community input workshop #1 Phase 4: Schematic Design • Preliminary park concepts – Park-A-Palooza design session • Preliminary concept review • Preliminary concept presentation to Park Board and City Council • Community input workshop #2 Phase 5: Preferred Master Plan – Environmental Document Development • Prepare preferred park master plan and cost estimate Phase 6: Final Master Plan • Final plan and Park Board and City Council presentations Additional Partner Firms: RSP Dreambox – Community engagement lead and user experience design. REQUEST FOR PURCHASE Page 5 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 Emmons & Olivier Resources, Inc. (EOR) – Environmental consultant specializing in water resources engineering, environmental compliance and restoration and sustainable site design and planning. PROS Consulting – Programming market analysis and operations and maintenance planning and budgeting. Project Timeline: The master plan will be completed in 8 – 12 months, depending upon the public engagement events selected. Total Fee: $70,000 The RFP stated the project budget of $70,000 Proposed Additional Services: These services would be contracted directly with each firm. • Wetland Delineation – Emmons & Olivier, Inc. - $4,600 o A full delineation will be required at some point in the permitting and construction process. Staff recommends completing a wetland delineation to assist with the design phase of the project. • Market and Financial Analysis and Operations and Maintenance Standard – PROS Consulting -$15,000 o PROS Consulting proposes to complete a comprehensive market analysis of the park with special consideration given to the opportunity to develop public/private partnerships for key facilities within the park. The plan will identify short-term and long-term management strategies as well as financial strategies and principles to enhance the efficiency and revenue capacity of Fred Richards Park. Operations and maintenance analysis will determine park operational costs and maintenance needs and standards. • Interpreter Services - $40/hour and/or $.20/word o To reach nearby residents where language is a significant barrier; an interpreter will be vital. Verbal interpretation and/or written interpretation will be valuable to reach all residents. Staff Recommendation: The City Council, Park Board and Parks & Recreation Department worked with Confluence in 2014/15 to complete the Parks, Recreation and Trails Strategic Plan. Confluence performed expertly and is highly recommended by staff. Similar projects presented by Confluence were the Cedar Lake Park and Lake Olathe Park Master Plans in Olathe, Kansas; South Service Area Master Plan for the Minneapolis Park & Recreation Board; Maple Grove Central Park, Maple Grove, MN; Mississippi REQUEST FOR PURCHASE Page 6 IN EXCESS OF $20,000/CHANGE ORDER City of Edina • 4801 W. 50th St. • Edina, MN 55424 National River and Recreation Area Parks for the St. Paul Parks & Recreation Department; Tamarack Nature Center, White Bear Township, MN. Confluence specializes in creating a robust public engagement process and also creating sustainable and engaging infrastructure. City staff’s experience with Confluence was exceptional. They exceeded our expectations with the process and final product of the Parks, Recreation and Trails Strategic Plan. They were detail oriented, collaborative, thoughtful, thorough, big thinking and flexible. While our experience with PROS Consulting on the Parks, Recreation & Trails Strategic Plan and also the Grandview Facility Operational and Feasibility study was also exceptional, staff believes that the work proposed can be done internally by city staff. Interpreter services will be considered and utilized as needed. The Confluence proposal is attached. All proposals, with the exception of Coen + Partners were within the allocated project budget. Action Requested: Staff requests that the City Council approve the selection of Confluence to complete the Fred Richards Park Master Plan Process. Staff also recommends contracting directly with EOR for wetland delineation. Page | 1 Fred Richards Park Master Plan RFP FRED RICHARDS PARK MASTER PLAN REQUEST FOR PROPSAL RFP SCHEDULE Proposal Submittal Deadline: Friday, September 2 2016 Interviews for Selected Consultants: Week of September 12 2016 City Council Approval of Consultant Contract: October 18 2016 Proposals shall be submitted no later than 4:00pm on the above date. Send proposals to: Ann Kattreh City of Edina, Parks and Recreation 4801 West 50th Street Edina, MN 55424 LIMITATION The Request for Proposal does not commit the City of Edina (City) to award a contract or pay any cost incurred in the preparation of the proposal. The City reserves the right to reject any of all proposals or portions thereof, to accept a proposal or portion thereof, and to waive any informality. CONTACT INFORMATION All questions regarding this request for proposal should be directed to the Director of Parks and Recreation, Ann Kattreh. Ann Kattreh akattreh@edinamn.gov 952.826.0430 CONTENTS Project Background and Description ....................................................................................................... 2 Submission Requirements ...................................................................................................................... 5 conditions of request and requirements .................................................................................................. 6 Evaluation Criteria and Procedures ......................................................................................................... 6 Page | 2 Fred Richards Park Master Plan RFP PROJECT BACKGROUND AND DESCRIPTION Edina is a City with over 43 parks and open spaces totaling more than 1550 acres. Park amenities include baseball and softball diamonds; football and soccer fields; basketball and tennis courts, outdoor skating rinks; playground equipment for your children and picnic shelters. The Department also maintains eight miles of scenic pathways for bicycling, walking, jogging, cross country skiing and snowshoeing. The Parks & Recreation Department operates 8 facilities, which include the Edina Aquatic Center; Art Center; Braemar Arena; Braemar Golf Courses; Braemar Golf Dome; Centennial Lakes Park; Edinborough Park; and the Edina Senior Center. The City of Edina is seeking a qualified professional planning firm or consultant to facilitate a community planning process that culminates in a Fred Richards Park Master Plan (as described under “Project Objective” below). The selected consultant will facilitate the public outreach efforts, develop conceptual elements based on the input received through the public participation efforts, and prepare recommendations for location, design, and features of park and recreation elements. STUDY AREA DESCRIPTION The Fred Richards site (7640 Parklawn Avenue, Edina Minnesota 55435) is located in the southeastern part of the City, near the corner of 494 and Hwy 100. The site is a total of 43 acres. This site was an operational City executive golf course until October 2014. Page | 3 Fred Richards Park Master Plan RFP VISION MASTER PLAN & PARKS, RECREATION AND TRAILS STRATEGIC PLAN On March 18, 2014, the Edina City Council accepted staff and Park Board recommendations to cease the golf operations at Fred Richards Golf Course. On April 22, 2014, the City Council authorized undertaking a repurposing study, which was to be forward looking and would not focus on revisiting the decision to close the golf course. The purpose of the study was to better positon the City Council to make an informed decision about the future use of Fred Richards Park. The goals of the repurposing study were as follows: To engage the public to gather information and ideas about repurposing the Fred Richards site to position the City Council to make an informed decision about its future use. Key principles established for the study included: • Maintaining an open and transparent public process • Seeking creative ideas and options • Providing context and background information to aid the City Council in analyzing and considering repurposing opportunities Gather background information and listening to various stakeholders and members of the community. Specifically, the team's charge was to: • Understand the community issues and perspectives associated with repurposing the site • Provide a public conduit for generating ideas • Define viable options for City Council consideration • Undertake baseline development cost evaluation • Provide perspective related to findings from the public process • Recommend a plan of action for the City Council to further consider The Vision Plan encompasses the general principles Edina desires for the park, however, this document should only be considered as a foundation and not a template for your proposed master plan. In 2015 the Edina Parks & Recreation Department completed a strategic plan of the park system. The Fred Richards’ Vision Master Plan and the Parks, Recreation & Trails Strategic Plan can be found on our website for full review. Fred Richards’ Vision Master Plan: http://edinamn.gov/index.php?section=fred-richards-repurpose Parks, Recreation & Trails Strategic Plan: http://edinamn.gov/index.php?section=park_strategicplan SCOPE OF WORK The scope of services requested includes the following phases of work: 1) Project Initiation 2) Research, Analysis & Inventory 3) On-going Community Outreach and Public Participation 4) Schematic Design 5) Preferred Master Plan-Environmental Document Development 6) Final Master Plan Page | 4 Fred Richards Park Master Plan RFP The Consultant shall be responsible for, and shall act as prime coordinator for all sub-consultant services, and shall allow sufficient time to review and correct the work of sub-consultants prior to submission to the City. All meetings that the Consultant is required to attend shall also include sub- consultants as appropriate. PROJECT BUDGET The City has dedicated $70,000 to the development of the master plan for Fred Richards Park. PUBLIC ENGAGMENT Public participation is a key element in this process. Outreach activities should focus on a variety of stakeholders including neighborhood residents, neighboring businesses and future business developments, the Edina Park Board, the Edina City Council, the Three Rivers Park District, the Nine Mile Creek Watershed District, recreational users, athletic associations and the general population of the City. The community outreach efforts may include: • Public Meetings • Stakeholder interviews • Site walks • Website • Surveys • Other methods to measure the public’s reaction to the process and adjust the planning process as necessary • A minimum of two Park Board presentations and two City Council presentations will be required PROJECT IMPLEMENTATION The Proposed Project will have two very important components: 1. A community participation process that includes meetings, workshops, interviews and public outreach materials. City staff will assist the selected consultant in the development and utilization of these public participation elements, which shall include a project web page and other elements deemed necessary to reach the public. To ensure these elements are conducted in an efficient and timely manner, meetings with the Director of Parks and Recreation must be conducted at the outset of the project to refine the schedule, assign responsibilities, and ensure accountability is built into the process. A mid-way point check-in and presentation to gather feedback from the Park Board and City Council will be required. The process will increase the residents’ knowledge of the issues that are present in Fred Richards Park and provide a vehicle for eliciting public input for solutions to these issues. 2. A final master plan that addresses the needs presented through the public engagement process, and meetings with the Park Board and City Council will be developed by the selected consultant at the conclusion of the public participation process. This plan will be presented by the consultant to the Park Board and City Council for adoption. The timing for this final report will be determined (preliminarily) at the meetings with the selected consultant at the outset of the project, and may be adjusted during the course of the project. II Page | 5 Fred Richards Park Master Plan RFP . SUBMISSION SUBMISSION REQUIREMENTS The Proposal response should be fully self-contained, and display clearly and accurately the capabilities, knowledge, experience, and capacity of the respondent to meet the requirements of the project and the RFP. Respondents are encouraged to utilize methods they consider appropriate in communicating the required information. At a minimum, this will include submission of the information requested below: • Firm Description & Experience • Approach to Fulfilling Project Objectives • Proposed schedule for project completion • Fee Schedule • Number and type of meetings included Twelve (12) bound copies plus an electronic copy submitted on a flash drive of all documents should be submitted to the City of Edina Parks and Recreation Department at 4801 West 50th Street no later than 4:00 pm Friday, September 2 2016. Submittals and questions can be sent to Ann Kattreh, Parks and Recreation Director, at akatteh@edinamn.gov. Interviews with the most qualified firms will be held on the week of September 19, 2016. In order to be considered, all requested information below shall be submitted. All material shall be presented in a succinct manner in the same order as presented in this RFP. The City will not be responsible for proposals delivered to a person/location other than that specified above. FIRM DESCRIPTION 1) Consultant: Name, address, telephone number, e-mail address, website address (if available) 2) Year the firm was established 3) Primary contacts within the company: Title, telephone number and email address for each. Indicate which person will be the contact for the RFP process. 4) Number of employees in firm and office locations 5) Consultant specialties: List of the type(s) of work the firm specializes in 6) List of Fred Richards Park Master Plan Project Lead Professional Personnel by Area of Expertise: Provide an organization chart describing staff available to handle the desired work. Provide a brief but detailed history of the number of years of experience with the current firm and other firms, education, professional registration/certifications, and qualified work experience relevant to the services requested. 7) Current/Prior Experience with Municipal Projects with emphasis on Park Master Plan projects: List up to six (6) projects, starting with the most recent, that the professional personnel of your firm have worked within the past 10 years. Provide the year the project was performed, the name of the municipality/jurisdiction and location (city), the owner’s name, address, and contact name and phone number, e-mail address and the scope of work performed. Other related experience may be included. Page | 6 Fred Richards Park Master Plan RFP APPROACH TO FULFILLING THE PROJECT OBJECTIVE 1) Provide the tasks and narrative of how your firm will comply with fulfilling the project objective, and what special services and products your firm has to meet our needs and not exceed the agreement amount. 2) A description of how the firm provides the desired services and quality control to assure adequate level of service and successful project completion and management. 3) A time frame or chart showing start dates and major milestones along the way. 4) A statement indicating the firm is independent, properly licensed and insured to practice in Minnesota, and has no conflict of interest with regard to any other work performed by the firm for the City. RATE SCHEDULE Provide an itemized rate schedule that reflects the work proposed. The rate schedule should include typical hourly charge rates for labor classifications anticipated. CONDITIONS OF REQUEST AND REQUIREMENTS The following conditions apply to this RFP: 1. The City of Edina (City) reserves the right to withdraw this solicitation of a proposal at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any firm submitting a proposal. 2. The City reserves the right to reject any and all proposals submitted in response to this request and to reject any sub-consultant or individual working on a consulting team. 3. Any changes to the proposal requirements will be made by addendum. 4. In any event, the City shall not be liable for any pre-contractual expenses incurred by any proposal or Consultant. This shall include pre-contractual expenses such as preparing the Proposal, submitting the Proposal to the City, negotiating with the City on any matter related to the Proposal or other expenses incurred prior to the date of award for any agreement related to the services herein described. 5. No prior, current or post award verbal agreement(s) with any officer, agent or employees of the City shall affect or modify any terms or modifications of this RFP or any contract or option resulting from this process. 6. The City reserves the right to waive any minor irregularities, informalities or oversights at its sole discretion. The term “minor” as used herein means any proposer or City irregularities or oversights that does not materially affect or alter the intent and purpose of this RFP, and is not in violation of any State of Minnesota or Federal Government rules, laws and regulations that may apply to this procurement. EVALUATION CRITERIA AND PROCEDURES DISTRIBUTION AND OUTREACH This RFP is being distributed to a list of consultants who have expertise in related areas. Page | 7 Fred Richards Park Master Plan RFP SELECTION TEAM The City will rate prospective consultants (firms) for this work using only objective criteria based upon the information obtained from the Proposals. The firms with the highest ranking based on experience and qualifications as described in the Proposal to provide the required services will be invited for interviews. The proposed project manager and personnel will be requested to represent the firm at the interviews. SELECTION CRITERIA The evaluation will consist of a matrix of requirements, qualifications and experience. The following criteria will be used in evaluating the submittals received in response to this RFP: • Background and experience of firm and personnel • Past performance and service on similar assignments/projects • Proposed approach and proposed scope of work to complete the Fred Richards Park Master Plan. • Technical qualifications of staff who will be working on the project • Price SELECTION PROCEDURE Consideration of a prospective consultant’s (firm’s) proposal will be made only if the prospective consultant meets all the minimum requirements of this RFP. The City reserves the right to adjust, increase, limit, suspend or rescind the rating based on subsequently learned information. The City reserves the right to award a contract to the firm (or firms) that present the best qualifications and which will best accomplish the desired results for the City. Any consultant (firm) deemed not qualified, or consultants (firms) who’s rating changes sufficiently to disqualify them, will be notified in writing. No consultant shall have the right to an appeal based upon an incomplete or late submission of the proposal. Request for Supplemental Information The City reserves the right to require, from any or all consultants (firms), supplemental information that clarifies submitted materials. Questions All questions regarding this solicitation should be directed to the City representative listed in this RFP. Do not attempt to contact other City staff members regarding your submittal or any related proposal submittal. Incomplete Proposals Incomplete and/or unsigned submissions will not be considered. However, if a submission is incomplete, and if it appears that the omission can be corrected promptly, the affected firm may be contacted and offered the opportunity to complete the proposal and provide the required information within a prescribed period of time, which will not extended. If a firm does not respond within the time stated, the Proposal will not be considered. Page | 8 Fred Richards Park Master Plan RFP Rejection of Submitted RFP Proposals that are not current, accurate, and/or completed accurately in accordance with the prescribed format shall be considered non-responsive and eliminated from further consideration. Selection Process Termination The City reserves the right to terminate the selection process, at any time, without making an award to any or all consultants. Disqualification Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration: • Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between consultant and the City; • Evidence of consultant’s inability to successfully complete the responsibilities and obligations of the proposal; and • Consultant’s default under any agreement, which results in termination of the agreement. Fred Richards Park Master Plan Interview Team IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW TTTTEAMEAMEAMEAM Ann Kattreh, Director of Parks and Recreation Susan Faus, Assistant Director of Parks and Recreation MJ Lamon, Project Coordinator Kelly Dumais, City Management Fellow Eileen McAwley, Park Board Member Tom Terwilliger, Resident Art Lowell, Resident Steve Curry, Resident Cliff Akins, Business Rep (Premiere Properties) Kristina Smitten, Business Rep (The Link) Maria Erickson, Business Rep (The Cradle Club) IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW SSSSCHEDULECHEDULECHEDULECHEDULE TUESDAY, SEPTEMBER 13 THURSDAY, SEPTEMBER 15 1: 00 pm – Loucks* • Nate Ekhoff, Landscape Architect • Antonio Rosell • Paul Kangas • Jody Radar 1:00 pm – Confluence* • Terry Minarik, Principal, Confluence • Teri Kwant, Dreambox • Jason Naber, Emmons and Oliver Resources • Brad Aldrich, Confluence 1:45 pm – HGKI* • Bryan Harjes, Vice President • Gabrielle Grinde, Landscape Architect • Jeff McMenimen 1:45 pm – Landform* • Danyelle Pierquet, Project Lead • Kendra Lindahl • Joy Miciano (Zan) 2:30 pm – SGA Group* • Graham Sones, Landscape Architect • Kevin Busch, Busch Architects, Inc • Robert Gunderson, SGA Group, Inc 2:30 pm – SHE* • Mike Horn, PLA • Toby Muse, SHE • Anna Springer • Kristin Peterson *Confirmed 3:15 pm – COEN+PARTNERS* • Robin Ganser • Ty • Dan Coyle, Kimley-Horn • Tory Christensen, Wetland Habitat Restoration • Danielle Tonrquist, Olio • Shane Coen 2 PPPPAPER APER APER APER PPPPROPOSALSROPOSALSROPOSALSROPOSALS –––– PPPPRIVATERIVATERIVATERIVATE Each team member will receive paper copies of each proposal submitted to the City. Team members are asked to review the proposal prior to the firm’s interview. The paper proposals received are private until the City makes a firm selection even though the name of the firm who submitted a proposal is public. Please keep the proposals confidential during the interview process and plan on turning them into MJ following the last interview on Thursday, September 15. IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW FFFFORMATORMATORMATORMAT Interviews are scheduled for 40 minutes in duration. There is a five minute buffer between interviews. The firms were not asked to give a formal presentation, but asked to prepare to answer questions about their proposal from the team. The following is an approximate time format for each interview: 5 minutes – Overview of the firm, team, and members working on the project 5 minutes – Experience working on similar projects 25 minutes – Interview Team Questions 5 minutes – Questions from the firm SSSSCORECARD CORECARD CORECARD CORECARD IIIINSTRUCTIONSNSTRUCTIONSNSTRUCTIONSNSTRUCTIONS Each interview team member will complete a scorecard to rate all seven firms in six identified focus areas. Under some of the focus areas is a description to give team members a better idea of what we are asking them to rate. The six focus areas included on the scorecard are: A. Qualifications of the team B. Experience with similar projects C. Project approach and scope What is included in the proposal? What is the process that will be utilized to get us to the end goal of a master plan that will receive support and approval from the residents, stakeholders, Park Board and City Council? As a stakeholder, will your needs be met? D. Understanding of project partnerships and stakeholders Immediate neighbors, Edina residents, neighboring businesses and future developments, Edina Park Board, Edina City Council, Three Rivers Park District, Nine Mile Creek Watershed District, athletic associations, recreational users, staff E. Public and Stakeholder Engagement What is their plan to engage stakeholders and get significant public participation in the planning process? How many meetings are included? What types of meetings are proposed? What other engagement methods will be utilized? 3 F. Proposed timeline/meeting schedule How long will the master planning process take? Is this realistic? The interview questions (below) have been selected to assist the team in getting a better picture of the firm’s plan. Each question is tied to an identified focus area to help interview team members in completing the scorecard. The community and business members will be asked to complete the scorecard in its entirety and leave it with MJ following the last interview on Thursday, September 15. City Staff are asked to complete their scorecards by Friday, September 16. IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW QQQQUESTIONSUESTIONSUESTIONSUESTIONS 1) Please introduce your firm and project team Focus area: A 2) Please familiarize us with similar projects that members of your team have completed. Focus area: B 3) Have you visited the site? What do you see as the biggest opportunities? What do you see as the biggest challenges? Focus area: C 4) This project requires working closely with multiple partners and stakeholders. Please describe one similar project. Focus area: D 5) We anticipate poor soils and issues with 100 year floodplain mapping. These may be limiting factors for design and construction, but also provide environmental, educational and recreational opportunities. Do you have experience on a similar project? How would you ensure we don’t design something we won’t be able to construct? Focus area: C, D 6) Does your proposal include a construction cost estimate for the final master plan design? Focus area: C 7) We’ve identified multiple key stakeholders as part of this process. How will you engage the stakeholders (3 Rivers Park District, 9 Mile Creek Watershed District, Neighbors, Businesses, Athletic Associations, Park Board, City Council, Recreational Users, General community) on this project? Do you have experience working with the Three Rivers Park District and Nine Mile Creek Watershed District? Focus area: E 8) Please describe your project approach and timeline for completion. Please include the number of meetings (staff, stakeholder, public) that are included in your proposal. Focus area: F Date: October 18, 2016 Agenda Item #: VIII.B. To:Mayor and City Council Item Type: Report / Recommendation From:Cary Teague, Community Development Director Item Activity: Subject:Sketch Plan Review: Kellogg Ave/VAlley View Road/Oaklawn Avenue Intersection Discussion CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Provide the applicant with informal Sketch Plan Review comments. Opinions or comments provided to the applicant shall be considered advisory only, and shall not constitute a binding decision on the request. INTRODUCTION: See attached staff memo ATTACHMENTS: Description Planning Commission Review Memo Date: October 18, 2016 Agenda Item #: VIII.C. To:Mayor and City Council Item Type: Report / Recommendation From:Cary Teague, Community Development Director Item Activity: Subject:Planning Commission 2018 Comprehensive Plan Update Charter Action, Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the Planning Commission Charter for the 2018 Comprehensive Plan. INTRODUCTION: Attached is the Planning Commission Charter for the 2018 Comprehensive Plan Update. The schedule to proceed is as follows: November 1, 2016 — Issue RFP. November 23, 2016 — Proposals due to be delivered to City Hall by 4:00 p.m. Week of December 12-16, 2016 — Interviews of short-listed consultants. The Task Force and staff shall conduct the interviews. Week of December 19-23, 2016 — Notification of selected consultant. Week of January 4, 2017 — Finalize contract, budget, timeline; commence project. ATTACHMENTS: Description 2018 Edina Comprhensive Plan Task Force Charter Draft RFP Draft Schedule 1 City of Edina, Minnesota Planning Commission 2018 Edina Comprehensive Plan Update Charter Project Overview The Planning Commission will lead the Task Force to guide and assist in the Edina 2018 Comprehensive Plan Update. The focus will be on the City's anticipated areas of change identified in the 2008 Comprehensive Plan, along with Met Council’s required chapter updates. The Planning Commission led Task Force will create a process and an outline for the 2018 Comprehensive Plan update. The Planning Commission will define the Task Force and the proposed overall timing of an action plan. Process Successful completion of the 2018 Edina Comprehensive Plan Update is the result of an extended effort by a number of parties. In Edina, key contributors to the process include the City Council, Planning Commission, the Task Force, City Board and Commissions, Residents, Consultants and staff. Staff Staff City Council Planning Commission Task Force Call for action and provide direction on project scope Review and approve the 2018 Comprehensive Plan Update for submittal to Met. Council Champion community engagement process Develop work group team charter and recruit participants Submit draft of the 2018 Comprehensive Plan for review Review and provide recommendation Staff Serve as technical resource Manage consultants Coordinate meetings Coordinate marketing Ensure regulatory compliance 2 Comprehensive Plan Task Force Membership: The proposed Planning Team membership for this project is: • Planning Commission (nine members, plus two students) • Two City Staff Members (will serve as liaisons to rest of City Staff). • The Task Force will hire consulting team(s), as needed for specific needs. • Task Force membership to be confirmed by City Council. • Will need Task Force Chair and Vice-Chair appointments. Member Responsibilities The Task Force should be committed to advocating for the process over individual preferences. Members of the Task Force have the following responsibilities: • Advise on best methods to achieve the update, taking into account revised policies made after the last Comprehensive Plan Update (e.g. Living Streets, Wooddale/Valley View SAP). • Advocate for the broader city visioning process and plan. • Advise on the overall project timing and public participation events. • Liaison with new and/or in progress Small Area Plans (SAP's) for areas identified as potential change areas. Anticipate 1-2 Task Force members would align with each SAP. Resident work groups are anticipated with each Small Area Plan to be selected by the Task Force. • Work with other City Boards and Commissions for their in-put; A Task Force member will be the main liaison with each individual Board/Commission, along with their usual city staff liaison. • Hold a round table discussion with Planning Commission alumni for their input. • Lead or assist with the coordination and facilitation of public meetings. • Advise on the best methods to achieve public participation in the SAP with the focus of local area stake holders. • Help to identify issues and concerns within the SAP area. • May lead or assist with the coordination and facilitation of public meetings. • Clarify themes from information gathered during the public input process and ensure that focus reflect those themes. • Brainstorm solutions when conflicts exist between neighborhood goals and larger community goals. • Present updates to Planning Commission after the public participation is completed. • Ensure that projects remains on schedule. • Present updates to City Council during various stages of the plan update. • Hold a work Comprehensive Plan Focus Areas 3 The vast majority of Edina is already developed so overall land use and zoning is not anticipated to change substantially, if at all. The, goal for the 2018 Comprehensive Plan Update is to concentrate on the Met Council’s required chapter updates and the anticipated areas of potential change as follows: • Valley View/Woodale (Complete) • Southdale Area (in progress - Phase 2 complete soon) • Grandview (in progress) • 70th & Cahill • 50th & France • 44th & France Meeting Timing/Public Information Each of the SAPs will have two or three public input sessions as part of both the SAP and the Comprehensive Plan Update. In addition there would be at least two general Comprehensive Plan public input sessions. The individual Boards/Commissions may also have public meetings for their particular chapter updates. It is anticipated that scheduled Planning Commission meetings (and/or work sessions before the meetings) will be the primary TASK FORCE meeting times. Process and schedule will be publicized and meetings will be open to the public. The City will provide a media/communications plan to in support of on- going information dissemination. Project Timeline The City is anticipating a timeframe for the project as attached. The ultimate goal is to have the Comprehensive Plan Update submitted to the Metropolitan Council for review by December 31, 2016. Page | 1 Edina 2018 Comprehensive Plan Update RFP 2018 2018 2018 2018 COMPREHENSIVECOMPREHENSIVECOMPREHENSIVECOMPREHENSIVE PLAN PLAN PLAN PLAN UPDATE REQUEST FOR PROPOSALUPDATE REQUEST FOR PROPOSALUPDATE REQUEST FOR PROPOSALUPDATE REQUEST FOR PROPOSAL RFPRFPRFPRFP SSSSCHEDULECHEDULECHEDULECHEDULE Proposal Submittal Deadline: November 23, 2016 Interview for Selected Consultants: Week of December 12, 2016 Consultant Selection Communicated: Week of December 26, 2016 City Council Approval of Consultant Contract: January 3, 2017 Proposals shall be submitted no later than 4:00 pm on the above date. Send proposals to: Cary Teague City of Edina, Community Development 4801 West 50th Street Edina, MN 55424 LIMITATIONLIMITATIONLIMITATIONLIMITATION The Request for Proposal does not commit the City of Edina (City) to award a contract or pay any cost incurred in the preparation of the proposal. The City reserves the right to reject any of all proposals or portions thereof, to accept a proposal or portion thereof, and to waive any informality. CCCCONTACT ONTACT ONTACT ONTACT IIIINFORMATIONNFORMATIONNFORMATIONNFORMATION All questions regarding this proposal should be directed to the Community Development Department. Cary Teague Kris Aaker cteague@edinamn.gov kaaker@edinamn.gov 952.826.0460 952-826-0461 CCCCONTENTSONTENTSONTENTSONTENTS Executive Summary & Background Information ........................................................................................... 2 Scope of Work ............................................................................................................................................... 3 Schedule & Budget ........................................................................................................................................ 4 Consultant Responsibilities ........................................................................................................................... 4 Products and Deliverables ............................................................................................................................ 7 Submission Requirements ............................................................................................................................ 8 Selection and Interview Process ................................................................................................................... 9 Terms and Conditions of Request ............................................................................................................... 10 Page | 2 Edina 2018 Comprehensive Plan Update RFP EEEEXECUTIVE XECUTIVE XECUTIVE XECUTIVE SSSSUMMARY UMMARY UMMARY UMMARY &&&& BBBBACKGROUND ACKGROUND ACKGROUND ACKGROUND IIIINFORMATIONNFORMATIONNFORMATIONNFORMATION The City of Edina is seeking a firm or team of interdisciplinary planning and design professionals with experience in comprehensive planning, especially with municipalities in the Twin Cities metropolitan area. Located immediately southwest of Minneapolis in Hennepin County, the City of Edina is a vibrant community of 50,261 residents. Edina has always been a community that has recognized the importance of its past while preparing itself for the future. From its incorporation in 1888 as a milling area on the banks of Minnehaha Creek, Edina has evolved to be a model among municipalities in the Twin Cities metropolitan area. Major highways run through or are close to Edina, making it accessible to all areas within the Twin Cities metropolitan area and the Minneapolis/St. Paul International Airport. It has been an innovator and leader in many ways as evidenced by being the first Minnesota Village to adopt a comprehensive zoning ordinance in 1929, construction of the Country Club neighborhood in 1924, establishing and upgrading the 50th and France commercial neighborhood starting in the 1930s, opening of Southdale Center in 1956 as the nation’s first fully enclosed, climate-controlled regional shopping mall, development of Centennial Lakes and Edinborough, which have become contemporary models for the integration of commercial and residential land uses. Edina offers high quality housing, including single-family homes, townhomes, and high-density high-rise condominiums and apartments. Open space amenities abound, including golf courses, playing fields, biking and walking paths, and a full range of neighborhood and community parks. Edina has achieved these and many other successes as a community in a number of ways. One of the key attributes of the community’s success has been the interest in proactively preparing itself for the future. A key element in preparing for future success is revising and updating Edina’s Comprehensive Plan to reflect and promote Edina’s vision for the future. The Metropolitan Land Use Planning Act requires local units of government to submit Comprehensive Plan updates every ten years with the next update scheduled for 2018. The Met Council reviews the plan amendments to determine their conformity with metropolitan system plans, conformity with adopted plans of the Council and compatibility with plans of other local jurisdictions. The City of Edina’s Comprehensive Plan is a public document that describes a vision for how the community wants to develop over a specified time period. The Metropolitan Council regional planning effort now identified as Thrive MSP 2040 has specific Plan Elements that need addressing in Edina’s Comprehensive Plan Update. Local plans are required to include specific content areas. New requirements have been added by the Council since the last Comprehensive Plan Update and will need to be incorporated into Edina’s 2018 Plan. Many of those required elements are already in the current Plan with those new Plan Elements for 2018 identified as “Resilience” and “Competitiveness”. RRRREQUIRED EQUIRED EQUIRED EQUIRED PPPPLAN LAN LAN LAN CCCCOMPONENTSOMPONENTSOMPONENTSOMPONENTS The current Edina Comprehensive Plan was completed in 2008. The City of Edina is seeking consultant assistance in preparing its 2018 Comprehensive Plan Update, in conformance with Metropolitan Council requirements. The City seeks to integrate work done to date and work in progress. The City wants the comprehensive plan update process to focus on the expected areas of potential change that were outlined in the 2008 Comprehensive Plan for future study and resulting Small Area Plans. The comprehensive plan update should produce implementation tools and strategies in support of a broader community vision and goals to shape future change. Assistance is desired for: • Plan Elements as outlined under Comprehensive Plan Elements and City Partnerships Page | 3 Edina 2018 Comprehensive Plan Update RFP • Initiate, study and complete three Small Area Plans for the 44th and France, 50th and France and 70th and Cahill areas for adoption into the 2018 Comp Plan Update • Assist in the completion of the small area plans currently in process for the Greater Southdale Area and the Grandview Area for adoption into the 2018 Comp Plan update • Evaluate/readdress the 2015 Valley View and Wooddale Small Area Plan for adoption into the 2018 Comp Plan Update • Create an Implementation Plan SSSSCOPE OF COPE OF COPE OF COPE OF WWWWORKORKORKORK The City of Edina shall provide all available existing documentation to the consultant and will schedule, coordinate, and make all necessary arrangements for meetings conducted by the consultant during the course of this project. The consultant will take a lead role in all public forums, workshops, meetings, and hearings. City staff shall be available to the consultant in a supporting role during this period. THE FOLLOWING IS A LIST OF EXPECTED TASKS OF THE CONSULTANT (TO BE DETAILED IN THE FINAL CONTRACT WITH THE SELECTED CONSULTANT): • Initial meeting with City staff to review the project scope, work program, overall schedule, and to set dates for significant public meetings/workshops. • Obtain existing plans, maps and documents relevant to the project. • Create and lead a public engagement process to obtain input, guidance, and opinions on the areas of potential change, and to build consensus on the future of these areas of change and develop goals for growth management and development/redevelopment in a small area format. Work has begun on Planning in Southdale area. • Conduct meetings with key elected and appointed officials. • Conduct weekly review meetings and/or telephone conferences with City staff to discuss project progress and drafts for review. Meet periodically (to be determined) with the Planning Commission Comp Plan Update Task Force. • Make periodic presentations to the Planning Commission and to City Council to update them on project progress. Some of these sessions may be joint meetings. • Develop goals, objectives, policies and implementation strategies based on public input, for those Small Area Plan elements for which this consultant has PRIMARY RESPONSIBILITY (see following page). • Analyze the consistency of the current Edina Comprehensive Plan July 2008, and current City ordinances and policies, in relation to the emerging goals and objectives developed through this Comprehensive Plan Update process. • Draft elements are to be completed and submitted to the City for review, comment, and approval based upon the schedule developed at the beginning of this planning process. Not only will this enable the project to remain at a manageable scale, it will also allow City staff to monitor effectively the progress of the work program. • Prepare a "Public Draft for Review' document and present this to the Planning Commission and to City Council. • Prepare a "Final Draft" document and make a final presentation at a public hearing for final review and adoption of the 2018 Edina Comprehensive Plan Update. Page | 4 Edina 2018 Comprehensive Plan Update RFP SSSSCHEDULE CHEDULE CHEDULE CHEDULE &&&& BBBBUDGETUDGETUDGETUDGET SCHEDULE The project is expected to commence January 2017 and conclude by October 31, 2018. The City has a draft schedule available for the consultant to review. Consultants should include the meetings and check in points on the City’s calendar with their proposed schedule. BUDGET The City of Edina has allocated $135,000 for this project. CCCCONSUONSUONSUONSULTANT LTANT LTANT LTANT RRRRESPONSIBILITIES ESPONSIBILITIES ESPONSIBILITIES ESPONSIBILITIES In the following section there is a list of Comprehensive Plan elements detailing assistance desired from the consultant. The consultant shall take primary responsibility for completion of certain plan elements, while providing support and assistance to other City staff and citizen advisory groups as identified below, and implementing a plan for community engagement. The consultant shall be responsible for ensuring responsiveness of Comprehensive Plan elements (listed under COMPREHENSIVE PLAN ELEMENTS AND CITY PARTNERSHIPS) to Metropolitan Council requirements, especially with regard to conformance with all metropolitan systems policy plans, consistency with requirements of the Metropolitan Land Planning Act and Metropolitan Council policies, and compatibility with the plans of other local jurisdictions, including school districts. CCCCOMPREHENSIVE OMPREHENSIVE OMPREHENSIVE OMPREHENSIVE PPPPLAN LAN LAN LAN EEEELEMENTSLEMENTSLEMENTSLEMENTS AND AND AND AND CCCCITY ITY ITY ITY PPPPARTNERSHIPSARTNERSHIPSARTNERSHIPSARTNERSHIPS The following list is the Comprehensive Plan elements the consultants will be responsible for. The City will require the consultant to work closely with identified City Staff and several citizen advisory groups who will assist and review plan elements related to their expertise and service to the City. These departments and groups are detailed in a bullet list under the plan element. During the updated process, this list and/or the groups identified may change. EXECUTIVE SUMMARY Prepare an executive summary of the complete Comprehensive Plan, including both the comprehensive plan elements and city partnerships. INTRODUCTION, BACKGROUND, AND EXISTING CONDITIONS History; Regional Planning Area designations; population, household, and employment forecasts; demographic changes and trends; economic data. COMMUNITY PROFILE/DEMOGRAPHICS Update population, housing, employment trends and challenges and build on the Met Council’s Local Planning Handbook information regarding demographics, housing, future projections, Community Profile. VISION AND GOALS The City of Edina established a Vision Edina strategic plan in 2015. This document should be reviewed prior the preparation of the Comprehensive Plan’s Vision and Goals chapter. The Plan should include a Page | 5 Edina 2018 Comprehensive Plan Update RFP description of the standards and programs for implementing the Comprehensive Plan, as required by the Met Council. LAND USE PLAN AND URBAN DESIGN FRAMEWORK Review the Met Council’s existing land use maps in the Met Council’s Local Planning Handbook; draft/propose and map desired future land use and development densities specifically in those areas identified for change and small area plans. Draft city-wide urban design framework for both public and private properties. The Land Use section needs to be updated to reflect current land use and add all new Met Council required Plan Elements. The updated plan needs to reflect Edina’s attitude on future growth. The majority of Edina’s land is fully-developed and will likely see little change. Edina needs to grow and change and shape that change to better meet the demographic changes it will experience in the coming two decades. It will be the primary responsibility of the consultant to initiate, study, over-see/coordinate efforts of Small Area Plan work groups for each designated area, conduct out-reach meetings for each designated area and complete the Small Area Plans for the three study areas outstanding in the current Comprehensive Plan. The Small Area Plans to be initiated and completed by the consultant are the 44th and France, 50th and France and the 70th and Cahill areas. Each of those study areas will need to be completed and shall be consistent with the requirements of the Metropolitan Council to become part of the Land Use Section of the 2018 Comprehensive Plan Update. Two other areas designated for change in the current Comprehensive Plan include the Grandview and Greater Southdale areas. These areas are currently under study and are anticipated to produce plans that shall be folded into the Comprehensive Plan update by the consultant as part of the consultant’s primary responsibilities of the Plan Update. It will be the consultant’s responsibility to work with the current consultant on Southdale area plan and help complete these continuing efforts. The Valley View and Wooddale Small Area Plan was completed and adopted into the Comp Plan in 2015 and will need to be re-addressed in the 2018 Plan update. The Greater Southdale Area Planning Framework and Grandview Transportation Study will need to be done in conjunction with the work on the Transportation chapter and will be completed under a separate contract through the Engineering Department. The goals, policies, and objectives of this chapter should be reviewed and revised to speak to overall livability and the desire to have Edina be a full service urban community offering life-cycle housing with walking, biking and transit options to a flourishing business community. • Community Development Office • Planning Commission HOUSING Identify housing needs, and evaluate future needs while incorporating all new required Met Council Plan Elements. Add text/explanation and a map of the City Council approved neighborhoods. Summarize/include the Policy on Affordable Housing adopted by the City Council in 2015 as a response to housing demand and opportunities, stemming from a desire to foster diversity. Include a discussion of schools and the Districts and their importance to the community and its future. • Community Development Office • Human Rights and Relations Commission RESILIENCE /ENERGY AND ENVIRONMENT Review and revise/update all sub-sections of the chapter including: Climate change and global warming, energy, solar protection, residential/commercial/industrial/city energy consumption, waste Page | 6 Edina 2018 Comprehensive Plan Update RFP and air. Add all new required Met Council Plan Elements including “Resilience” requirements. This is a new Plan Element required by the Met Council that is meant to integrate strategies into the Update for communities to be more resilient in the face of changing climate. This will more than likely be integrated into the Climate Change and Global Warming sub-chapter of the Energy and Environment portion of the Comp Plan Update. • Administration Department (Sustainability Coordinator) • Energy and Environment Commission STRATEGIC ECONOMIC PLAN AND COMPETIVENESS COMPONENT Create a new chapter that satisfies the Met Council’s Competiveness Plan Element. Identify activities that directly aim to retain, attract and grow businesses that bring wealth and prosperity to Edina. A focus will be on the Greater Southdale Area. Examine the feasibility of the anticipated growth plan for the Southdale Area. • Community Development • Planning Commission • Economic Development HERITAGE PRESERVATION PLAN Review and assist staff in the Update Current Conditions/Historic Context and Inventory. Identify any new trends and challenges. Review and update Goals and Policies. • Heritage Preservation Board TRANSPORTATION PLAN The Transportation Plan, including analysis of roads, bicycle and pedestrian requirements, transit, and aviation, will be completed under a separate contract through the Engineering Department. • Transportation Commission • Engineering Department WATER RESOURCE MANAGEMENT PLAN The Water Resource Management Plan, including water supply, wastewater, and surface water, will be completed under a separate contract through the Engineering Department. PARKS, OPEN SPACE, AND NATURAL RESOURCES PLAN Review and assist in the final edit of the staff-prepared Parks, Open Space, and Natural Resources Plan. Update current conditions including the conversion of the Fred Richards golf course, updates to Brea mar golf course and the 9-Mile Creek/3 Rivers corridor among others. Review and revise goals and polices as needed. Identify trends and challenges going forward. • Parks and Recreation Department • Park Board COMMUNITY SERVICES AND FACILITIES PLAN Review and assist in the final edit of the staff-prepared Community Services and Facilities Plan which includes assessments throughout several city departments. Departments will be asked to determine what they feel their needs might be in the next ten years. Much will depend on what is foreseen in the Page | 7 Edina 2018 Comprehensive Plan Update RFP changes in demographics over the last ten years, and the demographic projections, including changes in the workforce population. • City Administration • Health • Public Safety • Communication and Technology Services • Police and Fire • Schools HEALTHY COMMUNITIES – NEW PLAN ELEMENT Add a “Healthy Communities” or public health and wellness section to the Comprehensive Plan Update. This will tie- in with other sections of the Plan including Park and Recreation, Transportation, etc. • Community Health Commission CCCCOMMUNITY OMMUNITY OMMUNITY OMMUNITY EEEENGAGEMENTNGAGEMENTNGAGEMENTNGAGEMENT Public participation is a key element in this process. Outreach activities should focus on a variety of stakeholders including neighborhood residents, neighboring businesses and future business developments, Boards and Commissions, and the Edina City Council. The community outreach efforts may include: • Public Meetings • Stakeholder interviews • Site walks • Website • Surveys • Other methods to measure the public’s reaction to the process and adjust the planning process as necessary PPPPRODUCTS AND RODUCTS AND RODUCTS AND RODUCTS AND DDDDELIVERABLESELIVERABLESELIVERABLESELIVERABLES The 2018 Comprehensive Plan Update shall be presented in a narrative text format (Microsoft Word —8 1/2" X 11" three-ring binder format) with maps (ArcView) that is user-friendly and easily comprehended by the general public. The consultant shall make every effort to minimize the use of technical planning jargon. The City’s Communications Technology Services and Planning Department staff will edit the draft and final document, including the Executive Summary; as needed, the City will incorporate maps and other illustrative graphics. The consultant shall deliver: 1. Thirty (30) printed, bound, color copies of the DRAFT Plan 2. Fifteen (15) printed, bound color copies of the FINAL Plan 3. An electronic copy submitted on a flash drive of both the DRAFT and FINAL Plans in a printer ready and editable format that includes all text, GIS map data and graphics (tables, charts, photos, drawings) in a format compatible with those programs utilized by the City of Edina. Page | 8 Edina 2018 Comprehensive Plan Update RFP SSSSUUUUBMISSION BMISSION BMISSION BMISSION RRRREQUIREMENTSEQUIREMENTSEQUIREMENTSEQUIREMENTS The Proposal response should be fully self-contained, and display clearly and accurately the capabilities, knowledge, experience, and capacity of the respondent to meet the requirements of the project and the RFP. Respondents are encouraged to utilize methods they consider appropriate in communicating the required information. At a minimum, this will include submission of the information requested below: • Full name of the municipality the work was prepared for • Firm Description & Experience • Approach to Fulfilling Project Objectives • Proposed schedule for project completion • Total Project Cost and Fee Schedule • Number and type of meetings included Fifteen (15) bound copies, plus an electronic copy submitted on a flash drive of all documents should be submitted to the City of Edina Community Development Department at 4801 West 50th Street no later than 4:00 pm Wednesday, November 23 2016. Submittals and questions can be sent to Cary Teague, Community Development Director, at cteague@edinamn.gov. Interviews with the most qualified firms will be held on the week of December 12, 2016. In order to be considered, all requested information shall be submitted. All material shall be presented in a succinct manner in the same order as presented in this RFP. The City will not be responsible for proposals delivered to a person/location other than that specified above. FFFFIRM IRM IRM IRM DDDDESCRIPTIONESCRIPTIONESCRIPTIONESCRIPTION AND AND AND AND EEEEXPERIENCEXPERIENCEXPERIENCEXPERIENCE CONSULTANT Name, address, contact information, website address, firm history, number of employees in the firm and office locations. PRIMARY CONTACTS Name, title, and contact information for the primary person who will be the contact for the RFP process. STATEMENT OF PHILOSOPHY AND PROJECT UNDERSTANDING Provide a concise (one page) statement outlining the philosophy of the firm(s) in approaching projects of this nature, the public engagement process, and the team's grasp of the issues and goals particular to this project. TEAM COMPOSITION For each individual (and sub-contracted firm) assigned to this project, provide names, titles, and qualifications. This section should include descriptions of the respective roles that will be played by team members on this project. A resume (no more than one page in length) should be included for key team members in an addendum to the proposal. Provide an organization chart describing staff available to handle the desired work. CURRENT/PRIOR EXPERIENCE WITH MUNICIPAL PROJECTS Provide examples with an emphasis on Comprehensive Plan projects. List up to five (5) projects, starting with the most recent, that the professional personnel of your firm have worked within the past 10 years. Provide the year the project was performed, the name of the municipality/jurisdiction, address, Page | 9 Edina 2018 Comprehensive Plan Update RFP and contact name and phone number, e-mail address and the scope of work performed. Other related experience may be included. STATEMENT A statement indicating the firm is independent, properly licensed and insured to practice in Minnesota, and has no conflict of interest with regard to any other work performed by the firm for the City. AAAAPPROACH TO PPROACH TO PPROACH TO PPROACH TO FFFFULFILLING THE ULFILLING THE ULFILLING THE ULFILLING THE SSSSCOPE OF COPE OF COPE OF COPE OF WWWWORK AND ORK AND ORK AND ORK AND CCCCOMPREHENSIVE OMPREHENSIVE OMPREHENSIVE OMPREHENSIVE PPPPLAN LAN LAN LAN EEEELEMENTSLEMENTSLEMENTSLEMENTS TASKS Provide the tasks and narrative of how your firm will comply with fulfilling the scope of work while being inclusive of the comprehensive plan elements and maximizing the expertise of the City partnerships. Outline any special services and products your firm has to meet our needs and not exceed the agreement amount. SERVICES A description of how the firm provides the desired services and quality control to assure adequate level of service and successful project completion and management. PPPPROPOSEDROPOSEDROPOSEDROPOSED SSSSCHEDULECHEDULECHEDULECHEDULE A time frame or chart showing start dates and major milestones along the way. The City has created a draft schedule including meetings and check point dates. This calendar should be used as a guide to create a proposed schedule. At a minimum, the meetings with the Planning Commission and City Council will be required. BBBBUDGETUDGETUDGETUDGET Provide a proposed budget (estimated fees and expenses) to perform each task in the work program and to complete the total project (including hours for each team member and their hourly rates). The budget should also include an itemization of anticipated expenses, as well as a description of approaches that will be used to contain costs and ensure quality control. Provide an itemized rate schedule that reflects the work proposed. The rate schedule should include typical hourly charge rates for labor classifications anticipated. SSSSELECTION ELECTION ELECTION ELECTION AND AND AND AND IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW PPPPROCESSROCESSROCESSROCESS SSSSELECTION ELECTION ELECTION ELECTION TTTTEAMEAMEAMEAM The City will rate prospective consultants (firms) for this work using only objective criteria based upon the information obtained from the Proposals. The firms with the highest ranking based on experience and qualifications as described in the Proposal to provide the required services will be invited for interviews. The proposed project manager and personnel will be requested to represent the firm at the interviews. Page | 10 Edina 2018 Comprehensive Plan Update RFP SSSSELECTION ELECTION ELECTION ELECTION CCCCRITERIARITERIARITERIARITERIA The evaluation will consist of a matrix of requirements, qualifications and experience. The following criteria will be used in evaluating the submittals received in response to this RFP: • Background and experience of firm and personnel • Past performance and service on similar assignments/projects • Proposed approach and proposed scope of work to complete Plan update • Technical qualifications of staff who will be working on the project • Price IIIINTERVIEW NTERVIEW NTERVIEW NTERVIEW PPPPROCESSROCESSROCESSROCESS The selection team will rate each RFP based on the selection criteria. The findings from this examination will determine the consultants invited to do a personal interview. The selected consultants will be expected to make a formal presentation on the content of its proposal and its ability to undertake the required work. Key project personnel will be expected to participate in the interview. Interviews will be scheduled for the week of December 12. TTTTERMS AND ERMS AND ERMS AND ERMS AND CCCCONDITIONS OF ONDITIONS OF ONDITIONS OF ONDITIONS OF RRRREQUESTEQUESTEQUESTEQUEST The following conditions apply to this RFP: Consideration of a prospective consultant’s (firm’s) proposal will be made only if the prospective consultant meets all the minimum requirements of this RFP. The City reserves the right to adjust, increase, limit, suspend or rescind the rating based on subsequently learned information. The City reserves the right to award a contract to the firm (or firms) that present the best qualifications and which will best accomplish the desired results for the City. Any consultant (firm) deemed not qualified, or consultants (firms) who’s rating changes sufficiently to disqualify them, will be notified in writing. No consultant shall have the right to an appeal based upon an incomplete or late submission of the proposal. 1. Receipt of Proposals To be considered, proposals must be received at the location provided and within the time period specified in the Request for Proposals (RFP). Responses received after the specified date and time shall be returned unopened 2. Proposals NOT a Contract/NOT Eligible for Cost Reimbursement A response to this RFP should not be construed as a contract or an indication of a commitment of any kind on the part of the City nor does it commit to pay for the costs incurred in the proposal submission or for any cost incurred prior to the execution of a final contract. 3. Request for Supplemental Information The City reserves the right to require, from any or all consultants (firms), supplemental information that clarifies submitted materials. This request does commit the City to pay for costs incurred for the supplemental information. 4. Clarification of Terms All questions regarding this solicitation should be directed to the City representative listed in this RFP. Do not attempt to contact other City staff members regarding your submittal or any Page | 11 Edina 2018 Comprehensive Plan Update RFP related proposal submittal. Questions concerning this proposal should be submitted by 4:00pm on Wednesday, November 16. 5. Proposals to be in Effect Each proposal shall state that it is valid for a period of ninety (90) calendar days from the date of submission. 6. Signature Requirements Proposals must be signed by a representative with the authority to bind the company with his/her signature. Joint ventures or teams submitting proposals are permitted, but will not be considered responsive unless it is established that all contractual responsibility rests solely with one firm or one legal entity which shall not be a subsidiary or affiliate with limited resources. Each proposal shall indicate the entity responsible for contract execution on behalf of the proposal team. 7. Investigation of Qualifications The City reserves the right to conduct reasonable investigations as deemed proper and necessary with respect to the experience and qualifications of each proposer to determine the ability of a proposer to perform the work or to furnish the items specified in the RFP. 8. Incomplete Proposals Incomplete and/or unsigned submissions will not be considered. However, if a submission is incomplete, and if it appears that the omission can be corrected promptly, the affected firm may be contacted and offered the opportunity to complete the proposal and provide the required information within a prescribed period of time, which will not extend. If a firm does not respond within the time stated, the Proposal will not be considered. 9. Acceptance or Rejection of Proposals The City reserves the right to accept or reject any or all proposals or portion of any proposal, to negotiate with proposers for amendments or other modifications to their proposals, to advertise for new responses, and/ or to accept any response deemed to be in the best interest of the City. 10. Selection Process Termination The City reserves the right to terminate the selection process, at any time, without making an award to any or all consultants. 11. Disqualification Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration: • Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between consultant and the City; • Evidence of consultant’s inability to successfully complete the responsibilities and obligations of the proposal; and Page | 12 Edina 2018 Comprehensive Plan Update RFP • Consultant’s default under any agreement, which results in termination of the agreement. 12. Selection of Consultant The City reserves the right to select the proposal that best satisfies the interests of the City and not necessarily on the basis of price or any other single factor. 13. Term of Contract The initial term of the contract will be approximately 24 months from the date of award or until the services are completed. This contract may be extended at the expiration of its terms by agreement of all parties. The City reserves the right to cancel the contract on thirty (30) notice. Co m p r e h e n s i v e P l a n U p d a t e Ed i n a , M i n n e s o t a Pr o j e c t S c h e d u l e f o r s t a f f a n d c o n s u l t a n t s Tr a c k / T a s k D e s c r i p t i o n O N D J F M A M J J A S O N D J F M A M J J A S O N D Tr a c k 1 : P r o j e c t S t a r t - u p , P r o j e c t M g t a n d C o m m u n i c a t i o n s Ta s k 1 : P r o j e c t s t a r t - u p , T a s k F o r c e f o r m a t i o n Ta s k 2 : M t g s b e t w e e n T a s k F o r c e , C i t y s t a f f a n d c o n s u l t a n t s Ta s k 3 : L i a i s o n w i t h D i s t . 5 M e t C o u n c i l M e m b e r a n d S e c t o r R e p . Tr a c k 2 : R e v i e w o f P r e v . W o r k / I n v e n t o r y / A s s e s s m e n t Ta s k 1 : R e v i e w p r e v i o u s c o m p . p l a n , M e t C o u n c i l s y s t e m s t a t e m e n t Ta s k 2 : I n t e r v i e w s w i t h k e y s t a k e h o l d e r s Ta s k 3 : A s s e m b l e b a c k g r o u n d d a t a Tr a c k 3 : P u b l i c E n g a g e m e n t a n d R e v i e w P r o c e s s Ta s k 1 : M t g s w i t h P l a n n i n g C o m m i s s i o n / T a s k F o r c e ( 2 4 ) Ta s k 2 : M t g s / C o m m u n i t y F o r u m s ( S A P p l a n n i n g ) w i t h p u b l i c ( 1 6 ) ; f o c u s g r o u p s Ta s k 3 : M t g s w i t h S c h o o l D i s t r i c t s ( 3 ) Ta s k 4 : M t g s w i t h C i t y C o u n c i l ( 7 ) Ta s k 5 : W e b S i t e u p d a t e s ; m e d i a b r i e f i n g s Tr a c k 4 : D e v e l o p C i t y - w i d e P l a n C o m p o n e n t s Ta s k 1 : I n t r o , B a c k g r o u n d , E x i s t i n g C o n d i t i o n s ; V i s i o n / G o a l s Ta s k 2 : L a n d U s e a n d U r b a n D e s i g n e l e m e n t / S m a l l a r e a p l a n s Ta s k 3 : H o u s i n g e l e m e n t Ta s k 4 : H e r i t a g e P r e s e r v a t i o n e l e m e n t Ta s k 5 : T r a n s p o r t a t i o n ( i n c . L i v i n g S t r e e t s ) e l e m e n t Ta s k 6 : W a t e r R e s o u r c e M a n a g e m e n t e l e m e n t Ta s k 7 : P a r k s a n d O p e n S p a c e ( i n c , N a t u r a l R e s o u r c e s ) e l e m e n t Ta s k 8 : C o m m u n i t y S e r v i c e s a n d F a c i l i t i e s ( C i t y A d m i n . , H e a l t h , P u b l i c S a f e t y , Sc h o o l s , I T , a n d C o m m u n i c a t i o n s a n d M a r k e t i n g ) e l e m e n t Ta s k 9 : R e s i l e n c e E l e m e n t ( H e a l t h S a f e t y , P u b l i c W o r k s ) Ta s k 1 0 : C o m p e t i t n e n e s s E l e m e n t / E c o m o m i c P l a n ( E c o n o m i c D e v e l o p m e n t ) Ta s k 1 1 : I m p l e m e n t a t i o n P r o g r a m ( O f f i c i a l C o n t r o l s , C I P , H s g I m p . ) Ta s k 1 2 : D r a f t / c o m p i l e F i n a l C o m p P l a n , i n c . E x e c . S u m m a r y Tr a c k 5 : F i n a l P r o d u c t s a n d R e v i e w P r o c e s s Ta s k 1 : R e v i e w b y a d j a c e n t c i t i e s a n d s c h o o l d i s t r i c t s ( u p t o 6 m o s . ) Ta s k 2 : R e v i e w b y M e t C o u n c i l ( u p t o 1 2 0 d a y s ) Ta s k 3 : F i n a l P u b l i c H e a r i n g a n d A d o p t i o n b y C i t y C o u n c i l Ta s k 4 : C o m p l e t e f i n a l C o m p P l a n d o c u m e n t ( p r i n t a n d d i g i t a l ) DR A F T 1 0 - 1 8 - 1 6 20 1 6 2 0 1 7 2 0 1 8 Date: October 18, 2016 Agenda Item #: VIII.D. To:Mayor and City Council Item Type: Report / Recommendation From:Debra A Mangen, City Clerk Item Activity: Subject:Resolution No. 2016-99: Accepting Various Donations Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Adopt resolution. INTRODUCTION: In order to comply with State Statutes, all donations to the City must be adopted by a resolution approved by four favorable votes of the Council accepting the donation. I have prepared the attached resolution detailing the various donors, their gifts and the departments receiving donations for your consideration. ATTACHMENTS: Description Resolutioin No. 2016-99 Accepting Various Donations RESOLUTION NO. 2016-99 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 Parks & Recreation – Art Center: Gloria Cooper 13 Art Magazine Art Center Library Crosstown Camera Club $100.00 Members’ Juried Show Edina Police Department: Edina Crime Fund $50,654.75 Purchase of Replacement Rifles Dated October 18, 2016 Attest: Debra A. Mangen, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of October 18, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______________ day of ___________________, ____________. City Clerk Date: October 18, 2016 Agenda Item #: IX.A. To:Mayor and City Council Item Type: Other From:Debra A. Mangen, City Clerk Item Activity: Subject:Correspondence Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Attached is the correspondence received since the last City Council meeting. ATTACHMENTS: Description Staff Report Correspondence Through 2016-10-07 noon Correspondence through 2016-10-14noon Correspondence through 2016-10-17 Correspondence through 2016-10-18 October 18, 2016 MAYOR & CITY COUNCIL Debra A. Mangen, City Clerk Correspondence Information / Background: Attached is correspondence received since the City Council’s last meeting. From:Edward Pinto To:Edward Pinto Subject:With attachment- Economical Rental Housing by Design for Communities that Work Date:Thursday, September 29, 2016 7:43:03 PM Attachments:image001.png Economical Rental Housing by Design for Communities That Work.pdf Dear Mayor, The International Center on Housing Risk is pleased to announce the release of “Economical Rental Housing by Design for Communities that Work” (attached) a paper by Tom White, Charlie Wilkins, and Edward Pinto. http://www.aei.org/publication/economical-rental-housing-by-design-for-communities- that-work/ The paper will be presented at the AEI 1st Annual Conference on Economical Housing By Design sponsored by the National Multifamily Housing Council on Oct. 4. Register using the RSVP button found at: http://www.aei.org/events/first-annual-aei-conference-on-economical-workforce-and- entry-level-housing/. There is no charge to attend. The event will also be live-streamed. Summary: This paper advocates for a market-rate, unsubsidized approach for producing economical rental housing largely intended for service and line-production workers—workers that account for 38 percent of national private and public jobs. The paper includes primers on rental housing economics and policies and a report on efforts thus far to implement our recommendations. The authors will be updating this paper as the first developments move forward and as we acquire new information. At a later date, we intend to broaden our scope to include ownership housing. In this paper, we make the case that (mostly local) regulation of apartment development is misguided and has harmed workers and their employers—and thus has also harmed the local economy in general. In making our case, we do not suggest that local governments are perversely motivated, that voters are venal, or that local officials are incompetent. Rather, we recognize that the status quo exists because political actors created it in the belief that it would be a good system. As is often the case, such political and policy efforts had unintended consequences. There is strong demand by workers for apartments that rent for $600 to $900 per month (plus utilities) and are located near jobs. Yet neither the market-rate private rental market nor the subsidized private and public rental market are meeting this demand. In the case of market-rate private rentals, a host of unwise government policies results in minimum achievable rents that are over (typically well over) $1,000 per month. In the case of subsidized private and public rentals, the political reality is that available subsidies are overwhelmingly targeted to households that cannot work or are marginally attached to the workforce. Moreover, the current subsidy system is a bad way to address the need for worker housing for two reasons: (1) the amount of subsidy that would be needed to address worker housing needs via the existing subsidy system is so large that there is zero practical likelihood of success; and (2) as we will show in this paper, it is possible to meet worker housing needs without subsidies, by making better policy choices. In this paper, when we talk about housing for workers, we are talking about the great middle of the rental market—service workers, line-production workers, and entry-level workers in other parts of the economy. Service and line-production workers’ wages average about $26,000 per year (with surprisingly little variation across the country) and nationally account for 38 percent of all public and private jobs. Entry-level workers in other parts of the economy have similar incomes. The reality is that the existing system disproportionately benefits existing homeowners, disproportionately harms workers who need economical rental housing, needlessly drives up the cost of economical rental housing, makes it more difficult to launch new local businesses and expand existing local businesses, and harms the locality’s potential for economic growth. We wrote this paper in the hope that local governments that are concerned about these workers and that want to stimulate local economic growth would embrace the policy changes we suggest in recognition of the broad-based benefits of a greatly increased supply of market-rate economical rental housing. The crux of the problem is that in the United States we have tended to overregulate development— driving costs up—and we have tended to provide poorly designed, costly subsidies so that a trickle of affordable apartments can be developed. This is the wrong approach. We suggest a two-way bending of the cost curve: (1) cost-effective land-use regulations through higher density, reduced parking requirements, reduced local regulations and costs, expedited processes, and reduced fees; and (2) for local governments to allow—and for developers to utilize— economical design, construction, and management techniques. Unleashing private enterprise will expand supply, allowing supply and demand to reach equilibrium at lower rents. The greatest beneficiaries would be service, light manufacturing, and entry-level workers—largely low- and moderate-income workers and minorities. We do not suggest federal policy changes, and we do not wish for anyone to force local governments to adopt the changes we suggest. Instead, we trust that those local governments that try our suggestions will succeed, that other local governments will notice, and that our ideas will spread to the extent—and only to the extent—that they work in practice. Best, Ed Edward Pinto Codirector and Chief Risk Officer International Center on Housing Risk American Enterprise Institute, a non-partisan research center 1789 Massachusetts Av. NW Washington, DC 20036 Cell: 240-423-2848 (preferred phone number) www.HousingRisk.org MSA Comparisons Av e r a g e A n n u a l M e a n W a g e ( $ ) Cost of Rent Index Pittsburgh, PA Atlanta-Sandy Springs-Roswell, GA Seattle-Tacoma-Bellevue, WA New York-Newark-Jersey City, NY-NJ North Port-Sarasota-Bradenton, FL San Jose-Sunnyvale-Santa Clara, CA National 0.15 0.2 0.25 0.3 0.35 0.4 0.45 0.5 19 7 9 - 0 3 19 8 0 - 0 9 19 8 2 - 0 3 19 8 3 - 0 9 19 8 5 - 0 3 19 8 6 - 0 9 19 8 8 - 0 3 19 8 9 - 0 9 19 9 1 - 0 3 19 9 2 - 0 9 19 9 4 - 0 3 19 9 5 - 0 9 19 9 7 - 0 3 19 9 8 - 0 9 20 0 0 - 0 3 20 0 1 - 0 9 20 0 3 - 0 3 20 0 4 - 0 9 20 0 6 - 0 3 20 0 7 - 0 9 20 0 9 - 0 3 20 1 0 - 0 9 20 1 2 - 0 3 20 1 3 - 0 9 20 1 5 - 0 3 United States New York, NY Los Angeles-Long Beach-Anaheim, CA Dallas-Fort Worth, TX Houston, TX Tampa, FL Miami-Ft. Lauderdale, FL Boston, MA Riverside, CA Seattle, WA Tampa, FL 0 0.1 0.2 0.3 0.4 0.5 0.6 Los Angeles-Long Beach-Anaheim, CA San Francisco, CA Miami-Fort Lauderdale, FL New York, NY San Jose, CA San Diego, CA Riverside, CA Boston, MA Denver, CO Tampa, FL Portland, OR Sacramento, CA Milwaukee, WI Austin, TX Seattle, WA Nashville, TN Chicago, IL Houston, TX Philadelphia, PA Dallas-Fort Worth, TX Baltimore, MD Virginia Beach, VA Las Vegas, NV Phoenix, AZ Cleveland, OH Atlanta, GA Washington, DC Birmingham, AL Charlotte, NC Columbus, OH Indianapolis, IN Cincinnati, OH Minneapolis-St Paul, MN Kansas City, MO Detroit, MI Pittsburgh, PA St. Louis, MO Sources: 2015Q3 Rent Affordability data from Zillow's "Mortgage Affordability, Rental Affordability, Price-to-Income Ratio" file found at http://www.zillow.com/research/data/. Land use restrictionsratings from www.Demographia.com. Rent Affordability and Land Use Restrictions Less restrictive land use regulations More restrictive land use regulations From:Clarice Christensen To:James Hovland; Kevin Staunton; swensonann1@gmail.com; Scott H. Neal; Mary Brindle; Robert Stewart Subject:Road Repair Solution for a Tight Budget Date:Friday, September 30, 2016 9:32:39 PM Hello Mayor Hovland and Council Members, There are thousands of municipalities across the country that aregrateful they didn't just brush by this email. If it's worth 5 minutes of your time to see if the Asphalt Zipper canhelp your city get twice the road repairs done each year with the same budget, like it already has for thousands of Asphalt Zipper ownersacross the county. Click on the web link below. "How it Works" Let me know if you have any questions and/or to schedule a demonstration on a road in yourcity that's in need of repair. Respectfully, Clarice Christensen Area Sales Manager Toll-free:888-947-7378 ext 204Direct:801-847-3204Mobile:801-369-1660Email:cchristensen@asphaltzipper.com asphaltzipper.com | Download Brochure From:Joanne Mason To:James Hovland Cc:swensonann1@gmail.com Subject:Proposed Apartment building next to the Manor Homes of Edina Date:Sunday, October 02, 2016 1:38:13 PM I am a resident owner at the Manor Homes of Edina I am very concerned with the proposed building of a 250 Unit apartment building next to the Manor Homes. This area is already a highly populated neighborhood – with multiple condo and townhouse projects. Also, the 100’s of employees of United Health Care and Children’s Hospital Administration location also use this road . The only access road we have to our homes and businesses and the strip mall is the service road. This narrow road really cannot accommodate an additional 250/500 cards (residents of the new apartment building). Please reconsider your original decision for approval and reject the proposal. Thank you Joanne Mason 6879 Langford Drive Edina, MN 55436 From:B.J. Scott To:James Hovland Subject:No Date:Sunday, October 02, 2016 5:49:55 PM I am Manor Homes resident. Lincoln Drive cannot handle more traffic !! Please listen to us!!! Bonnie Scott Manor Homes of Edina Sent from my iPhone From:Jill Scullard To:Cary Teague; Mary Brindle; James Hovland; Kevin Staunton; Robert Stewart; swensonann1@gmail.com Cc:neb@greatoaks.us.com Subject:Re: 49th Street West condo development Date:Monday, October 03, 2016 11:32:16 PM Hello, Per the agenda topic at the City Council meeting, I would like to voice my support of the proposed condo development on 49th Street as it was presented to the residents by the developer last month. Please see my message below that I previously wrote to the city. Thank you. Warm Regards, Jill Scullard > On Sep 12, 2016, at 2:49 PM, Jill Scullard <jill.rasmussen@yahoo.com> wrote: > > Hello, > > As a resident of the neighborhood, I am writing to support the current proposed condo development on 49th Street West. At a meeting with many of the residents last week, the architects answered concerns I had regarding parking and the number of units proposed. My remaining concern based on the plan they proposed is that the area desperately needs a traffic light at the corner of Brookside and Interlachen - but, we need that regardless of these condos being built. > > In regards to the City's apparent concerns over the density of the proposed buildings, these looked to be far less dense than the development that was approved previously. And, the buildings and landscaping discussed at the meeting would be a visual improvement over what's there now. > > Thank you for your consideration. > > Best Regards, > > Jill Scullard > 4891 Westbrook Lane From:Liz Scheurer To:James Hovland Subject:Edina Veteran Taking Honor Flight 10/29 Date:Tuesday, October 04, 2016 9:34:24 AM Attachments:image001.png Your Honor, I am the Volunteer Guardian escorting a Veteran on an Honor Flight later this month to see their memorials in Wash DC for the day. “Donn Latourell” (age 84) is an Edina resident who resides at 6905 Creston Rd. On the flight we have a SURPRISE mail call for the guys. Each veteran is handed a bag of mail with letters written from family, friends etc.. thanking them for their service. We are encouraged by the Honor Flight staff to be creative in facilitating letter writing while keeping this a surprise. I’m wondering if you would be wiling on behalf of the city of Edina, to write a letter of thanks to this veteran. The letter needs to come to my home address to maintain the surprise. 4941 Aldrich Ave So Mpls, MN 55419 Thank you for considering this gesture towards one of our finest! Warn Regards, Liz Elizabeth S. Scheurer Principal Clinical Research Scientist Minnetronix, Inc Direct: 651.251.9454 Mobile: 612.770.8476 lscheurer@minnetronix.com From:Jessica Vanderwerff Wilson To:James Hovland; Richard Miller (rmiller@minnehahacreek.org); "James Wisker";"mhayman@minnehahacreek.org"; "lerdahl@minnehahacreek.org"; Chris J. Meehan; "John Otterlei"; "Stephen JStenbeck"; Ross Bintner; Scott H. Neal Subject:FW: Rolling Green Floodplain Meeting Follow Up Date:Tuesday, October 04, 2016 12:14:05 PM Attachments:image002.png image001.png 44CFR65_10.pdf All, Before exploring the design costs and scope, it is appropriate to determine if such an approachwould accomplish the goal of relieving the requirement to carry flood insurance. In response to the ‘Next Step’ proposed by James, Edina staff, as the floodplain management authority,have reviewed the limits and possibilities for removing the subject properties from the FEMA Special Flood Hazard Area (SFHA). A wall or berm (earthen levy) would require engineering certification, FEMA floodwall/levyaccreditation, and an operation and maintenance plan which must be managed by a local unit of government (see 44 Code of Federal Regulations 65_10, attached). Various Letter of Map Change (LOMC) forms are intended for properties that have beeninadvertently mapped in a SFHA. A Letter of Map Amendment (LOMA) is a certification that the lowest floor is naturally above the Base Flood Elevation (BFE). For a LOMA to be issuedby FEMA to remove a structure from the SFHA, the National Flood Insurance Program (NFIP) regulations require that the lowest adjacent grade (the lowest ground touching thestructure) be at or above the BFE. A Letter of Map Revision Based on Fill (LOMR-F) is a certification that the lowest floor is on compacted fill above the BFE. For a LOMR-F to beissued by FEMA to remove the structure from the SFHA, the NFIP regulations require that the lowest adjacent grade of the structure be at or above the BFE. The participating communitymust also determine that the land and any existing or proposed structures to be removed from the SFHA are "reasonably safe from flooding."https://www.fema.gov/letter-map-amendment-letter-map-revision-based-fill-process An option for relieving the flood insurance requirement would be to retrofit the structure such that the lowest floor (which includes a basement) would be at or above the base floodelevation. Another possibility would be to evaluate your mortgage loan with your banker. Flood insurance is required on loans that are federally regulated or federally insured. A different typeof loan may administratively remove the requirement. If interested, this conversation should continue with a banker/mortgage lender as my knowledge in the subject ends here. To be clear, the risk at this location seems to be real and the City recommends that a floodinsurance policy be carried for these properties; however, the options for raising the lowest floor elevation or making changes to a mortgage loan may allow for a more affordableinsurance premium. Steve and I have been exchanging emails on the topic. I remain available for a phone call to discuss further. Jess Jessica Vanderwerff Wilson, CFM, Water Resources Coordinator 952-826-0445 | Fax 952-826-0392 jwilson@edinamn.gov | www.EdinaMN.gov From: Ross Bintner Sent: Monday, October 03, 2016 7:36 AMTo: Jessica Vanderwerff WilsonSubject: FW: Rolling Green Floodplain Meeting Follow Up Ross Bintner, PE, Engineering Services Manager 952-903-5713 | Fax 952-826-0392 RBintner@EdinaMN.gov | www.EdinaMN.gov From: James Wisker [mailto:JWisker@minnehahacreek.org] Sent: Sunday, October 02, 2016 8:21 PMTo: James Hovland; Richard MillerCc: Scott H. Neal; Ross Bintner; John Otterlei; stephen.stenbeck@ey.com; Michael Hayman; Lars Erdahl; Chris J. MeehanSubject: Rolling Green Floodplain Meeting Follow Up Mayor Hovland, Manager Miller, I wanted to write a quick note in follow up to the meeting MCWD and Edina staff held recently with Mr. Otterlei and Mr. Stenbeck. Below is a brief bulleted summary of our discussion and next steps. Please let me know if you have any questions. Discussion: · We reviewed the current status of the Meadowbrook Golf Course improvement project. MCWD staff noted that while MPRB had stepped back from a complete course rebuild, the District and MPRB staff continue to have dialog on how a stream improvement could be advanced between Excelsior and Meadowbrook lake. Such a project may create new floodplain storage. · We reviewed, that without a major golf course rebuild on the horizon, Mr. Otterlei and Mr. Stenbeck would likely be restricted to solving the floodplain issue through work on their own property. o This would come in the form of grading a berm or constructing a wall. § Both solutions would require the creation of an equivalent amount of compensatory storage. Next Steps: · We left the meeting with the following commitments: o Edina and MCWD engineering would connect on the topic. o Edina staff would provide a coarse estimate of cost for the two solutions outlined above. o Edina staff, as the LGU for the National Flood Insurance Program, would investigate and summarize the particulars involved with removing a property from the floodplain. o MCWD would continue working to advance a stream project with MPRB and would try to integrate compensatory storage into any project that moves forward. Again, please let me know if there are any questions regarding the current status of this issue. Regards. James Wisker Director of Planning & Projects Minnehaha Creek Watershed District 15320 Minnetonka Blvd. Minnetonka, MN 55345 Office: 952-641-4509 Fax: 952-471-0682 www.minnehahacreek.org 346 44 CFR Ch. I (10–1–04 Edition) §65.8 water surface profile of the original hy- draulic computer model. The alternate model must be then modified to in- clude all encroachments that have oc- curred since the existing floodway was developed. (ii) The floodway analysis must be performed with the modified computer model using the desired floodway lim- its. (iii) The floodway limits must be set so that combined effects of the past en- croachments and the new floodway limits do not increase the effective base flood elevations by more than the amount specified in §60.3(d)(2). Copies of the input and output data from the original and modified computer models must be submitted. (3) Delineation of the revised floodway on a copy of the effective NFIP map and a suitable topographic map. (d) Certification requirements. All anal- yses submitted shall be certified by a registered professional engineer. All topographic data shall be certified by a registered professional engineer or li- censed land surveyor. Certifications are subject to the definition given at §65.2 of this subchapter. (e) Submission procedures. All requests that involve changes to floodways shall be submitted to the appropriate FEMA Regional Office servicing the commu- nity’s geographic area. [51 FR 30315, Aug. 25, 1986] §65.8 Review of proposed projects. A community, or an individual through the community, may request FEMA’s comments on whether a pro- posed project, if built as proposed, would justify a map revision. FEMA’s comments will be issued in the form of a letter, termed a Conditional Letter of Map Revision, in accordance with 44 CFR part 72. The data required to sup- port such requests are the same as those required for final revisions under §§65.5, 65.6, and 65.7, except as-built cer- tification is not required. All such re- quests shall be submitted to the FEMA Headquarters Office in Washington, DC, and shall be accompanied by the appropriate payment, in accordance with 44 CFR part 72. [62 FR 5736, Feb. 6, 1997] §65.9 Review and response by the Ad- ministrator. If any questions or problems arise during review, FEMA will consult the Chief Executive Officer of the commu- nity (CEO), the community official des- ignated by the CEO, and/or the re- quester for resolution. Upon receipt of a revision request, the Administrator shall mail an acknowledgment of re- ceipt of such request to the CEO. With- in 90 days of receiving the request with all necessary information, the Admin- istrator shall notify the CEO of one or more of the following: (a) The effective map(s) shall not be modified; (b) The base flood elevations on the effective FIRM shall be modified and new base flood elevations shall be es- tablished under the provisions of part 67 of this subchapter; (c) The changes requested are ap- proved and the map(s) amended by Let- ter of Map Revision (LOMR); (d) The changes requested are ap- proved and a revised map(s) will be printed and distributed; (e) The changes requested are not of such a significant nature as to warrant a reissuance or revision of the flood in- surance study or maps and will be de- ferred until such time as a significant change occurs; (f) An additional 90 days is required to evaluate the scientific or technical data submitted; or (g) Additional data are required to support the revision request. (h) The required payment has not been submitted in accordance with 44 CFR part 72, no review will be con- ducted and no determination will be issued until payment is received. [51 FR 30315, Aug. 25, 1986; 61 FR 46331, Aug. 30, 1996, as amended at 62 FR 5736, Feb. 6, 1997] §65.10 Mapping of areas protected by levee systems. (a) General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive VerDate Aug<04>2004 11:58 Oct 22, 2004 Jkt 203179 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\203179T.XXX 203179T 347 Federal Emergency Management Agency, DHS §65.10 flood plain management criteria estab- lished by §60.3 of this subchapter. Ac- cordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the base flood. This information must be supplied to FEMA by the community or other party seeking recognition of such a levee system at the time a flood risk study or restudy is conducted, when a map revision under the provi- sions of part 65 of this subchapter is sought based on a levee system, and upon request by the Administrator dur- ing the review of previously recognized structures. The FEMA review will be for the sole purpose of establishing ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (b) Design criteria. For levees to be recognized by FEMA, evidence that adequate design and operation and maintenance systems are in place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following require- ments must be met: (1) Freeboard. (i) Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the min- imum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (ii) Occasionally, exceptions to the minimum riverine freeboard require- ment described in paragraph (b)(1)(i) of this section, may be approved. Appro- priate engineering analyses dem- onstrating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the uncertainty in the esti- mated base flood elevation profile and include, but not necessarily be limited to an assessment of statistical con- fidence limits of the 100-year discharge; changes in stage-discharge relation- ships; and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than two feet be ac- cepted. (iii) For coastal levees, the freeboard must be established at one foot above the height of the one percent wave or the maximum wave runup (whichever is greater) associated with the 100-year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- quirement described in paragraph (b)(1)(iii) of this section, may be ap- proved. Appropriate engineering anal- yses demonstrating adequate protec- tion with a lesser freeboard must be submitted to support a request for such an exception. The material presented must evaluate the uncertainty in the estimated base flood loading condi- tions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances, how- ever, will a freeboard of less than two feet above the 100-year stillwater surge elevation be accepted. (2) Closures. All openings must be pro- vided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (3) Embankment protection. Engineer- ing analyses must be submitted that demonstrate that no appreciable ero- sion of the levee embankment can be expected during the base flood, as a re- sult of either currents or waves, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses in- clude, but are not limited to: Expected flow velocities (especially in con- stricted areas); expected wind and wave action; ice loading; impact of debris; slope protection techniques; duration of flooding at various stages and ve- locities; embankment and foundation materials; levee alignment, bends, and transitions; and levee side slopes. VerDate Aug<04>2004 11:58 Oct 22, 2004 Jkt 203179 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\203179T.XXX 203179T 348 44 CFR Ch. I (10–1–04 Edition) §65.10 (4) Embankment and foundation sta- bility. Engineering analyses that evalu- ate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foun- dation and embankment will not jeop- ardize embankment or foundation sta- bility. An alternative analysis dem- onstrating that the levee is designed and constructed for stability against loading conditions for Case IV as de- fined in the U.S. Army Corps of Engi- neers (COE) manual, ‘‘Design and Con- struction of Levees’’ (EM 1110–2–1913, Chapter 6, Section II), may be used. The factors that shall be addressed in the analyses include: Depth of flooding, duration of flooding, embankment ge- ometry and length of seepage path at critical locations, embankment and foundation materials, embankment compaction, penetrations, other design factors affecting seepage (such as drainage layers), and other design fac- tors affecting embankment and founda- tion stability (such as berms). (5) Settlement. Engineering analyses must be submitted that assess the po- tential and magnitude of future losses of freeboard as a result of levee settle- ment and demonstrate that freeboard will be maintained within the min- imum standards set forth in paragraph (b)(1) of this section. This analysis must address embankment loads, com- pressibility of embankment soils, com- pressibility of foundation soils, age of the levee system, and construction compaction methods. In addition, de- tailed settlement analysis using proce- dures such as those described in the COE manual, ‘‘Soil Mechanics Design— Settlement Analysis’’ (EM 1100–2–1904) must be submitted. (6) Interior drainage. An analysis must be submitted that identifies the source(s) of such flooding, the extent of the flooded area, and, if the average depth is greater than one foot, the water-surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and ex- terior flooding and the capacity of fa- cilities (such as drainage lines and pumps) for evacuating interior flood- waters. (7) Other design criteria. In unique sit- uations, such as those where the levee system has relatively high vulner- ability, FEMA may require that other design criteria and analyses be sub- mitted to show that the levees provide adequate protection. In such situa- tions, sound engineering practice will be the standard on which FEMA will base its determinations. FEMA will also provide the rationale for requiring this additional information. (c) Operation plans and criteria. For a levee system to be recognized, the operational criteria must be as de- scribed below. All closure devices or mechanical systems for internal drain- age, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a pre- viously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. (1) Closures. Operation plans for clo- sures must include the following: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provisions for periodic oper- ation, at not less than one-year inter- vals, of the closure structure for test- ing and training purposes. (2) Interior drainage systems. Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. These drainage systems will be recognized by FEMA on NFIP maps for flood protection pur- poses only if the following minimum VerDate Aug<04>2004 11:58 Oct 22, 2004 Jkt 203179 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\203179T.XXX 203179T 349 Federal Emergency Management Agency, DHS §65.11 criteria are included in the operation plan: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists to permit activation of mechanized portions of the drainage system. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provision for manual backup for the activation of automatic systems. (iv) Provisions for periodic inspection of interior drainage systems and peri- odic operation of any mechanized por- tions for testing and training purposes. No more than one year shall elapse be- tween either the inspections or the op- erations. (3) Other operation plans and criteria. Other operating plans and criteria may be required by FEMA to ensure that adequate protection is provided in spe- cific situations. In such cases, sound emergency management practice will be the standard upon which FEMA de- terminations will be based. (d) Maintenance plans and criteria. For levee systems to be recognized as pro- viding protection from the base flood, the maintenance criteria must be as described herein. Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be pro- vided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a pre- viously recognized system is revised in any manner. All maintenance activi- ties must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP that must assume ulti- mate responsibility for maintenance. This plan must document the formal procedure that ensures that the sta- bility, height, and overall integrity of the levee and its associated structures and systems are maintained. At a min- imum, maintenance plans shall specify the maintenance activities to be per- formed, the frequency of their perform- ance, and the person by name or title responsible for their performance. (e) Certification requirements. Data submitted to support that a given levee system complies with the structural requirements set forth in paragraphs (b)(1) through (7) of this section must be certified by a registered professional engineer. Also, certified as-built plans of the levee must be submitted. Certifi- cations are subject to the definition given at §65.2 of this subchapter. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and con- structed to provide protection against the base flood. [51 FR 30316, Aug. 25, 1986] §65.11 Evaluation of sand dunes in mapping coastal flood hazard areas. (a) General conditions. For purposes of the NFIP, FEMA will consider storm- induced dune erosion potential in its determination of coastal flood hazards and risk mapping efforts. The criterion to be used in the evaluation of dune erosion will apply to primary frontal dunes as defined in §59.1, but does not apply to artificially designed and con- structed dunes that are not well-estab- lished with long-standing vegetative cover, such as the placement of sand materials in a dune-like formation. (b) Evaluation criterion. Primary fron- tal dunes will not be considered as ef- fective barriers to base flood storm surges and associated wave action where the cross-sectional area of the primary frontal dune, as measured per- pendicular to the shoreline and above the 100-year stillwater flood elevation and seaward of the dune crest, is equal to, or less than, 540 square feet. (c) Exceptions. Exceptions to the eval- uation criterion may be granted where it can be demonstrated through au- thoritative historical documentation that the primary frontal dunes at a specific site withstood previous base flood storm surges and associated wave action. [53 FR 16279, May 6, 1988] VerDate Aug<04>2004 11:58 Oct 22, 2004 Jkt 203179 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\203179T.XXX 203179T From:Vannorman, Samuel O To:Edina Mail Cc:Maggie VanNorman Subject:Support of Town Hall Station Date:Tuesday, October 04, 2016 1:52:59 PM Dear Council Members, I’m writing on behalf the VanNorman family and in support of the proposed Town Hall project at the former Wally’s station on Valley View. Our family of four (Maggie and Sam-adults, Sylvia-8, Miles-11) is excited at the prospect of a new dining option within walking distance of our home. We hope that a vocal minority does not quash the value that a walkable, family- and adult-friendly gathering spot brings. We do not have concerns about the proposed operating hours or scope of the operation. Sincerely, Sam VanNorman 6216 Concord Ave, Edina, MN 55424 ____________________________ Sam VanNorman, MBA MS CPHQ | Optum Vice President of Healthcare Economics and Analytics, OptumCare 11000 Optum Circle, Eden Prairie, MN 55344 T +1 952-205-0494 M +1 612-807-7659 samuel.vannorman@optum.com www.optum.com This e-mail, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entityto which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notifiedthat any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify thesender by replying to this message and delete this e-mail immediately. From:Madhu BG To:Edina Mail Subject:Attn: City Council and Engineering: Opposing proposed special assessment for improvement no. BA-410 Date:Tuesday, October 04, 2016 3:37:17 PM Dear Council and Engineers, It was extremely disappointing to receive your letter dated September 15th 2016 regardingRoadway reconstruction. My wife & I purchased our house at 5025 W 60th Street in November 2015 and we are veryhappy with the new-looking road surfacing the street has. We've had no trouble with drainage or sewer back-ups ever since we have been here and we simply don’t see a reason for any required reconstruction. We are also opposed to construction of any sidewalk on 60th street or Valley View road. Being first time home owners and young professionals, we do not have $12,225 to spend on unnecessary road construction and we are disappointed that the city has taken the approach toassess a special tax over which we have no control. I will be at the hearing on October 5th. Yours sincerely, Madhu G Bangalore 5025 W 60th Street Edina MN 55436 952-381-2573 From:Traci Mercado To:Edina Mail Subject:Resident Input - Town Hall Brewery Date:Tuesday, October 04, 2016 3:57:21 PM City Council Members, I am writing to express my strong support of the Town Hall Brewery that is potentially moving into the old Wally’s gas station site on Valley View Road. I am a neighbor and live a few blocks North of the site. I want to make sure you know that so many people in our neighborhood (who have not taken the time to reach out to you) are in support of this establishment. We are very much looking forward to the opportunity to have a meal at a neighborhood restaurant within walking/biking distance to our homes. Town Hall Brewery will be a wonderful addition to that strip just as Patisserie Margo was last year. Actually, our desire to have a casual meal nearby with our neighbors is so great that neighbors banded together to bring in a food truck this past Friday night on Woodland Rd West. Well over a hundred people came out to share a meal together (outside in the middle of our street - which was blocked off at the time!). Please know that we support Town Hall Brewery! Thank you for your support, Traci Mercado 4609 Woodland Rd W Edina, MN 55424 tracimercado@yahoo.com From:Anne-Marie Rogers To:Edina Mail Subject:supporting town hall brewery Date:Tuesday, October 04, 2016 3:58:23 PM Attachments:image001.png image002.png Hi – I live at 5641 Woodcrest Drive and would like to say that we are very much in favor of the proposal to develop the former Wallys gas station site into a Town hall Brewery restaurant- thanks for your consideration. Anne Marie Rogers, Director Meetings, Incentives, Events phone: 952.746.3514 fax: 952.746.3588 email: arogers@dt.com 7900 Xerxes Avenue South, Suite 1200 | Minneapolis, MN 55431 Visit us: www.dt.com From:Kerri Clawson To:Edina Mail Subject:Town Hall Brewery - Edina Date:Tuesday, October 04, 2016 4:12:33 PM Dear Council members, I would like to add my name to the list of supporters for the Town Hall Brewery at the old Wally's site. Not only do many neighbors think it would be great addition to this area but alsoit would bring customers to that location where businesses are not as visible as they are on 50th and France.Thank you! Kerri Clawson 4500 Oak DriveEdina, MN 612-701-5573 From:Allie Killion To:Edina Mail Subject:Town Hall Station Date:Tuesday, October 04, 2016 4:14:12 PM Dear City Council Members, My family and I recently moved to Pamela Park from the Armatage neighborhood of SW Minneapolis. We love our new home and neighborhood, but one thing we miss about our old house is being able to walk to multiple restaurants for a drink and/or dinner. I think Town Hall Station would be a great addition to the neighborhood and we are in full support of it. Sincerely, Allie Killion Allie Killion | Executive/Marketing Assistant | Frana Companies General Contractors | 633 Second Avenue South | Hopkins, MN 55343 | Direct 952-908-2660 | Main 952-935-8600 | Fax 952-935-8644 From:Debra M Moldenhauer To:Edina Mail Subject:Town Hall Brewery Date:Tuesday, October 04, 2016 4:48:09 PM Dear Mayor Holland and City Council Members, I am unable to attend the City Council meeting tomorrow evening, so I am writing to express that I am for the approval of the Town Hall Brewery in the old Wally’s gas station on the corner of Wooddale and Valley View Rd. I feel this will be a wonderful addition to the neighborhood. We currently frequent Snuffy’s and Patisserie Margo and will still support these businesses, but it would be great to have a place to meet friends for a drink and a bite to eat that is so close to home. The current state of the gas station also looks really bad. Please consider approving this establishment as an improvement to the neighborhood. Sincerely, Deb Moldenhauer 6141 Concord Ave Edina, MN 55424 605-868-1222 deb@insightdesignsd.com From:Gary Wert To:Edina Mail Subject:Town Hall brewery project Date:Tuesday, October 04, 2016 7:11:44 PM We would like the city council to know that we are in favor of having the Town Hall Brewery replace the old Wally’s gas station on Valley View and Wooddale Ave. Gary and Launa Wert 5445 Wooddale Ave So. Edina, Mn 55424 From:David I. Siegfried To:Edina Mail Subject:Support for Town Hall Station Date:Tuesday, October 04, 2016 8:11:00 PM Edina City Counsel Members, My wife, LeAnna and I recently moved from NE Minneapolis to 4809 Valley View Rd. In NE, there are places to eat and drink everywhere. We loved it. Our favorite things about our old neighborhood (Holland) involved walking or biking to places where we could sit and have a drink or a bite to eat. Coffee. Beer. Spirits. Take-out. An evening at dinner. All of it. We've been to the Town Hall establishments - they're well-run restaurants and have good food. They're great places to meet friends for a drink after work or an evening out. As a young a young family, Edina has a lot to offer, but we still venture to S. Minneapolis to eat and drink. Town Hall Station can bring a bit of that vibrance to our little part of Edina, and for that reason I'm writing to you in support of the business. We look forward to having a drink with our neighbors in the neighborhood. David and LeAnna Siegfried From:Michael F To:Edina Mail Subject:Town Hall Station Date:Tuesday, October 04, 2016 8:22:11 PM I am unable to attend the public meeting tomorrow night, but as a Pamela Park resident whoresides just one block from the proposed site of Town Hall Station, I wanted to express my support for the opening of that establishment. I was one of 60 or so people--almost all of whomwalked--to attend an open house at the location last month. Only 2-3 people expressed concern, the rest expressing support for the long-sought elimination of the eyesore that is the abandonedgas station and the existence of a neighborhood gathering place to which we can walk and at which we can enjoy food and drink. I think the hours of the location will be dictated by the traffic it generates--even Red Cow at 50thand France doesn't seem to attract many people after 11pm. I personally would like a place friends and I can go on a weeknight that won't close before we and others are ready to go home.A midnight closing time seems perfectly reasonable to me. As for the serving of beer and liquor, most I know in the neighborhood view the existence of a walkable location for socializing over afew drinks as a positive addition to the neighborhood. I'm certainly not privy to the specific plans of the developer and the details of his request, so I speak only from a perspective of general support. But I think it would be a shame for the Councilto oppose this sort of development when they continue to allow the seeming unending parade of construction machinery and erection of giant houses in this neighborhood. The latter seriouslydiminishes our quality of life. This restaurant appears as if it might actually improve the neighborhood. Thanks for considering my opinions,Michael Franssen From:Kristopher Wilson To:Edina Mail Subject:Proposed Townhall brewery at the old Wally"s location. Date:Tuesday, October 04, 2016 8:52:10 PM Dear Mayor and City Council members, Just writing to let you know that as a resident in the Concord neighborhood just a short walk away from the proposed location, I am absolutely in favor of the proposed development of a restaurant at which could include hours as late as midnight and which would serve alcohol on the premises in accordance with existing city statutes.... that is if they would even find iTunes profitable to remain open that late. One of the reasons why we chose to live in Edina was to have a more urban like access to the amenities such as shopping and restaurants that would be within a short walk or bike ride away, while also being able to live in a neighborhood where our child could be close to an excellent school and have a safe neighborhood environment where there was space to run around and play. Yes, we wanted the best of all possible worlds, and we continue to believe that Edina is the rare sort of city that can make that possibility a reality. In the 12 years that we have lived in this neighborhood, we have seen the demographic change pretty dramatically to include a lot of families with younger children, and I believe that establishing hey local adult oriented hang out would foster neighborhood involvement. If an established restauranteur believes that it is a worth while venture for them to invest in creating such an establishment in place of what has been the eyesore on the corner of Valley View and Wooddale, then I wholeheartedly support their effort. I look forward to your forthcoming approval to proceed with the proposed development. Sincerely, Kristopher Wilson and Amanda Elg 5801 St. John's Avenue Edina, MN 55424 KW From:Nate Gilman To:Edina Mail Subject:Town hall brewery Date:Tuesday, October 04, 2016 8:59:44 PM This is my letter of support for the Town hall brewery proposal at the old wallys location. Nate Gilman 5933 grimes Ave s Sent from my iPhone From:Tara Johnson To:Edina Mail Subject:City Council and Engineering /proposed special assessment Date:Tuesday, October 04, 2016 9:24:59 PM To Whom it May Concern, My name is Tara Johnson and I live with my family of 6 at 7411 Hyde Park Dr. I am responding to the letter we received last month regarding the special assessment for the roadway reconstruction. I filled out the questionnaire we received in the last six months, I have contacted Derek Northenscold over the past year and a half and have reached out to multiple people involved in this project regarding the issues we had in our house as a result of the road construction last summer. I am disappointed that our complaints and issues our neighbors have experienced were not addressed in a timely fashion or further discussed. I will briefly summarize our situation, please contact me if you would like more detail or refer to the questionnaire we filled out. I did a fair job of documenting our situation, as did our neighbors. We were out of town last year from 7/7-7/9 and returned to a basement full of water due to a pipe that had burst in our basement. We came home to a shower in our basement, ceiling and walls ruined, carpet destroyed and mold growing. Our neighbor has video of the giant hole in front of our house, the digging that was going on, and the shaking of the houses that could be felt inside. We feel the water main being shut off multiple times and the the digging, etc. was the cause of the pipe damage. We lost furniture, time, toys, and the use of our basement for almost a year. With four boys, that is a big deal. We ended up fighting mold in other areas of the basement that insurance would not cover. $20,000 later, it’s almost done. I contacted the city and had to file a claim with the city’s insurance company and they were not pleasant at all. It’s a full time job to follow up, call, email and try to get issues resolved. I also drove over a large nail that same week and ended up getting all new tires, but, of course, the city denied that anything like that was a result of the project. I am so disappointed with the lack of concern in my property and our neighbor's. It’s also hard for me to think about paying an additional $10,000, when my taxes keep going up every year, and I’ve already spent so much money on a project we didn’t anticipate. Please let me know how I can further appeal or defer this payment. I am unable to attend the meeting tomorrow night due to church and family obligations and my husband, Troy will be traveling. Best, Tara Johnson 7411 Hyde Park Dr. Edina, MN 55439 952-927-0769 From:Dolan Lee To:Edina Mail Subject:Wally Town Hall Brewery Development Date:Tuesday, October 04, 2016 9:35:37 PM Dear Edina City Council Members, I would like to express my support for the proposed Town Hall Brewery at Wooddale/Valley View.I live 3 blocks away and think this establishment would be a great addition to our neighborhood, as long as traffic and potential noise can be regulated within means. Sincerely,Dolan Lee From:Jennifer Chase To:Edina Mail Subject:Town Hall Brewery!! Date:Wednesday, October 05, 2016 2:49:06 PM Hello - I live in the Pamela Park Neighborhood and am just thrilled with the idea that a Town Hall Brewery may be built at the Wally's site! I certainly hope that as representatives of ours, that you will all fully support this idea! It would be fantastic to have a restaurant/bar to walk to and we've looked at the Wally's space for far too long! Please support this potential enhancement to our community. Thank You, Jennifer Chase 5921 Grimes Ave S. From:Tony Zimmerman To:Edina Mail Subject:Town Hall Station Date:Wednesday, October 05, 2016 3:07:27 PM I live just up the road at 4829 Valley View Road and would like to express my support for the Town Hall Station. While I am not able to attend the city council meeting, I do want to say that I have experience living near a bar and restaurant (Fireside Foundry) while in Richfield and say wonderful it is to have a place you are proud of in your neighborhood to bring friends and family or have a place close to home to grab a drink after a day's work. I also think it is great for that corner to get something that will go in the old Wally's Station. It's become a bit of an eyesore and finally something has been found that will repurpose and redevelop that building and corner. My only concern is the pedestrian experience for those traveling on foot to Town Hall Station. There is only a sidewalk on one side of Valley View west of Wooddale and many pedestrians will have to cross Valley View to get to it. Cars use Valley View as a highway often exceeding 35-40+ mph and it is extremely difficult to cross at any other intersection besides the only intersection with a painted crosswalk between Wooddale Ave and 100. Car drivers do not respect that MN statutes says they must stop for pedestrians at intersections regardless of the presence of a painted cross walk. With the existence of this place, there will likely be more foot traffic along Valley View by patrons - some leaving at night and I hope the city takes a proactive approach in slowing traffic and/or putting in more cross walks along Valley View before someone gets hit and killed. Tony From:Lauren Leamanczyk To:Edina Mail Subject:Wally"s / Town Hall Brewery Date:Wednesday, October 05, 2016 3:31:05 PM Dear Mayor and Council Members, We write in support of a new brew pub at the site of the old Wally's gas station. We recently bought a home in Edina and like many people our age - 30's or 40's with young children - we left a life in the city and settled in Edina because of its excellent schools andproximity to downtown. Still, I miss having neighborhood gathering places. Your new residents want lively places to meet neighbors, grab a craft beer or cocktail and enjoy a casualmeal. We don't always want to drive downtown or deal with traffic and parking at 50th and France. That's what I believe Town Hall Brewery will be, a place for neighbors to gather. If such abusiness is to succeed, it cannot be encumbered with unrealistic expectations. A brew pub must be allowed to serve its customers when they want to socialize. I understand neighbors concerns about traffic. However, I hardly think a restaurant with craftbeer in suburban Edina will draw an unruly crowd. More likely the patrons will be suburban parents and empty-nesters who simply want to get out of the house. Town Hall will offerresidents like us a place within Edina to spend our disposable income rather than heading into Minneapolis. Many of us will walk or ride our bikes. Others will drive. None of us willcome to the neighborhood with the intention of causing trouble. Please support this exciting new business which seems perfectly geared toward the young and not so young families who call Edina home. Thank you,Lauren and Mike Brucek Birchcrest neighborhood From:Tia Smythe To:Edina Mail Subject:In support of Town Tap Station Date:Wednesday, October 05, 2016 3:45:04 PM To the mayor and council members: I and my husband, Dave Smythe, live at 60th and Wooddale and strongly support the addition of the proposed brewpub at the corner of Valley View and Wooddale. The remains of Wally's are an eyesore. Nearly everyone I know in the Pamela Park and Concord neighborhoods would like to see it come to life again in the form of a local restaurant and place to meet for drinks. The Town Tap people put together a great presentation at a neighborhood meeting and really seem to have a thoughtful plan. My hope is that you will help to make the process go smoothly for the developers so we neighborhood people can start to see their plan come to life as soon as possible. Thanks, Tia Smythe Tia Smythe Edina Piano Tuning & Repair 612-868-3189 edinapianotuning.com From:Jennifer Hennemuth To:Edina Mail Subject:Town Hall Brewery/Council Meeting Date:Wednesday, October 05, 2016 4:03:58 PM Good Afternoon, I wanted to send a quick email with regard to the Town Hall Brewery proposal to be discussed in tonight's council meeting as I will not be attending. I have no personal objections to it going in, but do have a couple concerns I wanted to address. 1. Hours - as this is first and foremost a residential neighborhood and will require a changewith regard to approving a liquor license, I believe it would be in the best interest of the neighborhood if late-night hours are earlier than they might otherwise be if it were situated ina full commercial district. In my opinion, and I have heard concurring opinions, my recommendation is that hours be limited to closing by midnight for this vicinity. 2. Parking - I don't think this is a huge concern and it is difficult to ascertain how muchbusiness the establishment will have on any given day or evening; however, I do also have concern related to limited parking IF the establishment should ever be at full capacity. Myunderstanding is that inside capacity is around 70 and outside capacity is around 60. Since there are designated bike routes on both Valley View and Wooddale, there is no availableparking on the street at that corner. This could potentially push parking into the adjacent commercial parking lots and/or on the residential streets behind, i.e. Fairfax, which might notbe ideal. I don't really know how this would be addressed or if it will even need to be, but trying to look forward to any potential issues in advance as need may be. 3. Traffic - again, I don't know if this will be a major concern depending on business activity,but I live just off Valley View Road and at peak traffic hours, it is nearly impossible to turn out to Valley View Road when traffic is backed up at the stop sign at Wooddale and VV as itis. Valley View is the main thoroughfare in and out of this node and it converges with 62nd, also a main road, and if traffic should increase any more at peak hours or if there is asubstantial increase in traffic throughout the day, this will need to be addressed further as need be. Again, something I don't foresee to be problematic at this immediate juncture, butsomething I feel is important to note going forward if development should continue in this area. 4. Public Plaza Area - This element was just brought to my attention and I don't have specificdetails to date. It has been suggested that the proposal includes the request that the city contribute funds to build a sitting area at the corner - possibly in the amount of $100,000?? While the rendering looks nice and it would be appealing to see, I don't believe the city should be contributing tax payer funds into this private development project and I object to suchcondition particularly at such cost. I hope the council will further review any such request and deny the contribution of public funding at this juncture. Thank you in advance for your consideration of these matters. Jennifer Hennemuth6225 Brookview Ave From:Jennifer Young To:Edina Mail Subject:Support of Town Hall Brewery Date:Wednesday, October 05, 2016 4:14:04 PM Hello City Council - my name is Jennifer Young and I live in the Concord Neighborhood of Edina where the Wally’s gas station is the proposed site of a new eating establishment. I am not able to attend the meeting that I understand is happening tonight but I wanted to voice my support for this proposal. I think the location is an ideal spot for a small local neighborhood place. I’ve spoken with many fellow residents of the Concord and Pamela Park neighborhoods which will clearly be the most affected by this and have run into no one that is anything but thrilled at the prospect. I’ve heard some opposition on social media that quite frankly feels a little bit like watching Footloose. Very outdated concerns about the types of alcohol related issues that are just not going to be a reality in these neighborhoods. Thank you for your taking the time to review and record my support. From:Alyssa C Warren To:Edina Mail Subject:Town Hall Brewery at Wally"s site Date:Wednesday, October 05, 2016 4:17:54 PM Attachments:image001.png image002.pngimage003.png Hello, I am unable to attend the City Council meeting tonight, but wanted to express my full support for the development of a Town Hall Brewery at the old Wally’s gas station. I live in Edina (not too far from the proposed site) and would love to have a unique, local restaurant and brewery to visit with friends and family. I honestly believe this is something that is missing from our area. In my personal experience, the other Town Hall locations are extremely family friendly and don’t pose any sort of a threat to the residential neighborhoods nearby. Thank you for taking the time to read and consider my opinion. Alyssa Warren 5324 W. 60th Street Alyssa Warren Sr. Manager | Interactive Strategy & Marketing .................................. 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Thank you." ****************************************************************************** From:Seth Warren To:Edina Mail Subject:Town Hall Brewery at Wally"s site Date:Wednesday, October 05, 2016 4:22:10 PM Hello, I my wife and I are unable to attend the City Council meeting tonight, I but wanted to express my full support for the development of a Town Hall Brewery at the old Wally’s gas station. Ilive just across highway 100 from the proposed location, and would love to have a unique, local restaurant and brewery to visit with friends and family. I honestly believe this issomething that is missing from our area, and would enhance, not detract from living here. In my personal experience, the other Town Hall locations are extremely family friendly and Idon't believe this location would pose any sort of a threat to the residential neighborhoods nearby. Thank you for taking the time to read and consider my opinion. Seth Warren 5324 W. 60th Street From:Keri Fuqua To:Mary Brindle; James Hovland; Robert Stewart; swensonann1@gmail.com; Edina Mail Subject:Wally"s - Town Hall Brewery Date:Wednesday, October 05, 2016 4:38:14 PM Good Evening, As I am unable to attend the meeting, I am writing in support of the Town Hall Brewery. My family and I live in the Concord Neighborhood, on 63rd and Concord Avenue. We are thrilled that the Town Hall group would like to bring this location to the area. We have traveled to their other locations many times and really enjoy the experience AND the food! We look forward to having something in our neighborhood that doesn’t require us to leave Edina to eat, that will cater to the neighborhood and allow for a solid bite after 8pm. We think this type of establishment is perfect for the area to allow for adult AND family dinners. We NEED better food in Edina, many of the restaurants are losing shine and have become too chain like and are in need of a bit of competition. I would urge you look at how many of your residents are currently leaving Edina to enjoy great food & beverages, we often flock to linden hills or South Minneapolis because there are small locally owned restaurants with great food and drink that keep their menu’s fresh and their food and beverage in top shape. Edina should have more options and the Town Hall Brewery is a welcome addition to the Concord neighborhood! We look forward to seeing it all come to life and supporting it VERY soon. Thank you, Keri Fuqua Concord Avenue From:Keri Fuqua To:Mary Brindle; James Hovland; Robert Stewart; swensonann1@gmail.com; Edina Mail Subject:Wally"s - Town Hall Brewery Date:Wednesday, October 05, 2016 4:38:14 PM Good Evening, As I am unable to attend the meeting, I am writing in support of the Town Hall Brewery. My family and I live in the Concord Neighborhood, on 63rd and Concord Avenue. We are thrilled that the Town Hall group would like to bring this location to the area. We have traveled to their other locations many times and really enjoy the experience AND the food! We look forward to having something in our neighborhood that doesn’t require us to leave Edina to eat, that will cater to the neighborhood and allow for a solid bite after 8pm. We think this type of establishment is perfect for the area to allow for adult AND family dinners. We NEED better food in Edina, many of the restaurants are losing shine and have become too chain like and are in need of a bit of competition. I would urge you look at how many of your residents are currently leaving Edina to enjoy great food & beverages, we often flock to linden hills or South Minneapolis because there are small locally owned restaurants with great food and drink that keep their menu’s fresh and their food and beverage in top shape. Edina should have more options and the Town Hall Brewery is a welcome addition to the Concord neighborhood! We look forward to seeing it all come to life and supporting it VERY soon. Thank you, Keri Fuqua Concord Avenue From:MJ Lamon To:Edina Mail Subject:FW: Indigenous People Day Support Date:Wednesday, October 05, 2016 4:38:57 PM Please share with Council. MJ Lamon, Project Coordinator 952-826-0360 | Fax 952-826-0390 MLamon@EdinaMN.gov | www.EdinaMN.gov From: Heather Edelson [mailto:hmedelson@gmail.com] Sent: Wednesday, October 5, 2016 3:52 PM To: MJ Lamon <MLamon@EdinaMN.gov>; Pat Arseneault <arseneault.westchester@gmail.com>; Ellen Kennedy <ejkennedy@worldwithoutgenocide.org> Subject: Indigenous People Day Support Hello MJ, Can you forward my email to the council? Thanks! I wish you luck tonight, Ellen. Best, Heather ----------------- Re: Indigenous People Day Dear Council, Thank you for the great work you do on behalf of our community! I write this note in support of Edina Adopting Indigenous Peoples Day. It has been adopted inMinneapolis, Saint Paul and many other strong communities and the measure seems to makes sense. The HRRC is not proposing we remove Columbus Day which Edina recognizes asfederal holiday. Instead stating that Indigenous People also deserves a Separate recognition. Warm regards, Heather Edelson From:Mike Grunwald To:Edina Mail Subject:Special Assessment Improvement NO BA-414 input please review Date:Wednesday, October 05, 2016 5:17:14 PM Attachments:Schey Drive project survey notes 2015 Knolls B Neighborhood.docx Hello I cannot attend the October 5th meeting as I had hoped in light of work related issue And my commute time back into the city. Please see attachment for complaints on this project , I never did receive a reply back Addressing my issue and those that others also experienced on this project. I have lived in the area ( same house 7200 Schey Drive for 22+ years during this time I have experienced the following / which certainly do not help the quality of our Neighborhood. A. Increased traffic / commuters are using Gleason Road and Valley view As a cut thru road the roads where not designed for this amount of traffic Or the weight of the truck traveling on the road. B. The road surrounding the Knolls B Neighborhood are in VERY POOR CONDITION I HAVE lived in the area as stated 22 years and have seen NO maintenance on the Roads of Gleason from Hwy 62 South to West 70th . holes are not filled in cracks are Present in the road / man hold covers and set way down causing damage to motor Car rims. I challenge any of you to travel the area on Gleason road from the intersection Of Dewey Hill going south on Gleason road to West 70th and feel the terrible condition Of the road, again in 22 years of living in the area NO road reconditioning TOP layer repair Only has NEVER been done. The road have been left to weather and erode to the point Of a terrible road / bringing down property Valves etc. When I called the City Engineer I was told that Gleason road is a State Highway ??? What In the middle of a residential Neighborhood, asked why the poor condition and was told State road, Well should we not put in a complaint and seek state funding for a overlay To the road with 22+ years or wear. I would ask those responsible to look at the adjoining roads in the Knoll B Neighborhood The thru roads and notice the terrible condition of the roads. Personally the condition of the infrastructure especially roads makes we question why I stay in the city of Edina. I feel the correct amount of monies for the City and infrastructure Works is being drained by other TOP shelf projects and these works projects are left to suffer And become a sub-standard blemish on the on city of Edina and its infrastructure. I really which I could have made the City Council meeting, in closing I hope that this constructive Input finds its way to the parties responsible for fixing these issues.. Please rethink your budgets for the upcoming year and address the responsibility of making Our roads better, the City of Edina need to resolve these issues. Overall I am disappointed in the condition of the city of Edina roads in comparison to other adjoining citys Eden P, Chaska, etc. People visit my home and make comments don’t you repair your roads around here ! Thank you for taking the time to read this input and make corrective actions to the Suggested areas, they really need improvement .. Michael Grunwald 7200 Schey Drive Edina, MN 55439 Attachment Schey Drive project survey notes 2015 Knolls.docx (15587 Bytes) cannot be converted to PDF format. From:Todd Emerson To:Edina Mail Subject:Support Town Hall Station Date:Wednesday, October 05, 2016 5:25:07 PM Greetings, I'd like to express my support for Town Hall Station as a resident of the neighborhood and a friend of Pete Rifakes. Pete has been a close friend of mine for 25 years and I've watched him with great admiration open his first restaurant in the 1990s at Seven Corners in Minneapolis and then eventually his two neighborhood establishments, TH Tap and TH Lanes. My wife and I have two daughters, ages 10 and 11, and we have been to all of Pete's establishments as a family. Town Hall Station would replace a blighted gas station with yet another wonderful, family-oriented establishment which would be a tremendous asset to our neighborhood. I wish I could be there tonight to support Pete, but I had surgery earlier today to repair a torn Achilles. Best, Todd Emerson 5628 Kellogg Place Edina 55424 952-303-4270 Sent from my iPad From:Judi Harvey To:James Hovland Subject:In support of the new Town Hall brew pub/restaurant at Wally"s former site Date:Wednesday, October 05, 2016 5:46:19 PM Mayor Hovland, My husband and I are writing in support of the new Town Hall Brew Pub being planned for the former Wally's service station site in Edina. It would be fantastic to have high quality food as well as a good selection of microbrews from which to choose in town, especially in a place that is easily accessible by many of us in Edina without having to drive or worry about biking near. I've been to the other establishments in Minneapolis and you can't find a better selection of burgers, salads or other foods, and the people who frequent the Town Halls are usually people who spend a fair amount of money - not just on drinking, but on food. It is wonderful to finally have a restaurant around here that is locally owned and operated and of high enough quality that you don't have to go into Minneapolis or St. Paul neighborhoods to enjoy. Minneapolis and St. Paul have many local neighborhood restaurants and brew pubs and they are bringing a restored sense of neighborhood to the areas. More people walking about - and perhaps there will be new life in some of the small strip malls nearby. We could use some more places like this and the Neighborhood Ice Cream shop. I think that the Town Hall brings a high quality as well as friendly atmosphere. Lest you have people who complain and think that it is just another bar, they really need to visit the establishments. The one at 38th and Chicago is a wonderful example - we have gone there many times and would prefer to spend our money in Edina and would love the convenient location as well as the type of establishment. We don't have anything in Edina like Town Hall. We could bike over there and then have ice cream at the neighborhood ice cream shop. Maybe after a school concert or football game or an Edina Chorale or Sousa Band concert. It is a place you can easily bring older kids or teens as well as grandparents who like a good burger and something from the tap (or not). After events that end at 9:30PM, we usually have to go up to St. Louis Park or into Minneapolis as so many things either close late or have parking issues (50th and France is not as convenient). We have to go where people can easily find it, it's open till 11PM on weeknights - later on weekends - and serves good food with a great atmosphere. I hope you support this project . We know that some people have worried about noise and drunks - and they need to understand this type of venue attracts people who are attending events in Edina - families, couples, and including some empty nesters who like to have a late dinner with a beer and would like to have the convenience of such a place in southwest Edina. Except for Perkins it is very difficult to find a restaurant open in Edina after 10PM on weeknights, so we are losing business to other suburbs and the City of Minneapolis. We want to attract and keep younger people to Edina and have them spend their money here as well. This would be a terrific way to do that - as well as make some of the local property values go up, not down. It would increase the interest and values of surrounding commercial property (the Snuffy's strip mall and the other couple of properties). People in southwest Edina would like to walk to a neighborhood restaurant, as many Country Club residents are able to do. I have many neighbors and friends who agree (as well as other members of the Edina Chorale). Thank you. Judith and Paul Harvey 6608 Naomi Drive Edina, MN 55439 judiharv@hotmail.com From:McFetridge, Scott To:James Hovland Subject:Associated Press inquiry Date:Thursday, October 06, 2016 12:24:35 PM Hello Mayor Hovland, I’m a reporter for The Associated Press, based in Des Moines, and have started working on a story about communities that have struggled over the question of whether to install sidewalks. This has been a big issue in a Des Moines suburb, and I’ve read that officials and residents in Edina also have tried to work through disagreements on this issue. Would you have a few minutes to talk with me by phone about the status of sidewalk expansion in Edina and to offer your view about why sidewalks can be such a contentious issue? I can give you a call whenever it’s convenient for you. Best, Scott McFetridge Scott McFetridge Iowa-Nebraska News Editor Des Moines: 515.243.3281 Omaha: 402.391.0031 Twitter: @smcfetridge www.ap.org From:Eugene Nord To:James Hovland Cc:Rick Danmeier; Rick Ites; Dan Geske; Perry Leenders; Tim Nord Subject:BMC Date:Friday, October 07, 2016 10:38:31 AM Good Morning Mayor, On behalf of the BMC, I would like to thank you for taking time out of your busy schedule to be with us for our special Joe Greupner event. Your presence was most important because of your close association with Joe. Your talk was very informative and you did a great job on the Gag Gift of the special parking place with mayoral privilege Your support of the BMC over the years is greatly appreciated and please know you are always welcome. Birdies to ya From:susan.lauermann@thomsonreuters.com To:rick.king@thomsonreuters.com Cc:betsy.lulfs@thomsonreuters.com Subject:Invitation to meet Brian Ryks, new MAC Executive Director/CEO Date:Monday, October 10, 2016 10:05:10 AM Importance:High Hi, In my role as MAC Commissioner I enjoy meeting people in my district and yet I realize there are many of you I haven’t met yet. Since we have a new Executive Director/CEO I thought it would be a great time to get together to introduce you to Brian Ryks to hear about his plans, and for me to connect with you. Please join your colleagues at an Open House, hosted by Minnetonka Mayor Terry Schneider and myself, to welcome Brian back to Minnesota. You will have an opportunity to connect with others in our district, ask questions and meet Bryan. Date: October 26th Time: 4:00 – 6:00 p.m. Place: Minnetonka Community Center 14600 Minnetonka Boulevard, Minnetonka, MN 55345 Please park in the 1st parking lot to your right as you enter campus. *Refreshments will be served. Please RSVP to Betsy Lulfs by October 19th. I look forward to meeting you on the 26th and I know Brian does too. Regards, Oct. 10, 2016 From:Edina Public Schools To:James Hovland Subject:Next Gen News is back for a new year! Date:Monday, October 10, 2016 4:34:37 PM Edina High School named first Partnership for 21st Century Learning Exemplar School in Minnesota P21, The Partnership for 21st Century Learning, has designated Edina High School (EHS) as an exemplar school. EHS received this honor for exemplary 21st century learning practices in preparing students for success in college, career, and life. Learn more in this edition of Next Gen News. Read more Next Gen Stories! Edina Public Schools 952-848-3919 | communications@edinaschools.org | www.edinaschools.org STAY CONNECTED: Edina Public Schools, 5701 Normandale Rd., Edina, MN 55424 SafeUnsubscribe™ jhovland@ci.edina.mn.us Forward this email | Update Profile | About our service provider Sent by communications@edinaschools.org in collaboration with Constant Contact Try it free today From:Common Sense Edina To:James Hovland; Robert Stewart; Kevin Staunton; Mary Brindle; swensonann1@gmail.com Cc:Scott H. Neal Subject:Common Sense for Edina - Edina Park hours and Pamela park lights Date:Monday, October 10, 2016 10:48:13 PM I have never seen any outdoor park hours posted on the city of Edina web site or in the parks. I was at Pamela Park tonight at 10 pm with the lights on and the combination lock on the on/off switch box unlocked.It is pretty common for public parks to close at 10 pm yet the lights at Pamela Park go off automatically at 10:15 and there is no signage about park hours or other regulations. Why is itso difficult to run Edina parks like other parks in the area? The EPD mobile camera is in the Pamela Park parking lot near the turf field so you can watch the teenagers open the combination lock last night. CIty of Bloomington park hours:Parks open at 6 a.m. and close at 10 p.m. Parks open at 6:00 a.m. and close at 10:00 p.m http://4.17.232.139/parks/Parks-Facilities/park-regulations.htm City of Eden Prairie: http://www.edenprairie.org/community/parks-trails-and-amenities/parks PARK REGULATIONS Open 6 a.m.–10 p.m. David Frenkel From:Laura Kondrick To:Scott H. Neal; Edina Mail Subject:Emmy Nominations Date:Tuesday, October 11, 2016 8:10:45 AM TO the city manager, the mayor and the city council members Emmy Nominations Are these nominations for some kind of public promotion? Where can these be viewed? What department produces them? What is the budget? What need does this fill and is there a measurement of views? Do Edina Residents know about this and are the viewed often? I didn't know a about these and even after digging around in the website I couldn't find them. The City of Edina has been nominated for three regional Emmys by the Upper Midwest Chapter of the National Academy of Television Arts and Sciences. The City of Edina received a nomination for “Beyond the Badge” in the “Politics/Government – Program” category. T he City received two nominations in the “Interstitial” category – one for “Public Art Profiles” and another for “On The Job.” Emmy Nominations The City of Edina has been nominated for three regional Emmys by the Upper Midwest Chapter of the National Academy of Television Arts and Sciences. The City of Edina received a nomination for “Beyond the Badge” in the “Politics/Government – Program” category. T he City received two nominations in the “Interstitial” category – one for “Public Art Profiles” and another for “On The Job.” Laura Kondrick 952 215 1677 ---<--{(@ From:Colleen Daman To:Edina Mail Subject:Valley View/Kellogg Ave Sketch Review - Oct. 13 meeting Date:Tuesday, October 11, 2016 10:25:15 PM I'm writing to express my displeasure in the Sketch Plan request for the redevelopment of Valley View and Kellogg Ave. I'm extremely disappointed to see that the Pamela Park Neighborhood, which is a heavily single-family neighborhood is under consideration to add high density housing on .66 acre! I understand the requester has indicated it as low density, but considering all the homes north of Valley View on Oaklawn, Kellogg, and Wooddale are single family, adding 14 units to this parcel feels very dense. When we bought our home 9 years ago a few of the reasons was the location to the park, the single family homes and neighborly feel, and the proximity to the Neighborhood Ice Cream Shoppe. We are frequently out walking, or riding our bikes on Kellogg Ave. Never once have we, or our children, felt that the corner of Kellogg and Valley View was not welcoming. I take offense to the statement in this request that "Adding resident dwelling units at this location naturally creates a more inviting streetscape, as more people will be walking and biking to and from the site which creates and energetic, safe and people-friendly environment, in place of the existing vacant lot conditions today". Clearly this requester has not been to that "vacant lot" on a Monday night in the summer, or a Tuesday night, or a Friday night, when all the soccer or baseball teams stop by. Additionally, per the Small Area Plan, this area was marked as a Neighborhood Node, which supports Neighborhood Serving Businesses. Primary land uses should be retail and services, offices, studios, and institutional uses. Turning this parcel into condos does not meet this requirement. No one moved into this neighborhood thinking that we need condos to complete thie neighborhood. No one moved into this neighborhood looking for 3 story buildings, and no one moved into this neighborhood hoping that a 35 foot setback would be decreased to 7.9 feet! Regards, Colleen Daman 5936 Kellogg Ave. From:Edina Mail To:Deb Mangen Subject:FW: Video Posted to YouTube on 10/12/16 Date:Monday, October 17, 2016 10:38:08 AM Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389 CommIntern@EdinaMN.gov | www.EdinaMN.gov From: Cecily Hewes McNickle [mailto:crwhewes@gmail.com] Sent: Friday, October 14, 2016 10:12 PMTo: Edina MailSubject: Video Posted to YouTube on 10/12/16 Dear Mayor Hovland, Ms. Brindle, Ms. Swenson, Mr. Staunton and Mr. Stewart, While I was skimming my Facebook newsfeed this evening I came across a video that a friend had posted, along with her feelings of outrage regarding an incident that took place in hercommunity. The video is entitled, "Edina Police Incident 10/12/16". The very mention of Edina made me stop to take a closer look. I'm from the New York, but I recognized the nameEdina because I went to college in Minnesota and became good friends with a few people who called it home. I had only ever heard positive things about the town, then again I was hearingthese things from young white men who were privileged enough to grow up in such an idyllic suburb of the Twin Cities. This 6 minute and 55 second long video communicates something entirely different, and it is unsettling. I felt disbelief, confusion, anger and sadness...so much sadness, in those 6 minutesand 55 seconds. I couldn't believe that this young man was approached by a police officer, it wasn't clear to me why this young man was being manhandled by that police officer, I felt myblood pressure rise the longer the police officer went without giving a reasonable explanation for approaching the young man in the first place and finally, I reached my breaking pointwhen the young man was handcuffed, handcuffed while shirtless ALL because he walked along the white line on the side of the road in order to avoid walking directly into aconstruction zone. Why did this happen? Sincerely, Cecily Hewes McNickle From:Edina Mail To:Deb Mangen Subject:FW: Edina City Council Date:Monday, October 17, 2016 10:38:46 AM Hi Deb, Could you make sure these forwarded emails get to the mayor and city council? Thank you! Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389 CommIntern@EdinaMN.gov | www.EdinaMN.gov From: Joe Henderson [mailto:joe@estatemap.com] Sent: Sunday, October 16, 2016 8:19 AMTo: Edina MailSubject: Edina City Council Dear Mayor, As a white St Paul resident (Highland Park) who OFTEN shops at 50th & France, I wish to add my voice to those insisting that you take responsibility for the offensive conduct of thepolice officer in his interaction with the black pedestrian. PLEASE do not undertake the absolutely cliche defense of "stuff that happened before the camera was turned on is really to blame." Nonsense. This woman named Janet has nothing togain from her involvement but obviously had enough concern over what she saw happening that she felt the need to videotape it. I trust her views over the self-serving response from theDepartment. AND THAT IS SAD!!! Try going forward with humility and respect. You will get a LOT further. I will hesitate before shopping in your neighborhood stores again until you make this right. Joe Henderson 1835 Pinehurst AvenueSt. Paul, MN 55116 From:Edina Mail To:Deb Mangen Subject:FW: Video Date:Monday, October 17, 2016 10:39:23 AM Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389 CommIntern@EdinaMN.gov | www.EdinaMN.gov From: judgeardis@aol.com [mailto:judgeardis@aol.com] Sent: Sunday, October 16, 2016 6:49 PMTo: Edina MailSubject: Video I commend the mayor on this statement. Ardis Wexler View this email in your browser Mayor Issues Statement in Response to Police Incident City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better From:Edina Mail To:Deb Mangen Subject:FW: Statement from Mayor Jim Hovland Date:Monday, October 17, 2016 10:40:40 AM Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389 CommIntern@EdinaMN.gov | www.EdinaMN.gov From: Peter Choukalas [mailto:pchoukalas0207@hotmail.com] Sent: Sunday, October 16, 2016 6:50 PMTo: Edina MailSubject: Re: Statement from Mayor Jim Hovland Thank you, Mr. Mayor, for following up on this matter. I think our Edina police officers do a great job. Iam glad to see that our police officers handle situations like this one so well. It could have easily gone very sour. Again, our officers do a great job, and they deserve our thanks. Best Regards, Peter and Beth Choukalas Sent from my iPad On Oct 16, 2016, at 6:34 PM, Mayor Jim Hovland <mail@EdinaMN.gov> wrote: approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences View this email in your browser Mayor Issues Statement in Response to Police Incident City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. From:Edina Mail To:Deb Mangen Subject:FW: Statement from Mayor Jim Hovland Date:Monday, October 17, 2016 10:40:54 AM Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389 CommIntern@EdinaMN.gov | www.EdinaMN.gov From: Kathy Bailey [mailto:kbailey924@comcast.net] Sent: Sunday, October 16, 2016 7:28 PMTo: Edina MailSubject: Re: Statement from Mayor Jim Hovland Thank you for clarifying, I appreciate your email and facts in this case. Kathy Bailey ----- Original Message ----- From: Mayor Jim Hovland To: kbailey924@comcast.net Sent: Sunday, October 16, 2016 6:34 PM Subject: Statement from Mayor Jim Hovland We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences This email has been checked for viruses by Avast antivirus software. www.avast.com View this email in your browser Mayor Issues Statement in Response to Police Incident From:Edina Mail To:Deb Mangen Subject:FW: Statement from Mayor Jim Hovland Date:Monday, October 17, 2016 10:41:11 AM Lauren Siebenaler, Communications Intern 952-833-9522 | Fax 952-826-0389CommIntern@EdinaMN.gov | www.EdinaMN.gov From: carrollp16@aol.com [mailto:carrollp16@aol.com] Sent: Monday, October 17, 2016 9:39 AMTo: Edina MailSubject: Re: Statement from Mayor Jim Hovland Excellent response Mr. Mayor .... I feel that the video, recorded by the bystander, was a partial disclosure and did not reflect the initial contact by the Officer and was also unclear re the final result. I'm reminded of a Mark Twain quote, "People who don't read the newspaper are uninformed and people who do read the newspaper are misinformed", as this statement pertains to the local newspaper article regarding the incident. We applaud the work of the Edina Police Officers in their effort to "serve and protect". Sincerely John and Pauline Carroll -----Original Message----- From: Mayor Jim Hovland <mail@EdinaMN.gov> To: carrollp16 <carrollp16@aol.com> Sent: Sun, Oct 16, 2016 6:34 pm Subject: Statement from Mayor Jim Hovland City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences From:A Amc To:Edina Mail Subject:Dropping charges? Date:Monday, October 17, 2016 3:05:34 PM Mayor Hovland, Do you have any understanding of what you have done by stating that the charges will be dropped against the man who was walking in the street around construction? The arrested party was belligerent, rude and behaved like a child, was doing somethingdangerous to himself and others and, because of this, you will drop the charges because he is black and you are allowing it to be made into a racial issue just because the female who istaking the video wants the officer to "help him" and states it's because he's black that he's being stopped? That officer was nothing but professional!! You are giving people permission to act like animals any time an officer stops them. Howabout you stand up and speak to the community LIKE A MAN and tell EVERYONE of any color under the rainbow that when an officer stops you obey their orders and stay calm andthings will go smoothly. YOU are putting officers' lives on the line with your cowardly actions and setting a precedent of payouts to citizens who deserve no monetary compensation. What on earth could you possibly review as protocol? And what do you know about police work? Have you ever DONE the job? Or have you just sat in your office and watched whileofficers get murdered every day because everyone thinks they are entitled to walk away from or pull guns on or assault our officers? The conversation with the community needs to beabout personal accountability of citizens when in public...not about how we can blame the cops for everyone behaving badly. Your actions are precisely why more officers are being gunned down every week. Stand upfor those who protect you and the community you represent. If you can't stand up for your officers then don't call them when you need them. I can guarantee you will now see asignificant drop in proactive activity from your officers. And who could blame them when you are willing to throw them under the bus for DOING THEIR JOB WELL! You justbrought down whatever morale your officers still had throughout the past two years. When crime rises you need to remember the bed that you made. Jump in and try to clear your conscience enough to sleep at night as the blood of dead officers and taxpayers money will beon your hands. I swear I've hit my limit of stupidity with you politicians. Apparently no one has the balls to say what's morally and legally right instead of just politically correct. From:Joe Henderson To:Edina Mail Subject:Edina City Council Date:Sunday, October 16, 2016 8:19:03 AM Dear Mayor, As a white St Paul resident (Highland Park) who OFTEN shops at 50th & France, I wish to add my voice to those insisting that you take responsibility for the offensive conduct of thepolice officer in his interaction with the black pedestrian. PLEASE do not undertake the absolutely cliche defense of "stuff that happened before the camera was turned on is really to blame." Nonsense. This woman named Janet has nothing togain from her involvement but obviously had enough concern over what she saw happening that she felt the need to videotape it. I trust her views over the self-serving response from theDepartment. AND THAT IS SAD!!! Try going forward with humility and respect. You will get a LOT further. I will hesitate before shopping in your neighborhood stores again until you make this right. Joe Henderson 1835 Pinehurst AvenueSt. Paul, MN 55116 From:Jeanette Braxton To:Edina Mail Cc:Jeanette Braxton Subject:Edina City Council Date:Monday, October 17, 2016 7:03:05 PM Importance:High Hi James Hovland, I was one of the very first African American residents in Edina, MN. In 1978. I was a single-parent of three children. I and my children was treated very nice by the residents in Edina when we lived there. Janet, the lady’s voice in the video is the way that I and my family was treated in Edina. I suggest that the city of Edina hire Janet to train your police force with sensitivity training when dealing with angry Black males when approaching them in your community. My observation from watching the video: 1. The Black male isn’t a resident of Edina because Edina is an affluent neighborhood. It is obvious that the Black male is lost! The police’s perception of the Black male is that he is a thug, i.e. braids, hoodie, back pack, sagging pants, etc. Notwithstanding, the African American male is human and has feelings who hasn’t accomplished anything in his life. 2. The first plain clothes officer was courteous in his speech, but I think the policeman should have taken his hands off the Black man. I personally think the first plain clothes officer is a very nice man, but not use to interacting with an angry Black man. I don’t condoned the Black male disrespecting the police officer with foul language, but the Black male probably doesn’t have command of the English language. 3. African Americans are afraid of the police and angry at the police because of police brutality toward our sons, brothers, nephews, etc. I never witnessed any mistreatment by the police in Edina, MN. But, I have witnessed mistreatment of police brutality toward African Americans in my 74 years, not in Minnesota. 4. Everywhere I travel, I tell African Americans about my experiences and treatment by the residents of Edina, MN. when I lived in Edina, MN. I have concluded over the years that Scandinavians are much more tolerant of other cultures, i.e., African Americans, people of color, etc. Also, I was born and raised in Madison, WI. in 1942, and I am so grateful how the Scandinavians was so compassionate and helpful to the African Americans migrating from the south to Madison, WI. in the 1930s. Maybe, the city of Edina, MN. can be a model city in the U. S. modeling how the police and African Americans can heal. Thank you City of Edina for providing my children and me safety, quality schools, housing, etc. while we resided in Edina, MN. All three of my children went to college and finished college with 2 or more degrees. Jeanette Braxton Secret 5281 Isla Key Blvd., #402 Saint Petersburg, FL. 33715 727-278-7620 jbraxton@myreligiontours.com From:susan.lauermann@thomsonreuters.com To:rick.king@thomsonreuters.com Cc:betsy.lulfs@thomsonreuters.com Subject:Invitation to meet Brian Ryks, MAC Executive Director/CEO Date:Monday, October 17, 2016 3:13:34 PM Importance:High Hi, The MSP Airport has received numerous awards in the last few years. We installed solar panels and a green roof, all towards our sustainability goals. We’ve added new Minnesota-based restaurants to bring attention to the great culinary talent in our region. It is our chance to make a great first impression to all who visit or pass through the Twin Cities with the hope guests come back again and again, and we are excited for future enhancements. As your MAC Commissioner I would like to introduce you to Brian Ryks, the new Executive Director/CEO of the MAC. Please join me and our host, Minnetonka Mayor Terry Schneider, at an Open House so you can meet Brian and hear first-hand his plans for continuing to grow guest experiences and increase the economic impact for the region. Date: October 26th Time: 4:00 – 6:00 p.m. Place: Minnetonka Community Center 14600 Minnetonka Boulevard, Minnetonka, MN 55345 Please park in the 1st parking lot to your right as you enter campus. *Refreshments will be served. Please RSVP to Betsy Lulfs by October 21st. I look forward to meeting you on the 26th and I know Brian does too. Regards, From:Emily Boettge To:Edina Mail Subject:Officer Tim Olson Date:Tuesday, October 18, 2016 7:36:32 AM Good Morning, The letter I sent to Council on Oct. 16th did not make it into the correspondence packet for tonight’s Council meeting. I’m writing to request that it be added-- I’m not sure that I will be able to attend tonight’s meeting, so my letter serves as my community comment.Thank you,Emily Dear Mayor Hovland, City Council, Planner Nolan and Engineer Milner, I want to thank you all for your time and commitment to the City of Edina. Today, I am writing from a place of sadness to express my concern over Edina Police Officer Tim Olson’s treatment of Mr. Larnie Thomas. Although it pains me to say so, I am concerned that the stop would not have happened in the same manner if Mr. Thomas had been white. For example, this morning I found a large road sign down along with a sandbag right in the middle of the sidewalk on 70th St. directly in front of CPC church. Because it was Sunday morning in front of a large church, there was a lot of traffic in the area. As a result, I was forced into the road and could not quickly cross the street to the sidewalk on the other side (see photos). This is a small example, but things like this happen to me all the time in Edina. I also see others walking in the road, even at night, and most of the time people are wearing dark clothing and are not on the left side of the road facing traffic. In 17 years in Edina I’ve never seen or met anyone who has been stopped for either endangering a pedestrian or doing something dangerous as a pedestrian. The only example I’m aware of is Mr. Thomas last week. I’m sure that there are examples that the EPD can point to, but my experience is that these behaviors are not routinely enforced and if people are stopped on occasion they are not grabbed by their clothing and handcuffed. This view is also supported by a discussion with the EPD at an Edina Transportation Commission meeting that I attended on May 15, 2014. At that meeting, Chief Nelson was asked if pedestrian behaviors are enforced. Below is an excerpt from the meeting minutes: [a commissioner] said oftentimes pedestrians walking/running at nights [sic] without reflectors, not using sidewalk, etc. and asked if these behaviors are enforced. Chief Nelson said no and he said as an officer on patrol probably would not be looking for a pedestrian walking/running in the street and this would not cross his mind as being dangerous. I’m also concerned that Officer Olson has been part of several education campaigns including a school curriculum and the Respect is a Two-Way Street campaign. I question whether Officer Olson is the right candidate to educate the city on matters of respect. One of the tenants from Respect is a Two-Way Street was that the “campaign should foster a culture of respect among all street users”. Transportation is an equity issue and we should be fostering a culture of respect among all roadway users and that should include all roadway users regardless of race. Planner Nolan, could you please forward this letter to the rest of ETC? Sincerely, Emily Boettge From:Wilson, Jonathan C. To:Edina Mail Subject:Police Incident Date:Monday, October 17, 2016 2:59:16 PM Honorable Mayor Hovland, I feel incensed by the video of the police incident involving a man doing nothing more serious than walking in the street while black. I could distinctly hear the guy ask, and be told, that he was not under arrest, and yet the officer refused to let go of him. I frankly think that, under the obvious circumstances, the guy was remarkably restrained. The officer was completely out of line, failed and refused to clarify why he was being detained (which he most certainly was being), and the officer escalated the situation rather than de-escalating it. The officer needs discipline at least and, obviously, lots more remedial training. I will not soon feel again the positive way I used to feel about Edina. With all due respect, you and your fellow council members have a lot of work to do. Jonathan Wilson 515-288-2500 The Davis Brown Law Firm is committed to providing Exceptional Client Service. For a review of the supporting principles, go to www.davisbrownlaw.com/exceptional. This email message is for the sole use of the intended recipient(s) and may containconfidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender byreply E-mail and destroy all copies of the original message. HEALTHCARE PRIVACY STATEMENT: This message may contain protected healthinformation that is strictly confidential. If you have received this email, you are required to maintain the security and confidentiality of the information and may not disclose it withoutwritten consent from the patient or as otherwise permitted by law. Unauthorized disclosure may be subject to federal and state penalties. View this email in your browser From:carrollp16@aol.com To:Edina Mail Subject:Re: Statement from Mayor Jim Hovland Date:Monday, October 17, 2016 9:38:35 AM Excellent response Mr. Mayor .... I feel that the video, recorded by the bystander, was a partial disclosure and did not reflect the initial contact by the Officer and was also unclear re the final result. I'm reminded of a Mark Twain quote, "People who don't read the newspaper are uninformed and people who do read the newspaper are misinformed", as this statement pertains to the local newspaper article regarding the incident. We applaud the work of the Edina Police Officers in their effort to "serve and protect". Sincerely John and Pauline Carroll -----Original Message----- From: Mayor Jim Hovland <mail@EdinaMN.gov> To: carrollp16 <carrollp16@aol.com> Sent: Sun, Oct 16, 2016 6:34 pm Subject: Statement from Mayor Jim Hovland Mayor Issues Statement in Response to Police Incident City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences View this email in your browser Mayor Issues Statement in Response to Police Incident From:Kathy BaileyTo:Edina MailSubject:Re: Statement from Mayor Jim HovlandDate:Sunday, October 16, 2016 7:28:10 PM Thank you for clarifying, I appreciate your email and facts in this case. Kathy Bailey ----- Original Message ----- From: Mayor Jim Hovland To: kbailey924@comcast.net Sent: Sunday, October 16, 2016 6:34 PM Subject: Statement from Mayor Jim Hovland City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences This email has been checked for viruses by Avast antivirus software. www.avast.com View this email in your browser From:Peter Choukalas To:Edina Mail Subject:Re: Statement from Mayor Jim Hovland Date:Sunday, October 16, 2016 6:50:35 PM Thank you, Mr. Mayor, for following up on this matter. I think our Edina police officers do a great job. Iam glad to see that our police officers handle situations like this one so well. It could have easily gonevery sour. Again, our officers do a great job, and they deserve our thanks. Best Regards, Peter and Beth Choukalas Sent from my iPad On Oct 16, 2016, at 6:34 PM, Mayor Jim Hovland <mail@EdinaMN.gov> wrote: Mayor Issues Statement in Response to Police Incident City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences View this email in your browser From:jim kollross To:Edina Mail Subject:Re: Statement from Mayor Jim Hovland Date:Monday, October 17, 2016 3:14:23 PM This action by Edina Police Department indicates a racist attitude. As an Edina resident I have seen an attitude in the Police Department which incites discord. Obviously this person was profiled. Myself and most Edina residents that I know have a mistrust for the way you act as mayor. We would like to see you step down, we need a mayor who has the interests of citizens, not strong arm police. From: Mayor Jim Hovland <mail=EdinaMN.gov@mail58.atl51.rsgsv.net> on behalf of Mayor Jim Hovland <mail@EdinaMN.gov> Sent: Sunday, October 16, 2016 6:34 PM To: JimKollross@msn.com Subject: Statement from Mayor Jim Hovland Mayor Issues Statement in Response to Police Incident City of Edina Mayor Jim Hovland recently released the following statement in response to a police incident that occurred Wednesday, Oct. 19: Just before noon Oct. 12, an Edina Police Officer observed and stopped Larnie Thomas, who was walking in the lane of traffic on a busy city street. Thomas was detained at the scene. People across the country are expressing concern about how he was treated by the Edina Police. Thomas was not taken to jail. He was driven to a local shopping mall at his request and released. The citation issued to Thomas will be dismissed. The officer involved was following established protocol. However, under the circumstances, the City will review that protocol and determine how to better approach this type of incident with greater sensitivity in the future. We will work with the Edina community and invite other organizations to participate in this very important conversation. There are lessons we should and will learn from this experience. Facebook Twitter Instagram YouTube Email Website Copyright © 2016 City of Edina, All rights reserved. You're receiving this email because you live in the City of Edina or have opted in to receive information from the City of Edina. Our mailing address is: City of Edina 4801 W. 50th St. Edina, MN 55424 Add us to your address book unsubscribe from this list update subscription preferences From:Jessica Kingston To:Edina Mail; Scott H. Neal Subject:Video - traffic stop Date:Monday, October 17, 2016 11:37:00 PM Dear Mayor and Scott, It has taken me awhile to write this email. I have been deeply disturbed by what transpired in the video, the statement from the Police and some subsequent statements. Growing up in Edina, and even to this day, I have been subjected to things because of my skin color. I have also heard of various treatment given to people of color versus whites by the Edina Police Officers. In the wake of the deaths of black people and the movement of BLM, I have put up with the signs around town "thanking Police for their service" without any recognition of nor sympathy for the unfair treatment people of color have faced at the hands of Police. There was an article within the last few years outlining disparities and tickets in Edina vs the population and I don't recall hearing anything happening from that report. Specifically addressing this issue, in all my years I have never heard of nor seen a Police officer in Edina stop a white person for the same thing that happened to this gentleman. Given there was construction on the sidewalk, was there a need to approach this person? There are a number of streets without sidewalks, including the streets outside my house. People walk in the street all the time. I often let people know it is ok to walk in my yard. I see Police drive up and down 58th Street frequently without ever stopping anyone. Whatever policy this officer followed not only needs to be looked at but use a racial equity tool to examine what disparities they may unintentionally causing. Secondly, when the officer said to the gentleman that "we don't use that language in this neighborhood", he immediately pegged him as an outsider and told him as such. To say people in Edina never swear is ludicrous. I was immediately reminded, when I served on HRRC, of the profanity spray painted on the outside walls of Southview Junior High for the entire community to see. Why would the officer say something like that? No civilian should be addressed in that manner. I was flabbergasted when the Police department issued a statement indicating the gentlemen had been drinking and an alcohol test showed that. Why would that even be part of the statement? The reason he was stopped had nothing to do with drinking and this was a clear attempt to malign this gentlemen which we have seen too often by Police. Last time I checked, it is not illegal to be 21 and have a drink of alcohol. It was not as if he was drunk, running around the street carrying a bottle of alcohol. There was construction on the sidewalk which was the basis for him walking in the street. In the future, I hope that the city stops saying things like this when it has no bearing on the case. While I appreciate an attempt to speak with and / or appease Minneapolis NAACP and BLM, there are a number of community leaders of color in Edina who I believe you should be working with. We are and have been the members of this community and have solutions as well. I hope you convene a meeting sooner rather than later within the city to hear our voices. If you are looking for training ideas around bias, please work with either the Saint Paul or Seattle Police Department. Seattle has a training program approved by the DOJ that addresses racism, LEED and implicit bias. Saint Paul used a similar model and has been expanding on it since completing the three part series. I believe that implementing the practices and protocols of the President's 21st Century Policing Task Force will be instrumental to avoiding the way in which the gentleman was handled by the officer. This includes officers saying he may not be going to jail, then verbally saying he was being arrested, and then turning around and telling the public that he was dropped off at Southdale. While that may have been true, he was cuffed and told he would be arrested. A simple conversation advising the person, wearing headphones, to walk on the other side of the street or, driving along side him while he walked around the construction. Perhaps protecting the civilian versus treating him like an outsider might have been a better way to handle the situation. I understand that this incident will be a topic of discussion at the Council Meeting. I am traveling and unable to attend but will watching closely as things continue to unfold. While dismissing the citations is a step in the right direction, an apology should be given and the city needs to verbally commit to work on confronting and overcoming bias in policing. Edina is a city that should be open and welcoming to all people so that they feel accepted. We have moved past the racial covenants in housing. Now, let's work together through this issue. With kind regards, Jessi Kingston Sent from my iPhone Sent from my iPhone From:Cecily Hewes McNickle To:Edina Mail Subject:Video Posted to YouTube on 10/12/16 Date:Friday, October 14, 2016 10:12:07 PM Dear Mayor Hovland, Ms. Brindle, Ms. Swenson, Mr. Staunton and Mr. Stewart, While I was skimming my Facebook newsfeed this evening I came across a video that a friend had posted, along with her feelings of outrage regarding an incident that took place in hercommunity. The video is entitled, "Edina Police Incident 10/12/16". The very mention of Edina made me stop to take a closer look. I'm from the New York, but I recognized the nameEdina because I went to college in Minnesota and became good friends with a few people who called it home. I had only ever heard positive things about the town, then again I was hearingthese things from young white men who were privileged enough to grow up in such an idyllic suburb of the Twin Cities. This 6 minute and 55 second long video communicates something entirely different, and it is unsettling. I felt disbelief, confusion, anger and sadness...so much sadness, in those 6 minutesand 55 seconds. I couldn't believe that this young man was approached by a police officer, it wasn't clear to me why this young man was being manhandled by that police officer, I felt myblood pressure rise the longer the police officer went without giving a reasonable explanation for approaching the young man in the first place and finally, I reached my breaking pointwhen the young man was handcuffed, handcuffed while shirtless ALL because he walked along the white line on the side of the road in order to avoid walking directly into aconstruction zone. Why did this happen? Sincerely, Cecily Hewes McNickle From:judgeardis@aol.com To:Edina Mail Subject:Video Date:Sunday, October 16, 2016 6:48:35 PM I commend the mayor on this statement. Ardis Wexler From:USCM/Tom Cochran To:Edina Mail Subject: Message from Sacramento Mayor Johnson Date:Monday, October 17, 2016 3:02:46 PM TO: The Mayor FROM: Tom Cochran, CEO and Executive Director Sacramento Mayor and USCM Past President Kevin Johnson has asked that I share the following message with all mayors. Friends and Colleagues, As you may know, my time as Mayor of Sacramento is coming to a close at the end of this year. It has been an incredible experience to lead my hometown into a new era, and I am equally amazed by all the great work we have been able to accomplish together in Sacramento and throughout the country. I feel very fortunate to have been able to work with and learn from all of you, an incredible group of leaders committed to helping cities become a better place for all residents. It has truly been an honor. Kevin The United States Conference of Mayors1620 I St., N.W. 4th Floor Washington, DC 20006 Add us to your address book unsubscribe from this list | update subscription preferences | update your contact information Date: October 18, 2016 Agenda Item #: IX.B. To:Mayor and City Council Item Type: Other From:MJ Lamon, Project Coordinator Item Activity: Subject:Board and Commission Quarter 3 Attendance Report Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Quarterly staff submits an attendance report for each Board and Commission for City Council's review. This report is in lieu of staff liaisons including a monthly report as the last page of their approved minutes. This report includes the months of July, August, and September. ATTACHMENTS: Description Q3 Board and Commission Attendance Report J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 1 10 NAME TERM 9/7/2016 (Enter Date) Herr, Amanda 1 1 1 3 30% Weston, Connie 3/1/2017 1 1 1 1 1 1 1 7 90% Pence, Alison 3/1/2017 1 1 1 1 1 1 1 1 1 9 90% Zilka, Christy 3/1/2019 1 1 1 1 1 1 6 80% Schultz, Caleb 3/1/2019 1 1 1 1 1 1 1 7 90% Cozad, Cathy 3/1/2016 1 1 1 1 1 1 1 1 8 80% Conner, Kristen 3/1/2018 1 1 1 1 1 1 1 7 70% Orr, Britta 3/1/2018 1 1 1 1 1 1 1 1 1 1 10 100% Sarles, Steve 3/1/2019 1 1 1 1 1 1 6 60% Sokol, Nina (student)9/1/2016 1 1 1 1 1 1 1 1 1 1 10 100% Knapp, McKenna (student)0 0% Liaisons: 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. COMMUNITY HEALTH COMMISSION J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 9 NAME TERM (Enter Date)(Enter Date) La Valleur, Barbara 3/1/2017 1 1 1 1 1 1 1 1 8 89% Miller, Anne 3/1/2017 1 1 1 1 1 1 1 7 78% Gunness, Cheryl 3/1/2018 1 1 1 1 1 1 1 1 8 89% Suckow, Steve 3/1/2019 1 1 1 1 1 1 1 7 78% Lappin, Dana 3/1/2018 1 1 1 1 1 1 6 67% Rubin, Russ 3/1/2019 Meifert, Ray 3/1/2018 1 1 1 1 1 1 1 1 8 89% Ellis, Kandace 3/1/2018 1 1 1 1 1 1 1 7 78% Chaffee, Stella 3/1/2019 1 1 1 1 1 1 6 89% Howe, Jane (student)9/1/2017 1 1 11% Mertes, Mollie (student)9/1/2017 1 1 11% Liaisons: 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. *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. ARTS & CULTURE COMMISSION J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 9 NAME TERM 3/15/2016 (Enter Date) Burmeister, Jeff 3/1/2019 1 1 1 1 1 1 6 86% Glahn, William 3/1/2017 1 1 1 1 1 1 1 1 1 9 100% Horan, Michelle 3/1/2017 1 1 1 1 1 1 6 86% Jackson, Carolyn 3/1/2019 1 1 1 1 1 1 1 7 100% Kostuch, Keith 3/1/2016 1 1 1 1 1 1 1 1 8 89% Manser, Richard 3/1/2018 1 1 1 1 1 1 1 7 78% Mohanty, Sonat 3/1/2017 1 1 1 1 4 57% Satterlee, Lauren 3/1/2018 1 1 1 1 1 1 1 1 1 9 100% Seeley, Melissa 3/1/2018 1 1 1 1 1 1 1 1 1 9 100% Waddick, Louise 3/1/2017 1 1 1 1 1 1 1 1 8 89% Zarrin, Sarah 3/1/2018 1 1 1 1 1 1 1 1 1 9 100% 0 0% Reinke, Emily 9/1/2016 1 1 1 3 33% Stefanik, Sarah 9/1/2016 1 1 1 1 4 44% Kim, Joanna 9/1/2017 1 1 100% Madhok, Gauri 9/1/2017 1 1 100% Liaisons: 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. ENERGY & ENVIRONMENT COMMISSION J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 1 10 NAME TERM 9/20/2016 (Enter Date) Loving, Scott 3/1/2019 1 1 1 3 75% Christiaansen, Jennifer 3/1/2018 1 1 1 1 1 1 1 1 8 80% Moore, Bob 3/1/2018 1 1 1 1 1 1 1 7 70% Sussman, Peter 3/1/2018 1 1 1 1 1 1 6 60% McLellan, Bruce 2/1/2017 1 1 1 1 1 1 1 1 8 80% Birdman, Michael 3/1/2019 1 1 1 1 1 1 1 1 1 1 10 100% Kelly, Karen 3/1/2019 1 1 1 1 1 1 6 60% Pearson, Colleen 3/1/2018 1 1 1 1 1 1 6 60% Nymo, Sarah 3/1/2017 1 1 1 1 1 1 1 1 8 100% Puerzer, Payton (student)9/1/2017 1 1 1 1 1 1 1 1 1 9 90% Nemerov, Hannah (student)9/1/2017 1 1 50% 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. HERITAGE PRESERVATION BOARD J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 9 NAME TERM 7/19/2016 (Enter Date) Arseneault, Pat 3/1/2018 1 1 1 1 1 1 1 1 1 9 100% Nelson, Jim 3/1/2018 1 1 100% Kennedy, Ellen 2/1/2017 1 1 1 1 1 1 1 1 8 89% Vecchio-Smith, Maggie 3/1/2017 1 1 1 1 1 1 1 7 78% Meek, Michelle 3/1/2019 1 1 1 1 1 1 6 89% Martin, Kristina 3/1/2019 1 1 1 1 1 5 78% Edwards, Cindy 3/1/2019 1 1 1 1 1 1 1 7 100% Edelson, Heather 3/1/2017 1 1 1 1 1 5 78% Beringer, Catherine 3/1/2018 1 1 1 1 1 1 1 7 100% Chao, Connie 9/1/2017 1 1 100% Sinha, Prasoon 9/1/2017 1 1 100% Liaisons: 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. HUMAN RIGHTS & RELATIONS COMMISSION J F M A M J J A S O N D Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 1 10 NAME TERM 6/7/2016 (Enter Date) Dahlien, Matt 3/1/2019 1 1 1 1 1 1 1 1 8 100% Gieseke, Dan 3/1/2018 1 1 1 1 1 1 1 1 1 9 90% Good, Greg 3/1/2018 1 1 1 1 1 1 1 1 8 80% Greene, Gerry 3/1/2017 1 1 1 1 1 5 50% McAwley, Eileen 3/1/2019 1 1 1 1 1 1 6 80% McCormick, Brenda 3/1/2017 1 1 1 1 1 1 1 1 1 9 90% Meyer, Randy 3/1/2017 1 1 1 1 1 1 6 75% Miller, Michael 3/1/2019 1 1 1 1 1 1 1 1 8 100% Mohs, Trevor 3/1/2020 1 1 100% Nelson, Koren 3/1/2019 1 1 1 1 1 1 1 1 1 9 90% Strother, Julie 3/1/2018 1 1 1 1 1 1 1 1 1 9 90% Ben Gustafson 9/1/2017 1 1 100% Katherine Hulbert 9/1/2017 1 1 100% Crist, Lauren (student)9/1/2016 1 1 1 1 1 1 1 7 70% Lohani, Aanik (student)9/1/2016 1 1 1 1 1 1 1 1 8 80% Liaisons: 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 PARK BOARD Work Session Work Session # of Mtgs.Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 NAME TERM (Enter Date)(Enter Date) Hobbs, Steve 3/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15 83% Olsen, Jo Ann 2/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 100% Lee, Susan 2/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 17 94% Platteter, Michael 2/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 17 94% Bennett, Jimmy 2/1/2016 1 1 1 1 1 1 1 1 1 1 1 1 1 6 94% Hamilton, John 3/1/2018 1 1 1 1 1 1 1 1 1 1 1 1 1 1 14 100% Thorsen, Todd 3/1/2018 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 100% Strauss, Gerard 3/1/2018 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 17 94% Nemerov, Ian 3/1/2018 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 100% Berube, Sheila 2/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 100% Jones, Tanner 9/1/2017 1 1 1 100% Kivimaki, Peter 9/1/2017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 18 100% Liaisons: 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. O N D PLANNING COMMISSION J F M A M J J A S J F M A M J J A S O N D SM WS # of Mtgs Attendance % Meetings/Work Sessions 1 1 1 1 1 1 1 1 1 9 NAME TERM (Date)6/21 Bass, Katherine 3/1/2017 1 1 1 1 1 1 1 7 78% Boettge, Emily 3/1/2017 1 1 1 1 1 1 1 7 78% Brown, Andy 3/1/2019 1 1 1 1 1 1 6 89% Iyer, Surya 3/1/2018 1 1 1 1 1 1 1 7 78% LaForce, Tom 3/1/2018 1 1 1 1 1 1 1 1 1 9 100% Loeffelholz, Ralf 3/1/2018 1 1 1 1 1 1 1 7 78% Janovy, Jennifer 3/1/2017 1 1 1 1 1 1 1 1 1 9 100% Miranda, Lou 3/1/2019 1 1 1 1 1 1 1 7 100% Olson, Larry 3/1/2017 1 1 1 1 1 1 1 1 1 9 100% Ding, Emily (student)9/1/2016 1 1 2 22% Ruehl, Lindsey (student)9/1/2016 1 1 1 1 4 44% Liaisons: 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. TRANSPORTATION COMMISSION ATTENDANCE Date: October 18, 2016 Agenda Item #: C.1. To:Mayor and City Council Item Type: Minutes From:Jackie Hoogenakker, Planning Support Item Activity: Subject:Minutes: Planning Commission, September 14, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: Attached are the September 14, 2016, Planning Commission Meeting minutes. ATTACHMENTS: Description Minutes: Planning Commission Regular, September 14, 2016 Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 1 of 18 Minutes City Of Edina, Minnesota Planning Commission City of Edina, Council Chambers September 14, 2016 I. Call To Order Chair Platteter called the meeting to order at 7:00 P.M. II. Roll Call Answering the roll were: Commissioners Lee, Thorsen, Strauss, Olsen, Nemerov, Hamilton, Bennett, Chair Platteter. Communications Director, Bennerotte, Community Development Director, Teague, Administrative Specialist, Hoogenakker Absent from the roll: Commissioner Hobbs Chair Platteter welcomed Tanner Jones; the new student member to the Planning Commission. III. Approval Of Meeting Agenda Chair Platteter amended the Agenda, VII. Reports and Recommendation by adding an E. Election of Officers. A motion was made by Commissioner Thorsen to approve the amended agenda. The motion was seconded by Commissioner Strauss. All voted aye. The motion carried. IV. Approval Of Meeting Minutes A motion was made by Commissioner Thorsen to approve the August 24, 2016, meeting minutes. Commissioner Nemerov offered a correction to the minutes. Motion was seconded by Commissioner Strauss. All voted aye. The motion carried with correction. V. Public Hearings A. Rezoning, Preliminary Development Plan and Variances at 4500 Valley View Road, Edina, MN for Peter Rifakes. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 2 of 18 Planner Presentation Planner Teague reported that Pete Rifakes, Town Hall Brewery, is proposing to remodel and expand the existing gas station building at 4500 Valley View Road into a restaurant. The remodeling would include a 1,300 square foot addition for a cooler and office/storage area, and a 1,000 square foot patio. The restaurant would be designed for 64 indoor dining seats and 11 seats at the bar. The outdoor patio area would have 66 seats. Planner Teague noted that the plan is generally consistent with a sketch plan that was reviewed for redevelopment of the site back in 2014-15. At that time the plan was generally well received. To accommodate the request the applicant is requesting a rezoning of the site from PCD-4 to PCD-1, Planned Commercial District; and Site Plan Review with building, signage, and parking space variances. Planner Teague pointed out the PCD-4 zoning is reflective of Wally’s Gas Station that was in operation for many years. Teague further noted that based on feedback from the Planning Commission and City Council, the applicant has made the following revisions to the plans: Eliminated parking in the front. Expanded the public space on the corner. Added landscaping and green space. Enhanced the architecture of the building. Added sidewalks. Planner Teague concluded that staff recommends that the City Council approve the Preliminary Rezoning from PCD-4, Planned Commercial District to PCD-1, Planned Commercial District and Preliminary Development Plan with the requested Building Setback Variance, Parking Stall Variance and Variance to allow the use of the existing Pylon Sign to remodel and expand the existing Wally’s gas station structure at 4500 Valley View Road based on the following findings: 1. The proposed land uses are consistent with the Comprehensive Plan. 2. The proposed variances are reasonable. The practical difficulties for these variances are based on existing conditions. The existing building setback and pylon sign do not conform to City Code, and the parking lot is an existing condition. Rather than add stalls in front of the restaurant, a shared parking arrangement is proposed. It is reasonable to continue these nonconforming conditions. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 3 of 18 3. The Spack Consulting parking study has determined that the site can function with the proposed parking stalls. The City has typically not required parking stalls when they are not needed. 4. The proposal is a vast improvement over existing conditions, which includes pavement that extends to the lot lines. Significant green space and landscaping has been added in front of the building on both Valley View and Wooddale. 5. The applicant is dedicating an easement for public gathering space at corner of Valley View and Wooddale. 6. The proposed remodeled building with green space and boulevard style sidewalks will enhance the character of the neighborhood, as it is a vast improvement to the existing structure and existing conditions of the site. Approval is also subject to the following Conditions: 1. The Final Development Plans must be consistent with the Preliminary Development Plans dated July 22, 2016, and the materials board as presented to the Planning Commission. 2. The Final Landscape Plan must meet all minimum landscaping requirements per Chapter 36 of the Zoning Ordinance. 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 at the time of any building permit. The property owner is responsible for replacing any required landscaping that dies after the project is built. 3. Compliance with all of the conditions outlined in the city engineer’s memo dated September 16, 2016. 4. Provision of code compliant bike racks (5 minimum) near the building entrances. 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. Roof-top mechanical equipment shall be screened from adjacent residential property, per Section 36-1459 of the City Code. 7. Final Lighting Plan must meet all minimum lighting requirements per Chapter 36 of the Zoning Ordinance. Lighting shall be down lit. Staff further recommends that the City Council deny the Variances to allow the signs above the roofline, and the wall sign variance from 15% to 62%. Denial is subject to the following findings: 1. Lack of a practical difficulty. Denial of the variances would not cause a practical difficulty for the applicant. Signage could still be applied to the building. The proposed rooftop Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 4 of 18 signs could be relocated below the roofline. The wall sign could be reduced in size to 15% of the wall face. 2. The City has not granted variances to allow retail signs above the roofline, or variances to exceed the 15% wall face provision. 3. Approval of the Variances could set a precedent for similar requests. Appearing for the Applicant Peter Rifakes, Town Hall Station Discussion/Comments Commissioners commented on the following: • Planner Teague was asked to clarify the sign variances. Planner Teague explained that the pylon sign is existing nonconforming; however, the other two signs are new and could comply with the current ordinance. Teague pointed out the sign ordinance does not allow above the roof signs nor does it permit a wall sign greater than 80 square feet. Continuing, Teague said the proposed roof top sign could be lowered and the wall sign could be limited to 80 square feet. Teague was further asked if the sign proposed for the west building wall was painted and if so what the difference between a painted sign vs. mural is. Planner Teague responded that the proposed sign for the west elevation is painted indicating Station which is an advertisement. • Commissioners asked Teague if the corner public space is at grade. Teague responded he believes that is the case. • Commissioners commented that hopefully the new restaurant would be successful; however, could that success create spillover parking into the neighborhood. Planner Teague responded that staff believes that the current parking situation would meet the demand; however, if parking were to become a problem no parking signs could be ordered to be placed on the City streets. • A concern was expressed over introducing alcohol into a residential neighborhood. Planner Teague said the applicant is required to apply for a liquor license and meet all requirements. Teague said it is also possible for the Commission to place limited hours of use on the license. • Planner Teague was asked where on the site is liquor permitted to be consumed. Planner Teague responded that Edina has strict rules on consumption. Liquor can be served inside the restaurant and outside in a restricted area. Teague was asked if there was a concern with the “public corner”. Teague responded that the corner area is for everyone, residents Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 5 of 18 and/or patrons of the businesses. Teague said food would be allowed; however, no alcoholic beverages can be consumed in that public space. • Commissioners noted that the sidewalk was very redeeming. They asked if the sidewalk would be extended farther. Teague responded that slopes do not lend themselves to a sidewalk being continued farther along the street; however, Teague said if the entire site would be redeveloped staff would request that the sidewalk be continued. Applicant Presentation Mr. Rifakes addressed the Commission and explained that he has been in the restaurant business since 1997. He reported he has two other restaurants in the metro area; Town Hall Tap and Town Hall Lanes. Rifakes said the proposed Town Hall Station is modelled after Route 66, adding the theme fits well with the gas station. With regard to the variance for the above the roof sign it was felt that the heated porcelain white and red band historically identifying the gas station could be cleaned and polished and kept as an architectural feature free of signage. Rifakes also said they felt that the screening of the roof top mechanicals would be like a wall and would be the backdrop for the proposed above the roof sign. With regard to the west elevation building wall sign Rifakes did say they have a Plan B which reduces the sign to 15% of the wall area. With graphics Rifakes pointed out aspects of the project to include: • Sidewalk and boulevard bordering both Wooddale and Valley View. • Eliminating confusing curb cuts • Improved public right-of-way with trees and landscaping • Creating public gathering space with decorative paving and stone seating Discussion/Comments • Commissioners stressed that all lighting including the signs meet code and be down lit. • Commissioners acknowledged Plan B for signage on the west elevation and asked Rifakes to explain his reasoning for the larger sign. Rifakes explained that people get used to seeing things so a business is always competing to be noticed. The larger painted wall sign stands out from the competing signage of the adjacent mall. • Mr. Rifakes was asked if there are any environmental issues that need to be addressed/cleaned up. Rifakes responded that the gas tanks have been removed and no leakage was found; however they are leasing the site adding the owner would address any issues. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 6 of 18 • Commissioners asked the hours of operation. Mr. Rifakes said at this time they believe the restaurant would be open until 1 am. Rifakes said they are not against adjusting their hours of operation somewhat; however, would be opposed to closing at 9 pm. • Commissioners asked Mr. Rifakes if he was concerned that patrons of the restaurant would leave the area with their drinks. Rifakes said their operation has no problem enforcing the rules. He said patrons will be made aware where they can “drink” alcoholic beverages and those rules would be followed. • Commissioners suggested that more vegetation be added to the corner area public space. • Commissioners asked if the restaurant would offer take out. Rifakes responded in the affirmative; however he said 90% of their business is sit-down. A discussion ensued on traffic and if parking was adequate. Mac Moreland, Spack Consulting addressed the Commission and explained that their findings indicated that the street system can adequately deal with traffic and that the present 4-way stop is sufficient to accommodate traffic during peak hours. Moreland acknowledged added congestion during the peak hours; however, the increase was not significant to warrant a traffic signal. Moreland further noted that the site is presently zoned for a gas station adding their findings indicates a fully operational gas station would generate more traffic than the proposed restaurant. Moreland further indicated that parking was sufficient; however, the current striping of the lot could be reconfigured to accommodate more parking spaces. Public Testimony Chair Platteter opened the public hearing. The following spoke to the issue: Jeff Miller, 4509 Garrison Lane informed the Commission he fully supports this redevelopment, adding that the applicant has a proven track record with two successful restaurants in neighborhoods. John Carlson, 4433 Ellsworth Drive told the Commission he doesn’t like to see liquor introduced in a residential neighborhood. Stacey, an apartment manager for the apartment building directly across the street commented that she feels this addition adds a lot of good things to the area. She suggested that speed Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 7 of 18 bumps be considered too slow people down. She said sound could also be an issue, adding all in all it’s a great addition to the neighborhood. Chair Platteter acknowledged the Commission received in their packet a number of letters of support for the project. Motion was made by Commissioner Thorsen to close the public hearing. The motion was seconded by Commissioner Strauss. All voted aye. The motion carried. Continued Discussion/Comments • Commissioners expressed their support for the project and the requested variances indicating the proposal enlivens the neighborhood and supports pedestrian connections. • Commissioners reiterated they support the parking variance from 143 to 103 parking spaces; however, suggested that the parking lot be restriped and/or a proof of parking agreement be entered into to ensure parking would not impact the residential neighborhood. • Commissioners again indicated their support for approving the sign variances. They indicated the sign above the roof was reasonable and keeping the porcelain band and bringing the band back to life was a good architectural feature to retain. Commissioners also saw no issue with the pylon sign; however, the proposed sign painted on the west building elevation, either Plan A or Plan B would work. Commissioner Strauss noted that Commissioner Lee served on the board that implemented the small area plan for this neighborhood and asked her if she felt this proposal met the goals outlined in the Wooddale Valley View small area plan. Commissioner Lee responded that this corner was identified as the catalyst for neighborhood redevelopment, adding in her opinion that goal was met. She further noted that the small area plan envisioned the corner piece of the property as a public area and the plans as presented accomplished that. Continuing, Lee said she also feels that proposed signage is good and enhances the area, adding she can support all three sign variances. Lee said with regard to the proposed restaurant offering liquor there will always be those in support of it and those against it. Motion A motion was made by Commissioner Nemerov to approve the rezoning of the site from PCD-4 to PCD-1, Planned Commercial District and site plan review with building, signage and parking space variances based on staff findings and subject to staff conditions. A Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 8 of 18 second was offered by Commissioner Thorsen. Commissioner Olsen offered an amendment to the motion to include as conditions a Proof of Parking Agreement (Re-stripe lot) and that more landscaping and benches are added to the corner public area. Commissioners Nemerov accepted the Proof of Parking Agreement; however, did not accept the condition providing more landscaping and additional benches. Ayes; Lee, Thorsen, Strauss, Nemerov, Hamilton, Bennett, Platteter. Nays, Olsen. Motion carried 7-1. Chair Platteter said he would call for a nonbinding vote on the benches and landscaping. Commissioners voted to support the nonbinding amendment adding additional landscaping and benches to the corner public space. VI. Community Comment None. Motion was made by Commissioner Thorsen to close Community Comment. Motion was seconded by Strauss. All voted aye. The motion carried. VII. Reports/Recommendations A. Staff Report: Floodplain District Overlay Ordinance Updates Planner Teague reported FEMA revised the flood plain map which requires a public hearing before both the Commission and Council. Teague said that the Engineering Division has been working on the revision for months, adding a final decision to adopt needs to be made in November. Teague asked the Commission to note that the Commission will hold a public hearing on the Floodplain District Overlay Ordinance updates on September 28, 2016; adding tonight is only informational. Teague introduced Ross Bintner, Engineering Division to speak to the issue. Mr. Bintner addressed the Commission and explained he is present this evening to update the Commission on specific revisions to the Floodplain District Overlay Ordinance. Bintner added, as mentioned by Planner Teague that the City needs to adopt a conforming Floodplain Overlay Ordinance by November 4, 2016, in order for its residents to continue to participate in the National Flood Insurance Program. Continuing, Bintner said that City staff has been working on this update for a long time. Bintner asked the Commission to note that the City of Edina is the only City to appeal and challenge findings on the map, adding the City won those challenges and has received a conditional letter of approval from the MN DNR. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 9 of 18 Discussion/Comments Commissioners offered the following: • Commissioners asked Mr. Bintner where the flood plain is in Edina. Bintner responded that all property in Edina was monitored, adding the majority of floodplain exist along the Creeks, 9-Mile and Minnehaha, near our lakes and ponds with other locations such as the Rolling Green, 9-Mile Village and Weber Park area. • Commissioners expressed concern over statements in the memo from engineering staff “to opt out”. Bintner was also asked for more explanation about why the City wants to opt out of the flood ordinance items that it proposed to opt out of, including the possible current and future effects on homeowners. Bintner explained in specific instances the City requested to deviate from the revisions; however, the City is NOT opting out of the ability for Edina residents to purchase flood insurance. There was some hesitation with the amended Ordinance with the Commission asking Bintner to find out how other cities handled the revisions and bring back those findings and more explanation on the “opt out” items to the public hearing on September 28th. Chair Platteter thanked Mr. Bintner. B. Sketch Plan Review – 5109 – 5125 49th Street West, Edina, MN Planner Introduction Planner Teague reported that the Planning Commission is asked to consider a sketch plan request to redevelop three lots at 5109-5125 West 49th Street. Teague explained that opinions or comments provided to the applicant shall be considered advisory only, and shall not constitute a binding decision on the request. Teague noted that the applicant is proposing to tear down the existing two apartments and single family home on the site and build two new 3-4 story condominiums with a total of 27 units. The applicant is proposing six units or 22% of the units for affordable housing. The property is 1.43 acres in size. The density proposed in the project would be 19 units per acre. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 10 of 18 Teague informed the Commission this site was rezoned to PUD in 2013; however, the approved project for the site was never built. The site was approved for a 16 unit townhome development that had a density of 11 units per acre. To accommodate that request a Comprehensive Plan Amendment was granted to re-guide the site from LDAR, Low Density Attached Residential (1-4 units per acre), to MDR, Medium Density Residential, which allows up to 12 units per acre. Teague explained that this new request would require another Comprehensive Plan Amendment to re-guide the site to HD, High Density Residential. A High Density Residential designation would allow the site to be developed with over 12 units per acre. A Zoning Ordinance Amendment to the existing PUD would also be required. Concluding, Teague said the applicant is present to share their vision. Appearing for the Applicant Edward Briesemeister, Great Oaks, Dan Ionescu, Architects & Planners Applicant Presentation Mr. Briesemeister addressed the Commission and explained that their vision includes a significant increase in greenspace. Briesemeister said they believe their proposal calls for empty nesters not the younger population the previous project was designed for. With graphics Briesemeister pointed out the viable pedestrian connection to Vernon Avenue and usable open space. He added their objective was to have an inclusive project that includes an affordable housing component. With graphics Briesemeister highlighted the following aspects of the project: • Tear down the existing two apartments and single family home. • Construct two new 3-4 story condominium buildings with a “wedding cake” design and a total of 27-units. • Provide six units (22%) for affordable housing. • Two parking spaces for each conventional unit and one parking space for each affordable unit. • Classic Nordic features will be incorporated into the building design. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 11 of 18 • 11 guest parking spaces are provided along West 49th Street (inside the curb). • Preserve as many larges trees as possible to include the wooded area along the RR tracks. Mr. Briesemeister told the Commission they held a neighborhood meeting with good response and thanked the Commission for this opportunity. Discussion/Comments • Commissioners asked what the site was previously zoned. Planner Teague responded the house was zoned R-1 and the apartment buildings were zoned PRD, adding the current zoning is PUD. • Commissioners asked if setbacks would be met. Planner Teague responded that would have to be looked into at the time of formal application. • Commissioners asked the applicant if he knows how much taller the new building would be when compared to the R-1 house to the east. Mr. Briesemeister responded he believes the new structure would be roughly 10-feet taller than the existing house. • Commissioners acknowledged the openness of the site and the effort to provide a pedestrian experience; however, there was concern with ADA standards and bike mobility. Briesemeister acknowledged that the topography of the site doesn’t lend itself well as a thoroughfare; however, it is designed for pedestrian access to Vernon Avenue. Briesemeister noted the slopes and their intent to retain as many large trees as possible. A discussion ensued on the recent information that the sound wall could be continued along Vernon Avenue behind the subject property. It was acknowledged that until it is known how far the sound wall would extend it is difficult to design access from the subject site to Vernon Avenue. The discussion ensued with Commissioners acknowledging the concept was interesting; however, more density is being placed into smaller buildings. Commissioners expressed some concern with traffic. Mr. Briesemeister acknowledged the increase in density adding he believes traffic levels will be equal to the levels calculated for the townhouse development. Briesemeister further acknowledged there is only one way in and one way out of this neighborhood and that includes having to cross a railroad track and that needs to be studied. With graphics access into and out of the site was viewed along with the 11 visitor parking spaces built into the curb. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 12 of 18 Commissioners further expressed the following: • Acknowledgement that this parcel is unique and as the past indicates a challenge to redevelop. It was noted the site is a small site with a topography challenge, access challenge, and use challenge. The location of this multifamily site in an R-1 neighborhood is another challenge that makes in important to get redevelopment of the site correct. • As previously mentioned the sound wall could pose a problem. The applicant will need to work with the City and MNDOT to get clarity on where the wall will end and if a “gate” could be added to the wall. It was pointed out that there is an existing informal pedestrian path that runs along the tracks opening to Vernon Avenue; however a more formal access would be preferred. • The railroad tracks are also an issue not only for safety reasons but for vehicle stacking during the time a train crosses. • It was further reiterated that this project increases the density. Mr. Ionescu said their design is community based adding they really want to work with the City and the neighbors to integrate this project into the neighborhood. Chair Platteter thanked the applicant for their presentation and encouraged them to bring their proposal to the City Council. C. Sketch Plan Review – 7200 France Avenue, Edina, MN Planner Introduction Planner Teague reported that the Planning Commission is asked to consider a sketch plan proposal to redevelop the 3.51 acre parcel at 7200 France Avenue. The applicant is requesting consideration of a proposal to tear down the existing office building on the site, and redevelop it with a six-story, 241 unit apartment building with parking on the first two levels. The applicant is proposing 10% of the units to be affordable To accommodate the request, three amendments to the Comprehensive Plan would be required for: Building Height – from 4 stories to 6 stories. Housing Density – from 30 units, per acre to 69, and Floor Area Ratio (FAR) – from .5 to 1.58. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 13 of 18 Teague further noted that a rezoning to PRD-5 with FAR and building height variances, or rezoning to PUD, Planned Unit Development would also be required. Teague explained that all traffic would access the site off 72nd Street. No access is proposed off France Avenue. Some of the existing mature trees along the west lot line would remain with extensive ponding proposed. Boulevard style sidewalks are proposed along 72nd and France, with sidewalk around the ponding area and along the south side of the building. Teague acknowledged that the proposed uses would be an upgrade to the current use of the site. However, the proposed density is significant, and nearly triples the density allowed on site per the existing Zoning. This site only allows 30 units per acre currently; however greater densities have been contemplated as part of the Southdale Area Study. Teague concluded that this property is located in the OR, Office Residential District in the Comprehensive Plan. Primary uses are offices, attached or multi-family housing; secondary uses include limited retail and service uses (no big box). “Vertical mixed-use is encouraged and may be required for larger sites.” Development guidelines include upgrading existing streetscape and building appearance, improve pedestrian and transit environment, encourage structured parking. This project does not meet the goals of vertical mixed-use. While the building would be an improvement over the existing, staff has concern about the mass of the building so close to the street, the architecture, the lack of engagement from the building to the sidewalk, and no underground parking. Appearing for the Applicant Michael Campbell, Campbell Capital Group, LLC, Michael Pool, Pool Architects Discussion/Comments The Commission acknowledged there is history with this site and expressed the importance of having no left turn into the residential neighborhood onto West 72nd Street. Applicant Presentation Mr. Campbell addressed the Commission explained that the site is a 3.51 acre site with an office building. Campbell said their intent is to redevelop the site with a 5-story building over 2-levels of parking. The proposed building is a luxury apartment complex with 241 apartment units, 385 parking spaces (above ground) and 10% affordable units. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 14 of 18 Campbell said that City staff did share with them the challenges of the site and he told Commissioners the development team is flexible and willing to listen to input from the City. Continuing, Campbell said their goal was to place the building closer to the street; however, they are flexible if the City wants the building pushed farther back on the site. Campbell said the biggest obstacle the site faces is challenges with storm water management and sidewalk placement. Campbell pointed out with graphics the vision is to address storm water through ponding; however, he reiterated they need to work with the City on this issue. Campbell pointed out the ground water issue hinders going deep because of the ground water. Campbell said another important issue is that there are conflicting opinions on if the site can be accessed off France Avenue. He pointed out the sketch plan provides access off West 72nd Street, adding he does understand there is history with this access. Campbell introduced Michael Poole, Poole & Poole Architects to explain the design. Mr. Poole with graphics pointed out building placement, water feature placement and how the building engages France Avenue. He said the units proposed along France Avenue will have a front stoop onto France Avenue, stressing the importance of the building engaging the street. Mr. Poole asked the Commission to note the site sits farther down from France Avenue which also generates a concern with storm water management. Patrick Savre, Civil Site Group pointed out the goal of distancing the buildings from the neighborhood to the west and restricting traffic into that neighborhood. Savre said it is difficult to design the site without access to France Avenue. With graphics Savre pointed out the challenges of the site to include access and storm water management. Discussion/Comments • Commissioners asked the applicant what they believe the problem would be if the building is moved farther to the west. Mr. Savre responded that if the building is moved farther west the open area could be lost and pipes would need to be used to manage storm water. Placing the building closer to the street was something they thought the City was receptive too while giving them the opportunity to retain more open space with less impact on the existing vegetation. • Commissioners said it is their understanding that access can be achieved off France Avenue and suggested that the applicant approach Hennepin County again. Mr. Campbell responded his interaction with Hennepin County said otherwise. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 15 of 18 • Commissioners asked if the project was strictly residential. Mr. Campbell responded it is all residential, adding they prefer only residential. • Commissioners acknowledged the inclusion of affordable housing and asked the applicant their opinion. Mr. Campbell said they would prefer not to add affordable housing; however, staff made it clear that the City’s goal was to provide affordable housing opportunities. • It was pointed out that this site is transitional between residential and commercial, adding the proposed building height and density could be an issue. Mr. Campbell acknowledged this site is transitional, adding their intent was to tie the new structure to the redevelopment across the street. Commissioners noted that the proposed building does not have to match the newer Byerly’s development across France Avenue. Mr. Poole said they can drill down on the aesthetic aspects of the building to include stepping. • A number of Commissioners expressed concern over building height and the proposed setback; reiterating the building as proposed is too close to the street and the building as proposed lacks engagement from the building to the sidewalk. • An opinion was also expressed that the building height was not an issue; however, the challenge was to “up the design” so the building looks like it has movement to it. • Further opinions were expressed that the building is too tall, reiterating that this is a transitional zone requiring the building to have more of a residential feel. It was further acknowledged that the project addressed the street; however, if the podium design was implemented engagement with the street would be better. It was suggested that the applicant find a way to break up the building mass through architectural elements, stepping, etc. It was acknowledged that the proposed open area or small pocket park was intriguing; adding it would be interesting if this open area could connect pedestrians across France Avenue. • It was pointed out that the west side of France has historically been held to 4-stories and any redevelopment exceeding that height needs to be right. Chair Platteter thanked the applicant for their comments adding that with regard to France Avenue and its status as a County road the City has limited control. It was reiterated that the applicant again reach out to the County. Platteter asked if the applicant had any questions for the Commission. Mr. Campbell said it was his understanding in contacting the County that access off France Avenue was not likely and all access would be provided off West 72nd Street. With regard to the building design the development team thought identifying the new building with what exists across the street was a good thing. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 16 of 18 D. Work Plan Planner Presentation Planner Teague referred to the 2017 Work Plan asking the Commission to note the main focus of the 2017 plan is updating the Comprehensive Plan. Chair Platteter said he agrees with that assessment. Commissioner Lee acknowledged the importance of the Comprehensive Plan; however, said she wants to keep the monitoring of the Residential Redevelopment Coordinator on the List. Planner Teague said his intent was to have Cindy Larsen, Residential Coordinator continue to give the Commission yearly updates. Continuing, Commissioner Lee said another issue, that in her opinion, needs further review is lot coverage as it relates to surface permeability. She noted not all paved surfaces are taken into account for lot coverage; however, those surfaces can become an issue. Lee said she would really like the Commission to stay on top of storm water management and stay especially vigilant in the R-1 neighborhoods. Lee said she would be happy to clarify her issues and ideas to staff. Planner Teague reported that engineering is working on storm water management issues and will return to the Commission with their finding and recommendations. The Engineering Division reviews all building plans as it pertains to storm water management. Commissioner Nemerov questioned the role of the Planning Commission as it pertains to the Southdale Working Group and the established “Southdale Principles”. Nemerov questioned why those Principles are making their way into the decision making process if they aren’t ordinances. Teague said the ultimate goal is to reconcile the Comprehensive Plan with the Zoning Ordinance which can be achieved through these Principles. Nemerov pointed out developers could become frustrated with the “hidden rules”. Planner Teague explained that the Southdale Principles were developed at the request of the City Council.; mainly in response to the continued redevelopment occurring in the Southdale area and Edina as a whole. Teague said during the updating of the Comprehensive Plan many issues may be resolved to include ordinance amendments. Nemerov reiterated he is uncomfortable asking applicants to respond to those Principles and making Commission decisions based on how the applicant responds to the Principles; reiterating it’s a policy; not ordinance. Concluding, Nemerov said maybe the Southdale Principles could be added to the work plan. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 17 of 18 A discussion ensued about what should be on the 2017 Work Plan with Commissioners acknowledging that the updating of the Comprehensive Plan is first and foremost the issue the Commission needs to focus on in 2017 Commissioner Lee suggested she would like the Commission to vote on adding additional items to the 2017 Work Plan. She said the Comprehensive Plan is vague and more clarity is needed on a number of issues to include continued monitoring of the Residential Redevelopment Coordinator duties especially as they relate to storm water management. It was noted that storm water management is not the only issue that impacts neighborhoods or the environment and to continue to be only focused on storm water management may be short sighted. Commissioner Lee moved to add to the 2017 Work Plan the monitoring of residential redevelopment particularly in light of storm water runoff and drainage. Platteter called for a vote; 3 ayes, 5, nays. Planner Teague reiterated he would continue to invite Cindy Larsen, Residential Redevelopment Coordinator to update the Commission on what’s occurring in the City. VIII. Correspondence And Petitions Chair Platteter acknowledged the receipt of back of packet materials. Continuing, Platteter informed the Commission that he offered his resignation from the Commission, adding this was his last meeting. Platteter said he was much honored to serve on the Commission over the past eight years. Members of the Commission and City Staff wished Platteter well and thanked him for his years of service on the Commission and other planning related task forces. Commissioners stated Chair Platteter would be missed. Chair Platteter pointed out since he resigned from the Commission a new chair and vice-chair need to be installed. Chair Platteter nominated Commissioner Olsen to serve as Chair of the Planning Commission. All Members voted aye. Commissioner Olsen was appointed as Chair. Chair Platteter noted Commissioner Olsen was the vice-chair pointing out election of a new vice- chair is needed. Draft Minutes☐ Approved Minutes☒ Approved Date: 9/28/2016 Page 18 of 18 Commissioner Lee nominated Commissioner Nemerov as Vice-Chair. All Members voted aye. Commissioner Nemerov was appointed as Vice-Chair Chair Platteter said Commissioner Thorsen remains the Commissions Secretary. IX. Chair And Member Comments None X. Staff Comments Planner Teague reported that Sheila Berube would be appointed to the Planning Commission at the next meeting of the City Council. XI. Adjournment A motion was made by Commissioner Thorsen to adjourn the meeting of the Planning Commission at 11:00 P.M. Motion seconded by Commissioner Strauss. All voted aye. The motion carried. Jackie Hoogenakker Jackie Hoogenakker Jackie Hoogenakker Jackie Hoogenakker Respectfully submitted Date: October 18, 2016 Agenda Item #: C.2. To:Mayor and City Council Item Type: Minutes From:Jeff Brown, Community Health Administrator Item Activity: Subject:Minutes: Community Health Commission, June 13, 2016 & July 11, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: ATTACHMENTS: Description Minutes: Community Health Commission June 13 2016 Minutes: Community Health Commission July 11 2016 MINUTES Community Health Commission June 13, 2016 at 6:30 PM City Hall, Community Room I.Call To Order II.Roll Call Present: Chair Britta Orr, Kristen Conner, Cathy Cozad, Connie Weston, Christy Zilka, Caleb Schultz, Steve Sarles. Student Members Jessica Hong and Nina Sokol. Absent: Alison Pence, Melinda Bothun-Hurley. III.Approval Of Meeting Agenda Motion by Cathy Cozad to Approve Meeting Agenda. Seconded by Connie Weston. Motion Carried. IV.Approval Of Meeting Minutes Motion by Connie Weston to Approve Meeting Minutes - May 9, 2016. Seconded by Cathy Cozad. Motion Carried. A.May 9, 2016 Minutes V.Community Comment VI.Reports/Recommendations A.Edina Resource Center Presentation Presentation from Andrea Bernhardt, Edina Resource Center. Overview of ERC responsibilities and services. ERC works as a connection point for residents to a wide variety of services. B.Bloomington Public Health - Emergency Preparedness Presentation/Contract Presentation from Nick Kelley, Assistant Public Health Director with Bloomington Public Health. Overview of Public Health Emergency Preparedness funding through Minnesota Department of Health from the Centers for Disease Control. Motion by Connie Weston to Recommend Approval of Public Health Emergency Preparedness Contract with Bloomington Public Health for 2016-2017.. Seconded by Caleb Schultz. Motion Carried. C.Council Work Session Topics/Discussion Discussion of topics for Joint Work Session with City Council on August 16th at 6:15 p.m. -Nina Sokol to present student focused topics. -Britta Orr to present update on Edina Public Schools Mental Health and Wellness Initiative. -Caleb Schultz to present on Sugar Sweetened Beverage Taxes and Tobacco 21. VII.Correspondence And Petitions VIII.Chair And Member Comments IX.Staff Comments X.Adjournment Meeting adjourned by Chair Orr. MINUTES Community Health Commission July 11, 2016 at 6:30 PM City Hall, Community Room I.Call To Order II.Roll Call Present: Britta Orr, Alison Pence, Christy Zilka, Connie Weston, Kristen Conner. Student Members Jessica Hong and Nina Sokol. Public Works Director Brian Olson, Staff Liaison Jeff Brown. Resident Char Alt, Public Health Nursing student. Absent: Melinda Bothun-Hurley, Steve Sarles, Caleb Schultz, Cathy Cozad. III.Approval Of Meeting Agenda Motion by Connie Weston to Approve Meeting Agenda. Seconded by Alison Pence. Motion Carried. IV.Approval Of Meeting Minutes Motion by Alison Pence to Approve June 13 Meeting Minutes. Seconded by Christy Zilka. Motion Carried. A.June 13, 2016 CHC Minutes V.Community Comment Public Health Nursing student attending meeting as part of class requirements. VI.Reports/Recommendations A.Vinyl Chloride Information Review of vinyl chloride contamination issue with Public Works Director Brian Olson. Discussion of City's efforts to mitigate risk associated with contamination. B.Joint Work Session Preparation VII.Correspondence And Petitions VIII.Chair And Member Comments IX.Staff Comments Motion by Britta Orr to cancel August 8th, 2016 CHC meeting because joint work session with City Council is on August 16th. Seconded by Alison Pence. Motion Carried. A.City Health Initiatives X.Adjournment Date: October 18, 2016 Agenda Item #: C.3. To:Mayor and City Council Item Type: Minutes From:MJ Lamon, Project Coordinator Item Activity: Subject:Minutes: Human Rights and Relations Commission August 23, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Human Rights and Relations Commission approved minutes from their August 23, 2016 regular scheduled meeting. ATTACHMENTS: Description Minutes: HRRC August 23, 2016 Approved Minutes MINUTES Human Rights and Relations Commission August 23, 2016 at 7:00 PM City Hall, Community Room I.Call To Order Chair Arseneault called the meeting to order at 7:01 PM II.Roll Call Answering Roll Call: Chair Arseneault, Commissioners Beringer, Edwards, Edelson, Kennedy, Meek. Absent: Commissioners Martin, Rinn, Student Commissioners Kearney and Ramesh. Late: Commissioner Vecchio Smith Staff Present: Liaison Lamon and City Management Fellow Dumais III.Approval Of Meeting Agenda Motion by Commissioner Heather Edelson to Approve the September HRRC meeting agenda. Seconded by Commissioner Michelle Meek. Motion Carried. IV.Approval Of Meeting Minutes Motion by Commissioner Michelle Meek to Approve the the July HRRC meeting minutes. Seconded by Commissioner Heather Edelson. Motion Carried. V.Community Comment Jim Nelson: Thanked the commission for welcoming him as a new commission member beginning at the September 2016 HRRC meeting. VI.Reports/Recommendations A.2016 Work Plan Updates Commissioner Edelson reported on the committee's progress for the sharing values, sharing community event. The Imam who was invited is no longer able to do the event Imam Asad Zaman agreed to participate. The committee is working with city staff on the poster to advertise the event. Commissioner Vecchio-Smith arrived at 7:05. Commissioner Vecchio-Smith reported on the Community Conversations Committee's progress on their report which is still in progress. Page 1 of 2 APPROVED Commissioner Beringer reported on a meeting she had with City Planner Joyce Repya about affordable housing in Edina. B.Indigenous People's Day Resolution Commissioner Kennedy reported on a draft resolution for Indigenous People's Day. Chair Arseneault reported on the state definitions of holidays, specifically on Columbus Day. The Commission discussed concerns with the draft and asked the committee for a revised draft of the resolution to be brought to the September HRRC meeting. Commissioner Kennedy will review other cities' resolutions and other sources before revising the resolution; commissioner Beringer and Chair Arseneault will assist with the revised draft. C.Bias Offense Response Plan Motion by Commissioner Ellen Kennedy to the bring the revised Bias Offense Response Plan to City Council. Seconded by Commissioner Heather Edelson. Motion Carried. D.2017 Proposed Work Plan Commission worked on their 2017 workplan. VII.Correspondence And Petitions none VIII.Chair And Member Comments Commissioner Kennedy reported that the William Mitchell Hamline School of Law is doing a event on Indigenous People's Day. Chair Arseneault reported that she attended the Government Alliance on Race and Equity Speaker Series on Strategies for government to advance racial equity and found th presentation very interesting. IX.Staff Comments X.Adjournment Meeting adjourned at 9:07 pm. Motion by Commissioner Ellen Kennedy to Adjourn the Motion Seconded by Commissioner Michelle Meek. Motion Carried. Page 2 of 2 APPROVED Date: October 18, 2016 Agenda Item #: C.4. To:Mayor and City Council Item Type: Minutes From:Joyce Repya, Senior Planner Item Activity: Subject:Minutes: Heritage Preservation Board, September 13, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: The minutes from the September 13, 2016 Heritage Preservation Board meeting are provided for your information. ATTACHMENTS: Description Minutes: Heritage Preservation Board, September 13, 2016 Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes Heritage Preservation Board September 13, 2016 Minutes City Of Edina, Minnesota Heritage Preservation Board Edina City Hall - Community Room Tuesday, September 13, 2016 I. Call To Order Chair Birdman called the meeting to order at 7:00 p.m. II. Roll Call Answering roll call were Chair Birdman and Members Moore, Sussman, Kelly, Nymo, Loving, and Student Member Puerzer. Absent were Members Christiaansen, McLellan, Pearson, and Student Member Nemerov. III. Approval Of Meeting Agenda Motion was made by Moore and seconded by Kelly to approve the meeting agenda. All voted aye. The motion carried. IV. Approval Of Meeting Minutes Motion was made by Nymo and seconded by Sussman to approve the minutes from the August 8, 2016 meeting. All voted aye. The motion carried. V. Community Comment: None VI. Reports/Recommendations A. Certificate of Appropriateness: H-16-6 4519 Bruce Avenue - A New Detached Garage Planner Repya explained that the applicant is requesting to replace the existing detached garage (constructed in 1976) with a new garage of the same size, in the same location. The proposed design of the garage compliments the Italian Renaissance Revival style of the home; and she recommended approval of the request subject to the plans presented and the installation of a year built plaque on the exterior of the structure. Motion was made by Kelly and seconded by Sussman to approve the Certificate of Appropriateness for the proposed detached garage, subject to the plans presented and a year built plaque be installed on the exterior of the structure. All voted aye. The motion carried. Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes Heritage Preservation Board September 13, 2016 B. Certificate of Appropriateness: H-16-7 4530 Casco Avenue - A New Detached Garage Planner Repya explained that the subject request involves the conversion of an existing attached garage to living space, and building a new detached garage in the southwest corner of the year yard - accessed by the existing driveway. The proposed garage design compliments the American Colonial Revival style of the home and is consistent with the scale and mass of detached garages that the HPB has approved in the past. Ms. Repya recommended approval of the request subject to the plans presented and a year built plaque be installed on the exterior of the structure. Furthermore, the plans for the attached garage conversion, while not subject to the COA application, were provided for the board’s information. The applicant’s architect, Mike Eckhardt, Archos Architecture & Design, P.A., addressed the board explaining that the existing attached garage was expanded in1954 and takes up much of the property’s rear yard. The design of the garage intentionally mimics many of the American Colonial Revival elements found on the home; and the conversion of the attached garage to living space will enhance the livability of the home both inside and out. Member Sussman complimented Mr. Eckhardt on the project, noting that the design demonstrates how a house can be revitalized without being torn down. Motion was made by Moore and seconded by Nymo to approve the Certificate of Appropriateness for the proposed detached garage, subject to the plans presented and a year built plaque be installed on the exterior of the structure. All voted aye. The motion carried. C. Certificate of Appropriateness: H-16-8 4608 Casco Avenue - A New Home Planner Repya explained that the applicant is requesting to demolish the existing 1977 Contemporary style home that is not considered an historic resource in the Country Club District, and construct a new home with an attached garage located at the rear of the home, accessed by a driveway on the south side of the property. Ms. Repya pointed out that the process for evaluating a COA for a new home in the Country Club District entails two meetings. During this first meeting, the HPB considers the design, and provides feedback relative to how the design meets the criteria of the District’s Plan of Treatment. At the second meeting, final action is taken on the request. The plans under consideration for this initial review included a modernist interpretation of what some would call the “Mediterranean” style, but also included elements of the Colonial Revival and Prairie styles. Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes Heritage Preservation Board September 13, 2016 The exterior materials proposed for the home included stucco and cedar shake siding with wood columns, trim, guardrails and brackets. Cedar shingles are proposed for the roof. The proposed height of the proposed home at the peak is 28.3’. The adjacent home to the north (4606) has a ridge height of 27.75’; and the home to the south (4610) has a ridge height of slightly over 26’ to peak. When implementing the HPB’s process for calculating the maximum height allowed at no more than 10% higher than the average height of the adjacent homes, a maximum height of 29.6’ would be permissible. Ms. Repya concluded that Preservation Consultant Robert Vogel evaluated the proposal and determined that the proposed home would not detract from the historic integrity of the adjacent properties or the district as a whole (since it is infill construction, not a replacement of a historic home). Perhaps more importantly, it would not look like a 21st century attempt to imitate early 20th century architecture; adding that is what the authors of the Secretary of the Interior’s standards for rehabilitation meant when they recommended against discouraging contemporary design for infill construction in historic districts, so long as the new construction was compatible with the size, scale, color, material and character of the neighborhood. The following neighbors spoke relative to the proposed plans: • Dawn Buchanan, 4616 Casco Avenue • Dave Anderson, 4603 Casco Avenue • Stuart Adler, 4610 Casco Avenue • Lisa Korslund, 4606 Casco Avenue • Carol Kast, 4610 Casco Avenue Comments provided included: • The proposed exterior wall cladding of stucco and cedar shake siding was called into question. • The front terrace/dining room projecting in front of the front entry appeared backwards. • Verification of the front yard setback was requested. • The design was an improvement from the current home. Members of the Heritage Preservation Board provided the following feedback: • Beautiful home, but doesn’t reflect the styles in the Country Club District. • Prominence of double doors with the recessed front entry is inconsistent with surrounding homes. • The eave height is over 30” higher than the adjacent homes which is an excessive difference. • The hip roof makes the ridge height look less important. • There is a lack of hierarchy with the front entry due to the French doors off the dining room protruding in front of the southerly front entry. Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes Heritage Preservation Board September 13, 2016 • The design is skillfully composed; however the context for review relative to the other homes in the District is unclear - providing photos of similar homes would be helpful. • The stucco/shingle cladding proposed for the exterior walls is a common combination of materials for period revival homes. • The glass door with sidelights is a departure from the entry doors of homes in the District. Architect, Andrea Swan explained that the proposed design reflects the research she had done on the homes in the District, where she found that the front yard and facades are celebrated. The owner, Dan Schaefer of Landmark Builders stated that he has built over 40 homes in Edina and is excited for this project. Chair Birdman thanked the residents for their interest in the project, and the board for their comments. He explained that the purpose of this first meeting was for the applicant to receive feedback on the proposal. At the next meeting of the HPB on October 10th, the board will evaluate a final design and take action at that time. D. HPB Work Plan 2016 Planner Repya provided the board with the updated 2016 Work Plan, announcing that it will be the topic of conversation at the joint work session with the City Council scheduled for Tuesday, September 20th at 6:15 pm. Repya pointed out that initiative #6 “Create an information sheet to be included in the new resident packet that highlights Edina historical facts” was recently completed and in need of HPB review and approval. A brief discussion ensued amongst the board with agreement that the Edina History Timeline was very informative. Motion was made by Sussman and seconded by Nymo to approve the Edina History Timeline (initiative #6). All voted aye. The motion carried. E. HPB Work Plan 2017 Planner Repya explained that a proposed 2017 work plan is due to be submitted on September 23, 2016. Taking into consideration the carry-over items from the 2016 work plan, as well as the board’s discussions relative to future plans; a draft 2017 work plan was presented the board’s review. Board members briefly discussed the new format of the 2017 work plan and the initiatives that will be proposed to the City Council. It was agreed that the draft as proposed should be submitted for the City Council’s consideration. Ms. Repya pointed out that Chair Birdman will attend a meeting with the City Council on October 5th to discuss the proposed work plan. Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes Heritage Preservation Board September 13, 2016 F. Election of a New Vice Chair: Continued to the October Meeting VII. Chair And Member Comments Member Sussman announced that he will be offering another tour of the Adath Yeshurun Cemetery on France Avenue. The date that would work best for him would be Sunday, October 9th. The board discussed the proposed date and asked if starting the tour sometime after 3:00 p.m. would be possible. Member Sussman agreed to check his schedule and finalize the date/time very soon. Member Moore announced that a new exhibit entitled “Southdale: The creation of a Cultural Landmark” will be opening at the Edina Historical Society’s Museum at Arneson Acres on October 8, 2016. He invited board members to attend a preview of the exhibit on the evening of October 7th from 6:00 - 8:00 p.m. He added that the opening date coincidentally corresponds with the 60th anniversary of the center. Chair Birdman reported that he attended the Minnesota State Historic Preservation Conference in Hastings, MN on September 8th & 9th as a representative of the Edina Heritage Preservation Board. Mr. Birdman shared information on the sessions he attended, as well as the interesting preservationists he met from throughout the state and country. He concluded his comments by encouraging board members to take advantage of the learning experience offered at the annual conference by attending next year in a city that has yet to be determined. VIII. Adjournment Motion was made by Moore and seconded by Kelly to adjourn the meeting at 9:00 p.m. All voted aye. The motion carried. Respectfully Submitted, Joyce RepyaJoyce RepyaJoyce RepyaJoyce Repya Date: October 18, 2016 Agenda Item #: C.5. To:Mayor and City Council Item Type: Minutes From:Ann Kattreh, Parks & Recreation Director Item Activity: Subject:Minutes: Park Board September 13, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Park Board minutes are attached. ATTACHMENTS: Description Park Board, Sept. 13, 2016, minutes Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 Minutes City Of Edina, Minnesota Park Board Edina City Hall, Council Chambers September 13, 2016 I. Call To Order Chair McCormick called the meeting to order at 7:01p.m. II. Roll Call Answering roll call were Chair McCormick, Members Strother, Miller, Mohs, Good, Nelson, Gieseke, Dahlien, McAwley and Student Members Gustafson and Hulbert Absent was Member Meyer Staff present: Staff Liaison Ann Kattreh, Assistant Parks & Recreation Director Susan Faus, Administrative Support Specialist Janet Canton and Recreation Supervisor Eric Boettcher III. Approval Of Meeting Agenda Motion made by Gieseke to approve the meeting agenda. Motion seconded by Dahlien. Motion carried. IV. Approval Of Meeting Minutes Motion made by Miller to approve the Aug. 8, 2016 Park Board tour and regular meeting minutes. Motion seconded by Strother. Motion carried. V. Community Comment John Hamilton, 6125 Beard Ave. S, addressed the Park Board concerning Strachauer Park and how the Strachauer Park Neighborhood Association could be a great resource to help the city understand what the park needs. Kelsey Johnson, 6119 Beard Ave. S., expressed her concern and disappointment in the way Strachauer Park is currently being maintained. While the Park Board is currently working on their work plan and CIP about priorities for the city they would love to see something done in Strachauer Park. Chris Bremer, 6001 Ewing Ave. S., informed the Park Board of all the different things that the neighborhood has been doing to help maintain the park as well as the activities they have planned at the park. She would like to make sure they are on the list for a new building and Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 playground and pay attention to how the park can be more for the neighborhood while still being a regional resource for kids playing sports. VI. Reports/Recommendations A. Introduction of New Park Board Member and Student Park Board Members Chair McCormick introduced new Park Board Member Trevor Mohs and new Student Park Board Members Ben Gustafson and Katherine Hulbert. Each new member gave a personal introduction. B. Edina Baseball Association Brick Campaign Recreation Supervisor Boettcher and Edina Baseball Association (EBA) Board Member Jeff May gave a power point presentation regarding the proposed Brick Campaign project. Mr. May also went through the list of projects that the EBA has been a part of in the community. Recreation Supervisor Boettcher went through the project timeline. Park Board members asked questions, had a discussion and made suggestions. Motion by Nelson to go forward with the brick paver campaign at Courtney Fields to raise money and hopefully partner with the city as well as other grants to fund the Courtney Field upgrades that would include new lights, netting and overall facility and safety improvements. Motion seconded by Dahlien. Motion carried. C. 2016 Work Plan Chair McCormick went over the 2016 Work Plan and gave an update on the status of each initiative. Initiative 1 - Complete (Rosland Park Playground) Initiative 2 - Currently working on (Fred Richards Park Master Plan) Initiative 3 - Currently working on (Park Signage Replacement) Initiative 4 - Complete (Grandview Facility Planning) Initiative 5 - Complete (Analysis of current program and cost recovery expectations for city recreational programs) Initiative 6 - Currently working on (Recreation programming and facilities marketing Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 and communication delivery review. Study utilization opportunities and implement Edina To Go App for Parks & Recreation) Initiative 7 - Complete; this item was combined with Initiative 8. Moving forward will continue to include in programming. (Engage external resources to provide environmental programming) Initiative 8 - Complete; this item was combined with Initiative 7 (Pollinator Garden) Initiative 9 - Will start next month (Multi-year playground renovation plan) D. 2017 Park Board Work Plan The Park Board went through and discussed the following initiatives for the 2017 Work Plan and decided on the following: Initiative 1 – Arden Park Natural Resource Plan Initiative 2 – Marketing Initiative with City Communications Department Initiative 3 – Braemar Park Master Plan Initiative 4 – Fred Richards Master Plan Initiative 5 – Park Signage Replacement Project At the October meeting Park Board members will discuss which 2017 Work Plan Initiatives they would like to work on. VII. Correspondence And Petitions Chair McCormick acknowledged the Park Board’s receipt of various correspondences. VIII. Chair And Member Comments Chair McCormick thanked the Park Board members for all of their hard on the work plan initiatives. IX. Staff Comments Staff Liaison Kattreh made the following comments: • Second annual Open Streets event will take place on Sunday, Oct. 25 • Interviews have started for the Fred Richards Master Plan • Parks & Recreation took over the Edina Boys Flag Football program which started this past week • Chad Eischens was hired as the new Braemar Arena Manager Draft Minutes☐ Approved Minutes☒ Approved Date: 10/10/2016 • Skate School started today at Braemar Arena • The West Arena at Braemar was shut down for two weeks and will reopen on Friday • On Oct. 18 the Futsul court will be out and the ice rink will be back • The Sports Dome reinstallation is scheduled for Oct. 21 • Braemar Arena is hiring part-time staff • Braemar Arena will be holding the Minnesota Wild captains practice this week • Centennial Lakes putting, lawn games and paddle boats will remain open until Oct. 3 • The Final Four golf outing at Braemar Golf Course is scheduled for Oct. 3 • Braemar Golf Course will have their Nite Glow Golf event on Oct. 8 • The annual Chili Open Tournament at Braemar Golf Course is scheduled for Oct. 16 • Construction is starting on Oct. 4 for the Braemar Master Plan renovation • Upcoming programming at Braemar Golf Course include Wine/Canvas events, Daddy- Daughter Princess Ball, Mommy-Son Superhero Saturday, Junior Golf and a bean bag league • Art Center fall session started on Tuesday, Sept. 6 • Last weekend was the Fall Into the Arts Festival • The Art Center will have their 32nd Annual Juried Art Exhibit open on Oct. 6 • Reminder – Next month’s Park Board meeting will be held on Monday, Oct. 11 at the Senior Center X. Adjournment Motion made by McCormick to adjourn the Sept. 13, 2016 meeting at 8:15 p.m. Motion seconded by Gieseke. Motion carried. Date: October 18, 2016 Agenda Item #: XII.A. To:Mayor and City Council Item Type: From: Item Activity: Subject:Town Hall Meeting CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: Date: October 18, 2016 Agenda Item #: XIII. To:Mayor and City Council Item Type: Other From:Debra A. Mangen, City Clerk Item Activity: Subject:Schedule of Meetings and Events as of October 18, 2016 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None INTRODUCTION: The schedule is provided for information only. ATTACHMENTS: Description Schedule of Meetings and Events as of October 18, 2016 CITY COUNCIL SCHEDULE OF UPCOMING MEETINGS/DATES/EVENTS AS OF OCTOBER 18, 2016 SCHEDULE OF UPCOMING MEETINGS/DATES/EVENTS Tues Oct 18 HRA Work Session 5:30 P.M. COMMUNITY ROOM Business Meeting 6:15 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Nov 1 2017 Budget 5:30 P.M. COMMUNITY ROOM Finalize City and Board and Commission Work Plans 6:30 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Nov 8 GENERAL ELECTION DAY – POLLS OPEN 7 A.M. UNTIL 8 P.M. Fri Nov 11 VETERAN DAY HOLIDAY OBSERVED – City Hall Closed Sat Nov 12 Town Hall Meeting 10:00 A.M. – NOON TO BE DETERMINED Tues Nov 15 HRA Work Session 5:30 P.M. COMMUNITY ROOM Joint Work Session Arts & Culture Commission 6:15 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Thu Nov 24 THANKSGIVING HOLIDAY OBSERVED – City Hall Closed Fri Nov 25 DAY AFTER THANKSGIVING HOLIDAY OBSERVED – City Hall Closed Tues Dec 6 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Dec 20 HRA Work Session 5:30 P.M. COMMUNITY ROOM Work Session – TBD 6:15 P.M. COMMUNITY ROOM Tues Dec 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Dec 26 CHRISTMAS HOLIDAY OBSERVED – City Hall Closed Mon Jan 2 NEW YEAR’S DAY HOLIDAY OBSERVED – City Hall Closed Wed Jan 4 Work Session – TBD 5:30 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Jan 16 REVEREND DR. MARTIN LUTHER KING JR. HOLIDAY OBSERVED – City Hall Closed Wed Jan 18 HRA Work Session 5:30 P.M. COMMUNITY ROOM Work Session – TBD 6:15 P.M. COMMUNITY ROOM Regular Meeting 7:00 P.M. COUNCIL CHAMBERS