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Home My WebLink About2012-05-08 Park Board PacketREVISED AGENDA CITY OF EDINA, MINNESOTA PARK BOARD MEETING CITY COUNCIL CHAMBERS Tuesday, May 8, 2012 7:00 P.M. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Approval of Minutes — Regular meeting on Tuesday, April 10, 2012 V. COMMUNITY COMMENT During "Community Comment, " the Park Board will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board Members to respond to their comments tonight. Instead, the Board might refer the matter to staff for consideration at a future meeting. VI. REPORTS/RECOMMENDATIONS A. Naming of Parks and Facilities Working Group Recommendations B. Donations Policy Working Group Recommendations C. Veterans Memorial Sculptor Contract D. Reschedule November Park Board Meeting VII. CORRESPONDENCE AND PETITIONS VIII. CHAIR AND BOARD MEMBER COMMENTS IX. STAFF COMMENTS X. 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 amplification, an interpreter, large -print documents or something, please call 952-927-8861 72 hours in advance of the meeting. MINUTES OF THE MEETING OF THE PARK BOARD HELD AT CITY HALL APRIL 10, 2012 7:00 PM L CALL TO ORDER Chair Steel called the meeting to order at 7:05 pm IL ROLLCALL Answering roll call were Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones, Weicht, Neville III. APPROVAL OFMEETING AGENDA Member Dan Peterson made a motion, seconded by Member Hulbert, approving the meeting agenda. Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried IV. ADOPTION OF CONSENT AGENDA Member Dan Peterson made a motion, seconded by Member Gieseke approving the consent agenda as follows: IV.A. Approval of Minutes —Regular Meeting of Tuesday, March 13, 2012 Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried V COMMUNITY COMMENT None VI. REPORTS/RECOMMENDATIONS VIA. Hornet's Nest Working Group Recommendation Member Jones thanked the Hornet's Nest Working Group, who all diligently met on Tuesday mornings at 7:30 a.m. to work through the details of this proposal. She explained to the Park Board that as part of the process the group looked not only at the proposal presented to them at their special meeting on January 23rd but they also reviewed the broader needs of Braemar Arena, such as what capital investment would be needed at Braemar to function and to stay competitive and to attract the purchase of off-season ice time and remain a premiere facility. She noted that the group realized that the key to do those things was to offer an indoor training facility at the arena. She stated that with great thanks to staff and Mr. Anderson they were able to get a construction cost range from four contractors as well as letters of interest from several indoor training operators and a retail store. She pointed out that after reviewing the information the Working Group agreed to the scope, scale, location and amenities of the project. She added that for anyone who asks she would gladly provide the meeting minutes and recommendations from their meetings. She noted they carry a lot of information on how they made their decision and as a group how they unanimously endorsed the proposal presented in the Park Board packet. Mr. Anderson first thanked the members of the Working Group for the time and effort they put into the project. He explained that a little over two years ago a small group of Edina Alumni conceived the Hornet's Nest Project and their goal was simple: to bring Braemar Arena back to the forefront as one of the best facilities in the State of Minnesota. He noted that when Braemar Arena was constructed in 1966 it was a "state of the art" facility. Today the three sheets of ice remain among the very best in the state; 1 however, over the last 46 years the needs and the demands of both hockey players and figure skaters have evolved. He indicated that many players drive to communities like Woodbury, Wayzata, Eden Prairie and St. Paul to train for their shooting skills, puck handling skills, weight training, etc. He stated that the Hornet's Nest Project will allow boys and girls, hockey players and figure skaters, mites to high school age to receive training both on and off the ice all under one roof Mr. Anderson explained that the project as contemplated would be constructed on the north side of the Braemar West arena and would be a two story 26,000 square foot addition that could be accessed either directly from Braemar Arena or from the parking area to the west of Braemar Arena. He pointed out that the lower level would consist of four locker rooms which would house both the men's and women's varsity and junior varsity programs. He added that the design of the facility was engineered to reduce the overall size by approximately 8,000 square feet from the previous presentation. He noted at the request of the Braemar Arena staff a Zamboni room has been added along the side of the central egress corridor adjacent to Braemar West arena. Mr. Anderson showed renderings of what the locker rooms might look like as well as the training facility and retail store. Mr. Anderson then went through the summary of the project. He noted that they solicited estimates from four different contractors including Kraus Anderson, Copeland Construction, Knudson Construction and RJM Construction. He noted that the average cost of the estimates from these contractors was $121.00 sq. ft. and so at 26,450 square feet the total cost of the project would be approximately 3.2 million dollars. He pointed out that the estimated cost of 3.2 million less the cost of the Zamboni room, $200,000, would leave a net cost of approximately 3 million dollars. Mr. Anderson explained that through the 501C3 group "Drive for the Hive", they will solicit 25% of the project costs through private donations and therefore as a result the finance request is for just under 2.5 million dollars. He pointed out that the amortization table shows the debt fully amortizing over a 20 year period. Mr. Anderson explained to the Park Board that regarding rent they solicited requests for expression of interest ("RFEI") from several third party operators including FIT, Ice Edge, Total Hockey and Velocity. The response to the RFEI's indicated the tenant's willingness to enter into a long-term lease agreement as depicted in the rent role. He noted that they did the same for retail and solicited RFEI's from several ` retailers including General Sports, Sports World, and Letterman Sports. Mr. Anderson indicated that the total revenue derived from the project is estimated at a little over $223,000._ In the cash flowprojectionthat revenue will be used to pay both the operating expense and to retire the debt as shown in the lower right hand corner of the "Hornet's Nest Summary" sheet. He pointed out that while this does show a slight negative cash flow in the early years Ms. Miller will be explaining how the presence of the training facility will mitigate that through increased revenues at Braemar. Member Cella stated that in the cash flow projection it shows rental revenue but also reimbursement revenue and asked Mr. Anderson to explain what the reimbursement revenue is. Mr. Anderson replied that the leases that will be executed by the third party operators of the training facility and the retail are what are known as triple net leases. This means that the retailer and the training facility operator would be responsible for their pro rata share of the operating expenses and any taxes that would be associated with that space and those reimbursements just depict that fact. Mr. Keprios indicated that as he pointed out in his staff report if this were to go forward staff is of the opinion, and he believes they have the Working Group's endorsement of this, that there are some additional improvements that would be triggered as highly needed if the Hornet's Nest were to go through. He noted that as shown in the Report and Recommendation the relocation of the West Arena Zamboni room would be very important because it has always been a safety hazard and they have been fortunate there have not been any accidents. He stated that area would then be made into a much needed larger lobby area for the lower level of the West Arena. It is estimated to cost approximately $42,000. 2 Mr. Keprios explained that if they were to move forward and relocate the Zamboni room and build a Hornet's Nest it would be extremely important for them to have a safe, accessible path for coaches and staff to then access to the player's benches from that lower level without having to walk across the ice on the one end. He noted it would cost approximately $161,000. Mr. Keprios pointed out that if they do this they will lose some seating and to make up for some of that lost seating he showed where they could create an open railing which would create more seating. He noted they've estimated it would cost approximately $23,000 to create that standing room only seating. Therefore, relocating of the Zamboni room, renovation of the vacated Zamboni room to create a larger lobby to add the ADA accessible pathway access and to include that upper lobby railing would cost approximately $429,000. Mr. Keprios stated that isn't to say that Braemar Arena doesn't have more needs beyond that but if the Hornet's Nest were to be built it would trigger those as probably being the highest in priority. Mr. Keprios stated that staff is recommending Park Board move forward with this project in concept to the City Council with some contingencies; however, not everything is in concrete at this point. He noted that it would be contingent upon 25% of the project ($752,367.67) be covered through private donations. The recommendation would also be contingent upon getting a commitment from the ERA and Edina Figure Skating Club to commit to a $20.00 surcharge on a per player basis per year for the life of the bonds and this would be consistent with what was done when they first built the West Arena. The last contingency would be that the City Council and School Board would have to agree on an ice rental surcharge fee needed to cover the operating expenses. He indicated that is not something that staff could just literally impose so don't consider that a given; however, the working group put approximately $12,000 in their recommendation. Mr. Keprios commented that lastly he thinks it would be fair to propose to the City Council that before they were to embark on something like this they would want ten- year lease agreements from the two vendors that would be leasing the space on the upper level. Member Dan Peterson asked as part of the $161,000 for the ADA entrance being proposed is there an ADA approved restroom on the level or is it required under law to be wheelchair accessible. Mr. Keprios responded that it is not an ADA or City Code issue; however, it is a safety factor more than anything. Mr. Keprios stated that even though it is not required, in our view, it would be the right thing to do. Member Segreto commented the one issue she has is the recommendation does talk about an in perpetuity suggestion that the High School contribute or pay $12,000 per year and she thinks they have to be really careful about any kind of payment scheme that locks an in perpetuity and would like that to be made part of the record. Member Kathryn Peterson asked for clarification between the difference of the Hornet's Nest summary around the Zamboni room and what was in Mr. Keprios presentation around Zamboni room, are there two different Zamboni rooms. Mr. Keprios replied no, Mr. Anderson was showing where the Zamboni room would be located and pointed out that the new Zamboni room would be the city's part. Member Kathryn Peterson asked so the costs that are shown for construction would not be duplicated? Mr. Keprios apologized for the confusion because as he read through it a little closer the Zamboni room costs of $202,821.50 need to be added back into the net construction costs if we are to include relocating the Zamboni room to become part of this project. Member Cella commented if she could just clarify when Member Segreto was talking about an in perpetuity of payment by the High School she believes what Mr. Keprios was clarifying as part of his remarks that items listed as proposals for fees are just suggestions. This is something that would still need to be worked out with the School Board and City Council to sit down and come to an agreement. Chair Steel asked if there has been any communications with the Figure Skating Club to which Mr. Anderson replied yes. He pointed out that the difficulty the Figure Skating Club has right now is that they don't have a training facility and they are losing figure skaters to a facility in St. Paul that does have a specific training facility. He added that he did talk to the Director of the Figure Skating Club and they are in support of this and would like to see a training facility. Member Kathryn Peterson asked if the liability around the use of the training facility be the responsibility of the vendor or would it fall back on the city because it is a city facility. Mr. Anderson replied that third party operator would be leasing the space and they would have to provide their own insurance so that any injuries that would occur in there would be their insurance and not the city's. Mr. Keprios commented that most likely they would ask them to add the city as an additional insured on the lease. Chair Steel asked Mr. Keprios that the recommendation before the Park Board is the Working Group's recommendation as well as the these four additional projects with contingencies, correct. Mr. Keprios replied that is correct. Member Jones made a motion, seconded by Member Hulbert, approving the recommendation Chair Steel stated. Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried VI.B. Veteran's Memorial Committee New Member Appointment Mr. Keprios informed the Park Board that there is currently a vacancy on the Veteran's Memorial Committee due to Member Barb Bender not being able to continue to volunteer due to her new job. She has only been able to attend 2 of the last 13 meetings. He stated that there is a very eager and willing volunteer, Richard Olson, who would be more than happy to fill in as a voting member. He indicated that he has a lot of experience in the fundraising arena and has been giving the committee some wonderful advice along the way. Therefore, he would ask that the Park Board approve Richard Olson as a new member of the Veteran's Memorial Committee. Member Dan Peterson made a motion, seconded by Member Cella, approving Richard Olson as the new member of the Veteran's Memorial Committee. Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried VI. C. Veteran's Memorial Sculptor Contract Mr. Keprios informed the Park Board that they have a verbal commitment from a donor who wants to currently remain anonymous but has verbally pledged $100,000. He asked that the Park Board recommend to the City Council to forward with executing the proposed sculpture artist's contract because it takes 9 to 10 months to develop the sculpture. He added that their target date is to have the memorial in the ground by Memorial Day of 2013. He indicated that the Veteran's Committee feels very confident they are going to get enough money through in-kind and cash donations to move forward with this project. Therefore, he wants to be sure that they have the support of the Park Board and City Council before they go ahead and sign the $83,000 contract; he added that they would not recommend doing this unless they have the money from the donor in the bank. Member Gieseke asked Mr. Keprios if this is a typical scenario and asked for a little bit of background on the sculptor and asked if he has done other work through the City or locally. Mr. Keprios replied that from what they are told from the Edina Public Art Committee the sculptor bases their price on what the foundry tells them what the expenses are going to be and then they tack their fee on top of that. He informed the Park Board that part of the danger of delaying the decision is that the price might go up and that is out of the control of the sculptor. 4 Member Cella asked if the contract and terms is a pretty standard sort of terms for buying a sculpture. Mr. Keprios replied yes, there are a couple of artists on the Veteran's Committee that say it is standard; however, he also intends to give the contract to their City Attorney to be sure they are not missing something. Member Segreto stated that she has represented some artists over the years and she would like to make three contract comments. First, they have an outside date for the delivery of the art piece; not to strap the artist but just a comfortable outside date. Second, it states the venue for disputes is in New York which she thinks should be changed to Minnesota. Third, regarding the copyright in the contract she wants to make sure that they have the right to make images of the sculpture and use it for promotional purposes because she could see this being on their calendar or something else. Member Segreto commented that she would also like to know how members of the community would feel about the artist taking this sculpture and offering it to another municipality. Mr. Keprios replied that the committee is encouraging the artist to go forward and sell it to one other municipality because it reduces our price tag by $7,000 and the committee is fine with that. Member Jones indicated that she has a couple of reservations regarding this. She noted that the contract commits the City of spending $83,000 for the sculpture to which money has not been budgeted for this expense and if they don't get money from this donor then the $83,000 would have to be taken from other spending priorities in order to meet the contractual obligations to the sculptor. Secondly, $83,000 is just the next step in a project that has a total cost of $400,000 of which none of this has been budgeted by the City. Therefore, if the City takes the first step and is left with an $83,000 sculpture that needs to be installed and they don't have the funding for the rest of the memorial to put it in there will be a strong impetus to find the money in the City budget to complete the memorial where nothing has been set aside for this large expense. Third, she finds the argument that costs may go up so that we must approve the contract today to be spurious because such an argument could be made for each and every possible expense that the City encounters and spending decisions should not be made based upon fear of what might happen to prices in the future. She noted such decisions should be based upon meeting the strategic needs of the City. Member Jones stated that while there is a generous potential donor who will support the cost of the sculpture she still doesn't see that there has been a significant actual contribution to this project. She pointed out that in the world of charitable organizations where a project of this kind is dependent upon pledged or actual contributions the organization normally refrains from making a firm contractual financial commitment to start construction until a significant percentage of the total necessary funding has been pledged. She noted that the percentage usually is over 50% and often over 75%. Member Jones commented that as she understands it the actual contributions from pledges to date is not very substantial and if the $100,000 potential pledge is made firm then the total contribution would be in the range of 25% of the total cost of the project. Therefore, she doesn't think that is enough for them to move forward with committing the City to spending money on the project and for that reason she opposes approving the contract at this time. Member Segreto asked Member Jones if she would feel more comfortable if the contract was made contingent upon the committee raising the $83,000 expense that would be this obligation. Member Jones replied that if they could cover the expense and the installation, she doesn't know what installation for a sculpture this size would be, and then she would feel better. Chair Steel pointed that it looks like the cost for delivery and installation would be $7,500; however, that does not include the price of the crane. She indicated that in Mr. Keprios recommendation it says "we have asked that the money be deposited into the Community Foundation account now or at least pledged to be placed in the account in the denominations in time to make the payments" she stated that she would be more comfortable "asking that the money be deposited into the Community Foundation Account now before they go ahead with this contract". Member Hulbert stated that he agrees with that. He noted that he thought they were pretty clear when City Council stated and passed that $30,000 was the extent of the City's financial obligation. Therefore, going forward with the installation and the purchase before the actual contribution is made would go against what they have done so far and he would feel more comfortable if they had the deposit. Member Segreto suggested if the contract was made contingent they would have no financial exposure and then they would have the best of both worlds that is having the price of the sculpture locked in and no obligation to pay unless the money was raised and deposited. Member Hulbert noted he would be okay with that. Member Gieseke commented that's a good suggestion and even better seeing as the other party would agree to it. Member Cella responded that would be the issue why the artist would want to agree to go ahead if he thinks prices are going to go up for his foundry costs and if we have a contingency to get out that if she were his lawyer she would tell him not to sign it. Member Segreto commented that if he is making the same sculpture for another municipality he may be fine with it. Member Cella indicated that she does resonate to Member Jones comment about the fact that even looking at the $100,000 donation that is only 25% of the total cost of the $400,000 for the memorial. She stated that to go ahead with buying hard goods for something when you only have 25% of the total raised with one donation, they don't know what the other fundraising efforts are going to be like. She commented that she would feel a little bit more comfortable giving the Veteran's Committee another three or four months to do some serious fundraisingsy can come back and say they were able to raise another $100,000 so that they can see that they are actually making some strides to funding the whole project. She added that if this is going to stall out as Member Jones mentioned then they are going to have a big statue with no place to put it. Mr. Keprios commented that he cannot say that it's not going to stall out; however, they did have a meeting today with the owners of a construction company who are interested in an in-kind donation to construct it. Also, the survey work has already been an in-kind donation from a member of the Veteran's Committee. In addition, a committee member is working to secure an in-kind donation of a lot of the granite work through a connection. Mr. Keprios pointed out that they also have two more meetings set up for next week with some significant possible donors as well as they are meeting with the Noon Edina Rotary Club. He noted things are getting set up and they are moving forward; however, he can't sit here and guarantee that they are going to raise all of the money. He commented they will have the money to buy the sculpture, that's a given and the contract will be written that way; however, there is the outside chance that the City will have this beautiful sculpture with nothing to put it on and that would be the risk and worst case scenario to the City. Member Segreto commented that she just got back from Washington, DC, and she came back very inspired after looking at the Veteran Memorials there and her personal opinion is that she doesn't feel that this is such a big risk that she is worried about it and she would like to see this go through. Member Dan Peterson made a motion, seconded by Member Gieseke, to table it for one month and see what the Veteran's Committee can tell them at that time. Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried VI.D. Cost Recovery Targets for Enterprise Facilities — Keeya Steel, Park Board Chairperson Chair Steel explained to the Park Board that her intent tonight is not to set up cost recovery targets or talk in detail about numbers but rather discuss in general the idea of setting costs recovery targets. She noted that two City Council members expressed to her that they would like targets set; therefore, she would like to hear from the Park Board what they think as to whether it would be helpful, feasible and would help make their vision easier. Member Hulbert stated that without having any conversations on the topic he thinks it would be worthwhile to talk about it. He noted that all of the different enterprises are going to have different challenges so they need to treat them all differently. Member Kathryn Peterson indicated that she thinks it would probably be more helpful in the sense of setting ranges instead of the target being just one number but does think it's worthwhile to talk about. She noted that eventually they would need to get City Council's buy -in to whatever they came back with. Member Segreto commented that she thinks they've struggled with trying to figure this out and she thinks it would be very helpful to have ranges. Member Jacobson stated that she thinks as they try to decide things going forward like the sports dome and how much are they willing to pay for a sports dome versus where it is she thinks are the kind of targets that would help them decide that and how big a dome they can build as well as anything that they are going forward with in the future to try to be equitable. Member Dan Peterson indicated that he is not opposed to talking about targets but they need to also look at the other side of the column which should be to the benefit of the City. He pointed out that he thinks it would behoove the City to lose money if they are going to help seniors or kids who can't afford to do some of the things. He noted that another thing that perplexes him is with all levels of government is why they are talking about getting off the property tax idea of funding and look at a State-wide sales tax because the State raises taxes pretty efficiently and just like the schools get money from the State if Edina has 48,000 citizens they would get so much money back to run their City. Member Jones indicated that she would like to raise this to the City Council to make sure that they have their support if they were to take a look at this. She stated that she thinks it would be wise to find out from them if they have their support if they start examining this. She suggested if they did this that it be done much later in the year since their agendas are pretty full for the next few months. Member Jones commented that she also agrees with ranges and would love to find out what makes one place an enterprise facility and not another such at the Art Center and Senior Center, what triggers something to be an enterprise facility. She indicated that she knows just a little bit about the comprehensive plan to say that the enterprise facility has their own targets and their own type of goals; however, she would like for them to look at those goals and see where they match up and where they don't in meeting those goals. Member Gieseke commented that they are asking a very large and important question and he thinks they need to deal with what their mission is and they need to understand more of the scope before they start implementing ranges. He noted that they don't want to handicap what their decision making mission is supposed to be with set ranges that maybe don't correlate to the overall mission; therefore, they need to know more about how things are functioning and those kinds of categories before they can move forward. Member Kathryn Peterson indicated that actually makes her feel better because when she was talking about the criteria for enterprise facilities she was kind of referencing that she doesn't really understand how the facilities are categorized. Therefore, maybe they need to relook at that as part of this or at least offer their opinion on it. Member Cella stated that depending on what their mission and function is the enterprise facilities may have completely different target ranges than others and may expect some to be more self-sustaining than others. She noted that at some point they may need to have a workshop to lay it all out on the big graphs in excel and kind of see where everything lines up. By doing that they may have a much better sense of what the enterprise is, what its goal really is, what kind of revenue it is bringing in and then what purpose it is serving and what people in our community it is serving and once this is all laid out they can get a sense of that. Member Neville stated that he would like to reemphasize the point that Member Dan Peterson made. It's interesting to him that when they approach an enterprise facility that is losing money they talk about this kind of idea of what it's giving back to the community in that it's okay that it's losing money as long as it's giving something back to the community. He commented that what seems to be the difficulty whenever they approach one of these enterprise facilities is quantifying how much it's okay to be losing for what it is giving back to the community and that is always a really difficult thing to put a number on. He asked how much is it worth that all of these kindergartners have a place to go play because of this enterprise facility. Therefore, as they move forward with these differences they need to make a decision on that difference and can we live with that difference because it's giving back to the community. If we can't live with that difference then we need to make some serious decisions about how the revenue is being created and generated in that enterprise facility or else something needs to change. He commented that it's an interesting idea of how do you quantify that and that is something that obviously needs to have more discussion beyond just this meeting. Chair Steel commented that she would also like to add to those various categories the user -fees because even though it is not an enterprise facility there is still a cost recovery target that the City Council has talked about. Chair Steel stated so what she is hearing is that the Park Board wants to look at the value of the public good, cost recovery, targets or ranges and the definition of enterprise. Member Kathryn Peterson stated that as Member Jones pointed out they may want to confirm the understanding with the City Council that that is in fact what they want the Park Board to take on. Chair Steel made a motion, seconded by Member Jones, that the Park Board asks the City Council for their approval that this Park Board studies the value of the public good, the cost recovery targets and the definition of the enterprise facilities knowing that this would be studied at a much later date given their work load. Member Segreto asked would it be possible to have the City Council join them in this study, like a joint work group because really the City Council should be involved in the study of the issue. Chair Steel asked Mr. Keprios for his thoughts on that. Mr. Keprios replied at that elected level he thinks it's probably wise that the City Council discuss this as one body in a Joint Work Session with the Park Board. Chair Steel replied that she thinks this recommendation allows for them to decide how they study it. Ayes: Members Dan Peterson, Cella, Gieseke, Segreto, Steel, Jacobson, Hulbert, Kathryn Peterson, Jones Motion Carried. VI.E. Self -Assessment Survey — Keeya Steel, park Board Chairperson Chair Steel informed the Park Board that she will start to compile the surveys and work with Mr. Keprios and Member Segreto to move to the next step. Member Kathryn Peterson asked what the next step is to which Member Segreto replied getting together to talk about it. Chair Steel replied that she thinks what she will do is compile it and then they can look it over and pick a date and go from there. VI. F. Board and Commission Members Orientation Presentation — Staff 0 Mr. Keprios showed the Park Board a power point presentation created by Karen Kurt, Assistant City Manager. The presentation is a generic New Board and Commission Member orientation that from here on will be given to new Board and Commission members. VII. CORRESPONDENCE AND PETITIONS Mr. Keprios informed the Park Board that he is still receiving emails on the Edinborough Park Study which he will keep updating the master list and send them out occasionally but not every day. VIII. CHAIR AND BOARD MEMBER COMMENTS Member Kathryn Peterson indicated as long as she has lived in Edina there has been a rule that no access is given to the athletic fields before April 15`h and asked given the climate changes if any thought has been given to relook at it or add some variability to it based on the turf and that sort of thing. Mr. Keprios replied absolutely he thinks they have to remain flexible and meet the needs and desires of their residents so it is something that they are going to have to revisit on a year by year basis. Member Segreto stated that she read in the Sun Current that the City Council was moving meetings in connection with other religious holidays other than Christians and the Jewish faith and asked if any of their meetings conflict with these other holidays. Mr. Keprios replied not this year that he is aware of yet. Member Cella asked Mr. Keprios that when he updates them with the emails from the various citizens if he could somehow at the end of one update but a colored line or colored asterisk so they will know the next time what emails have been added. Mr. Keprios responded that is a good suggestion and they will start doing that. Member Jones gave the Park Board an update on the Naming and Donations working group. She noted that right now they are in the middle of a public comment period for a Naming Policy and Donation Policy. She indicated that the working group will be meeting on April 23`d to discuss any feedback and asked the Park Board if they had any questions, suggestions or comments about the two policies to give that to the working group as soon as they can. She stated that they have updated the policies since their last meeting and did receive input from Mr. Keprios and Mr. Neal so their comments have been incorporated into the policies. IX. STAFF COMMENTS Mr. Keprios informed the Park Board they are moving forward with the installation of the flow rider at the Aquatic Center and they seem to be on schedule. The City Council approved an award of bid to provide the themed structure for the flow rider. Mr. Keprios informed the Park Board they have been working with consultants on the sports dome site study and have had their first meeting. Mr. Keprios informed the Park Board that he does plan to have the Edinborough Park issue back on the May Park Board agenda. Meeting adjourned at 8:33 pm. REPORT/RECOMMENDATION To: EDINA PARK BOARD Agenda Item Item No. VI. B. From: John Keprios, Director Park and Recreation Department z Action Discussion Information Date: May 8, 2012 Subject: Naming of Parks and Facilities Working Group Recommendations ACTION REQUESTED: The Naming and Donations Working Group recommends that the Park Board advise the City Council to adopt the attached new Naming of Parks and Facilities Policy. INFORMATION/BACKGROUND: With the City Council's approval, the Park Board formed a Naming and Donations Policy Working Group in September of 2011. The members of the Working Group include Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. As outlined in the attached "Summary Document" provided by Ellen Jones, "The mission of the Naming and Donations Working Group is to recommend to the City Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City facilities". Ellen Jones will lead the discussion on the Working Group's final recommendations. Formal Park Board action is requested on this agenda item. ATTACHMENTS: • Summary Document • Proposed Naming Policy dated 4.25.12 • Naming of Parks and Facilities SUMMARY DOCUMENT By: Ellen Jones, Vice Chairperson of Edina Park Board and Chairperson of the Naming of Parks and Facilities and Donations Policy Working Group The following Summary Document was created by Park Board Vice Chairperson Ellen Jones and submitted Thursday, May 3, 2012 to be included in the Park Board packet. Date: May 8, 2012 Park Board Meeting Agenda Item Subject: The Naming and Donations Working Group Presentation Attachments: • Current Donations Policy dated 2000 • Current Donations, Sponsorships and Advertising Policy dated 1995 • Proposed Donations Policy revision dated 4.25.12 • Proposed Naming Policy dated 4.25.12 • Naming of Parks and Facilities Mission: The mission of the Naming and Donations Working Group is to recommend to the City Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City facilities. This group will also recommend to City Council, with the guidance of the Park Board, revisions to the current donations policy for gifts to the City. Working Group Members: Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. Many, many thanks for their hours of service. Thanks also to Janet Canton for providing assistance organizing meetings. Timeline: September 26 — March 12: Working Group met about every 2nd and 4th Monday for one hour to research and develop policy. We reviewed the naming policies of several cities throughout the United States. March 13: Distributed draft Donations and Naming policies to the Park Board, Director of Parks and City Manager and Assistant Manager for comments and suggestions. March 26: Working Group discussed suggestions and created the Proposed Policies for Public Review. March 27: Sent a public announcement statement to the Director of Communications for approval and posting on the website and in the public media. This announcement included the proposed policy and the date that the park board would hear public comment on the policy. April 10: The Working Group asked the Park Board to send them comments and questions about the policies. April 23: The Working Group reviewed all comments received to date. May 2: The Working Group provided the Director of Parks the Proposed Policies, copies of current policies, and policy and process summary to be included in the park board packet. May 8: [proposed] The Park Board allows the public to comment on the proposed policies, discusses and votes on whether or not to advise the City Council to accept the policies. Page 1 Donations Policy Background Edina currently has two Donations Policies. 1. The Donations, Sponsorship and Advertising policy dated 1995. This policy states: • As a matter of procedure, the City Manager has the authority to accept donations under $5,000 and less than 12 month commitments of donated services. • Each department is responsible for coordinating their own fundraising campaign and record keeping of those donations. • Procedures for acknowledging donations of $5,000 or more. • Prohibits donations that contain a condition that the City advertise alcohol, tobacco or gambling • Prohibits accepting products or services that pose an unacceptable level of liability to the City. • Also included in this policy are definitions and specifications on sponsorship and advertising, including a prohibition of advertisements on "baseball field fencing, backstops, tee signs at the golf courses, hockey boards etc." The Donations/Memorials Policy adopted June 20, 2000, states the City's policy on the recognition of donors. The policy details the type of recognition the City will provide for various donation amounts. It gives details for recognizing donors on a permanent display board that has not been created. The City does not have citywide written standards for accepting donations or procedures for processing and recording donations. Compared to cities nationwide with populations about the same size as Edina, Edina receives significantly fewer volunteer hours (National Recreation and Park Association Proragis report). Analysis The City should provide a welcoming and efficient system of uniformly and responsibly accepting, recording and acknowledging donations of money, material goods and services. Recommendation 1. The Working Group recommends that the City should replace the two existing Donations Policies with the proposed Donations Policy dated 3.25.12. 2. The Working Group recommends that the City should develop a citywide, uniform Donation Application and Agreement Form. 3. The Working Group recommends that the City should create new Sponsorship and Advertising Policies. 4. The Working Group recommends that the City should develop a donations pamphlet showing benches and other items that the City needs in order to make the process of donation easier and welcoming. 5. The Working Group recommends that the City enhances their volunteer programs to increase resident donations of their time and services toward the improvement of the community. 6. The Working Group recommends that the City should evaluate and enhance the ways it recognizes donors of goods and services. The goal of this would be to encourage an increase in donations to the City and to promote citywide consistency. Page 2 Recommended Donation Policy dated 3.25.12 Summary • Creates systematic procedures for the review and acceptance of gifts. • Considers grants from the Edina Community Foundation as donations. • Considers sponsorships and gifts of professional services as donations. • Sets out guidelines for accepting donations. • Limits the potential burden to the City of a donation by requiring that the donation cover the full cost for the purchase, recognition, installation and, if required, maintenance during the expected lifespan of the gift. • Does not consider pledges as donations. • States a specific life span for all material donations and that the City does not guarantee the life span of the donation. • Creates a citywide standard Donation Application and Agreement Form • Requires the terms of all restricted donations to be clearly stated on the Donation Application and Agreement Form. • Requires that installation of a gift shall not commence until donations for the cost of the entire donation project have been accepted by City Council. • States that the City Council has sole authority for accepting all gifts. • States that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. • States that City Council has sole authority for accepting all gifts. • Designates that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. • Requires a donation of at least $10,000 before an individual donor plaque would be considered and continues to allow for the recognition of donations of amounts less than $10,000 on compilation boards containing several donors names. • Allows for a recognition plaque for the donation of park benches, which aligns with the City's Living Streets policy. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 2 New Donations Acceptance Criteria Changed "Criteria" to "Guidelines." Reason: The council may wish to have some leeway in accepting a donation. Page 3 Conflict of Interest Inserted "real or perceived" Reason: States a broader definition of conflict of interest. Page 4 and 5. New and Existing Donations Inserted: "For capital campaigns that involve donations from multiple donors toward a large-scale project, the City shall not contract for services or purchase material for any of the project until donations cover the cost of those services and materials. The City shall not contract for services or purchase material toward large-scale capital campaign projects until donations have been received for 100% of the donation goal for the entire project. To make Page 3 exceptions to this policy requires approval of City Council with the amount needed to complete the project clearly stated and available in the budget. This is to ensure that the City will not be burdened by an incomplete project or will need to go into debt if donation goals are not met." Reason: To motivate donors to contribute to the campaign, to ensure that the City is not burdened by an incomplete project or will need to go into debt if donation goals are not met, and to have a public record of discussions regarding the City budget. Inserted "a large-scale" to describe certain donations. Reason: Donors of a small-scale item such as a camera should not need to be notified of the disposition of their donation, nor have its life span stated. Page 6 Donation Approval and Acceptance Steps Requires longer term record keeping for large-scale donations than for small-scale donation. Reason: All donations are a part of the public record when they are approved by City Council. There is no need to keep the Donation Application and Agreement Form for small-scale donations for a long time. Page 7 Recognition Procedures Recognizes donors of $10,000 or more by allowing for an individual plaque. Allows for recognition on a name plaque as a part of a compilation of donors on a recognition board. Reason: This is generally consistent with the policy in practice and written in the 2000 Donations Policy. Page 4 Naming and Dedications Policy Background Edina does not have a written policy for naming, renaming and dedicating City facilities. The City's established naming practice is: 1. Someone recommends a name for a facility to a City staff or council member. 2. This person routes the name proposal to either the citizen board advising on the facility or the City Council. If sent to a board, advice will be given, and, if approved; 3. The naming and renaming proposal will be placed on the City Council agenda for action. City Council discusses and votes on the proposed name of a facility. The City Council approved the formation of the Naming and Donation Working Group after hearing concerns about the current practice. Naming and dedication requests come up several times a year. Currently the staff is aware of four naming proposals. Analysis The naming and renaming of City facilities should be reserved for exceptional circumstances. The naming process should be systematic, consistent, fair, open to all residents, and should indicate public support. It should aid in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility. Recognizing a person by dedicating a City facility in their name is considered a truly special honor and requires public support. The City Council and Park Board heard the following concerns raised about the current practice. These are valid concerns and warrant addressing in policy and with procedures. 1. Residents of Edina and especially neighbors of the facility were not being informed of and involved in the naming process. 2. There was no stipulation for public support for a name. 3. There was no study time or reflection period for a name proposal. 4. The process for naming or renaming was not clear or transparent. 5. The process does not allow for consideration of a total spectrum of potential name ideas, but only whether to accept the proposed name. 6. The City's history may not be protected with current practice. 7. The process did not adequately allow for a full discussion of diversity, Edina residency, geographic nor historical merit. 8. Most other cities have policies that either do not allow or severely restrict naming of facilities for individuals. Edina has many facilities named for individuals. 9. There are a relatively small number of facilities to name, so the naming process should be extremely intentional. Recommendation The Working Group recommends that the City develop a single naming and dedication policy for all City facilities. This Working Group is not recommending that the City should rename current facilities to meet specifications in this policy. Page 5 The Working Group recommends that the Park Board approve the attached Naming and Dedication Policy dated 3.27.12. The Working Group recommends that the City develop an "Application for Naming and Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix of the Policy. Naming Policy Summary • Renaming City facilities is discouraged. • Naming and renaming should be based on the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts • Naming and renaming for individuals should be restricted to people who have lived in Edina, and who have made a particularly meritorious contribution over a period of several years, to the general public interest or the interest of the City. • There should be a time after that person has died or ended their relationship with the City to reflect upon an individual's legacy before the naming process begins. • Naming should be based on the person's contributions to the City rather than the circumstances of their death. • Public support should be demonstrated with a petition process: Naming and renaming requests require 300 signatures; dedications require 100 signatures. • On a rare occasion, a gift to the City will warrant the naming of that facility at the request of the donor. • Naming for a business entity shall be for a fixed period. • No City facility, except a major feature, shall be named for a business entity. This is to minimize confusion and costs to the City for updating signage and maps. • The public and specifically the facility's neighborhood will be informed of a naming opportunity or proposed renaming and will be provided an opportunity to comment. • The City Manager's office will manage the procedures and record keeping of all naming and dedication requests. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 5. Public Hearing We request that the words "public hearing" be changed to "the public will be provided an opportunity to give input during a public meeting." Reason: Public Hearing is a very specific term defined in state statute and that entails very specific notice requirements and penalties for noncompliance. For this policy, creating a forum for public comment is what was intended. Page 2 and 3 Historic People Page 6 We request that the word "people" be added to the phrase Historic events and places and defined as having passed away over 100 years ago. Reason: There is a strong desire to capture the history of Edina not only by naming of historic events and places but also by naming for its historic people. Page 2 and 5 Record Keeping We request that the City Manager's office is responsible for overseeing the record keeping of names and dedications of public facilities. Reason: There should be one office that compiles and updates the City records on naming and dedications. Page 5 Cost of Plaque and Installation We request that the person(s) proposing a name, renaming or dedication pay for the cost of creating a plaque and its installation. This cost will be calculated by the City at the time of application. This money will be refunded if the application is denied. Reason: There are significant costs involved with creating and installing a name and dedication plaque. The City does not budget for these expenses. Page 3 Naming and Renaming for Exceptional Individuals We request that the first paragraph in this section be changed as following: NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual has been deceased for at least 100 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of the land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of the City of Edina and has made a particularly meritorious contribution, over a period of several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: Reason: To allow for the naming of parks after people who influenced Edina's history and people who donate land. Page 7 DRAFT FOR PARK BOARD PRESENTATION 11� o e CITY OF EDINA �y NAMING AND DEDICATION •''yc ��. V�tfv• �'- OF CITY FACILITIES POLICY OVERALL POLICY It is the policy of the City of Edina that the naming of new and renaming of existing city facilities be reserved for exceptional circumstances and that the naming process comply with the guidelines, principles and procedures set forth in this policy. This establishes a systematic and consistent policy that is fair, open to all residents, objective, and aids in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility. Recognizing a person by dedicating a City facility in their name is considered a truly special honor. This policy creates criteria and procedure for the dedication of City facilities. DEFINITIONS "City Facilities" shall include the following: Parks: All traditional designed parks, natural open spaces, historic sites, golf courses, specialized parks (e.g. skate park), physical features (lakes), and trails under the City of Edina Park and Recreation Department's jurisdiction or management. Buildings: Structures that house city programs. Major Features: Major, permanent components of city facilities, (e.g. ball fields, swimming pools, tennis courts, playgrounds, fountains, art work, Senior Center). Rooms within buildings are considered to be major features. Streets: The streets owned by the city of Edina. Amenities: Smaller furnishings and facilities in the city system (e.g. benches, small fountains, tables, etc.). Amenities are not formally named. Recognition for donated amenities is covered under the City of Edina Donations Policy. AUTHORITY The establishment of formal legal names of permanent real property and streets owned by the City of Edina requires administrative action. Only the Edina City Council retains the authority to establish formal legal names for City -owned facilities. Only the Edina City Council retains the authority to dedicate City facilities. BACKGROUND AND PRINCIPLES The names of parks, buildings, major features and streets tell the important stories of Edina's history. Edina has limited public resources for changing names on signs, maps, and literature. Excessive naming of individual features in City facilities can be confusing to the public. The proliferation of names for different parts of the same park or building should be avoided. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION Naming or renaming city facilities is often complex and emotionally charged, since naming is a powerful and permanent identity for a public place. Approval of naming requests is a prestigious, cautious process that needs to be undertaken only when appropriate and requires great care and thoughtfulness. The philosophy of the City is to reserve the naming or renaming of City facilities to those circumstances which tradition and practice have shown to best serve the interests of the City and assure a worthy and enduring legacy for the City's system. To this end, the City supports consideration of proposed names in the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts. City buildings and major features could, however, be dedicated in memory or honor of a person and an appropriate plaque indicating such, be dedicated and placed at the facilities. City facilities should not be overwhelmed with dedications, since that would detract from the aesthetic and may adversely affect the experience or value of the City service being provided. Names that have offensive connotations shall not be considered. Names that are similar to or the same as existing City facilities should not be considered. The naming of currently unnamed City facilities shall comply with this policy and procedure. A City facility shall not be subdivided for the purposes of naming. City facilities that are held through a short-term lease or use agreement or improvements that have a limited life span or occupancy shall not be named. All signs on City facilities must meet City sign standards. For a new City facility, the appropriate Advisory Board shall use any open, systematic, fair and organized public process (i.e. nominations, contests, etc.) that they decide upon to propose a name. The City Manager or appropriate department is responsible for overseeing compliance with policy and procedure requirements and for keeping a record of all approved name and dedication proposals RENAMING CITY FACILITIES Proposals to rename City facilities are not encouraged and should be entertained only after fully investigating and considering the potential impact of dropping the current name. Names that have become widely accepted in the community should not be abandoned unless there are compelling reasons and strong public sentiment for doing so. Historical or commonly used place names should be preserved wherever possible. A facility named for an individual who has fallen into disrepute and whose name no longer lends honor and dignity to the facility shall be changed. In the event of change in use, demolition, or extensive reconstruction of a building, its name or any part of it can be considered for renaming. Notwithstanding the above, the City Council reserves the right to change the name of any named City facility in order to maintain consistency with the entire policy. NAMING AND RENAMING FOR GEOGRAPHIC LOCATION, HISTORIC EVENTS, PLACES, AND PERSONS NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 iq DRAFT FOR PARK BOARD PRESENTATION It is appropriate to consider naming or renaming a City facility for its geographic location (e.g. natural feature, neighborhood and significant area) and when it is located near or otherwise associated with events, people and places of historic, or cultural significance. This should be done only if the historic nature can be demonstrated through research and documentation. To be considered historic a person should be deceased for at least a hundred years. Priority should be given to those historic events, people and places that commemorate the history of: 1. The City of Edina 2. The State of Minnesota 3. The Nation. NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual has been deceased for at least 100 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of the City of Edina and has made a particularly meritorious contribution, over a period of several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: 1. The City facility itself 2. The City of Edina 3. The State of Minnesota, or 4. The Nation. The naming and renaming of a building, major feature, or street for an individual shall occur no sooner than five years after that person has ended his or her substantive, formal relationship with the City. The name used should be the family name. A person's name may be used in naming a City facility only once. Naming a building, major feature, or street for an individual who has passed away or for a person or group of people who perish in or survive a tragic event shall only be considered after at least five years has passed after the death or public shock generated by the event has dissipated. Potential sites for such memorials should be focused on City facilities that are more known for their serene and contemplative nature rather than active locations, such as playing fields and recreational locations. Emphasis should be placed on the contributions or heroic actions of these people to the City of Edina during their lifetime, rather than the circumstances of their death or survivorship. Exceptional service and strong public sentiment is more objectively evaluated after a waiting period. Strong public support for naming and renaming shall be demonstrated through a petition process as described in this policy. Naming and renaming requests require 300 signatures, and dedications require 100 signatures to be considered. The petition process for naming, renaming and dedication for a person shall commence no sooner than five years after that person has ended his or her relationship to the City, or has died. NAMING AND RENAMING FOR MAJOR GIFTS The donation of gifts to the City of Edina should be reward in itself. On a rare occasion, a gift will be made to the City that is of such magnitude and generosity that naming of a City facility in NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 3 DRAFT FOR PARK BOARD PRESENTATION honor of or at the request of the benefactor will be considered. Any request to name or rename an existing City facility must comply with the prior stated policy. Except for donations of land, naming for a gift will be for a fixed period and not indefinitely. The period will be clearly stated in the naming request. As a guideline but not a limitation, the threshold for naming rights on a City facility shall include one or preferably more of the following: 1. Deeding to the City most if not all of the land on which the City facility to be named will be situated Payment of one-half or more of the capital costs of constructing a City facility to be named (depending on the availability of matching fund or grants) Some long-term endowment for the repair and maintenance of the donated City facility. 4. The provision of significant program costs for facilities that will serve City program needs. Likewise, as a guideline but not a limitation, the threshold for naming rights on major features would include one or preferably more of the following: 1. Payment of the capital costs for constructing and installing a major feature 2. Some long-term endowment for the repair and maintenance of the donated major feature 3. The provision of significant program costs for any major feature giving rise to or supporting a City program. In no case shall naming or renaming be considered accordance with the City of Edina Donations Policy. NAMING FOR ENTITIES e in No city facility, except a major feature, shall be named for a business entity. A major feature may be named for a business entity making a restricted gift to the City. Limiting the naming opportunity by business entities to major features will minimize confusion, and costs to the City for updating signage and maps. Each request is evaluated on its own merits and requires public input. The renaming of any existing major feature is discouraged even when associated with a major enhancement gift. Naming for a business entity shall be for a fixed period and not indefinitely. The period will be clearly stated and not longer than the life of the business entity. In making a recommendation for a business name, the reputation of the company and community support shall be considerations. The City reserves the right to remove an entity name on a major feature if the business entity turns out to be disreputable or subsequently acts in a disreputable way. PROCEDURES FOR COMMUNITY OR CITIZEN REQUESTS TO NAME OR RENAME AND DEDICATE A CITY FACILITY Applicant's Process. An applicant must complete an Application for Naming Facilities Form (Appendix 1), compile a petition and make a presentation to the appropriate advisory board (the "Board") to recommend naming or renaming a City facility. Details of the process include: Return a completed Application for Naming or Dedicating Facilities Form (Appendix 1), along with a check to cover the cost of a plaque and installation, to the appropriate department director or City Manager to start the process. The check will be returned if the application is denied. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 4 DRAFT FOR PARK BOARD PRESENTATION Complete and compile a Naming or Dedication Petition (Appendix 2). The petition shall: o State the reasons for the proposed name o Show community support for the proposed name o Contain a description and/or map depiction of the boundaries of the City facility to be named o May only be signed by persons living in Edina o May only be signed by persons voting age or older o Show the name, address and telephone number of each signer o File the petition with the appropriate department director or City Manager within ninety days of receipt of the forms from the City, unless the director grants in writing additional time for completing the petition o Be initiated no sooner than five years after that person has ended his or her relationship to the City, or has died Naming and renaming requests require 300 signatures on the petition. City facility dedications require 100 signatures. The petitions may be dropped off, mailed, or emailed to: City of Edina Administration C/O City Manager 4801 W. 50th St. Edina, MN 55424 5. A formal request to the City Manager, director or board chair that the proposal be put on the agenda for the next possible Board meeting. Notice to all residents in the area shall be given. 6. A formal presentation of the naming, renaming, or dedication proposal to the Board. The public will be provided an opportunity to give input during a public meeting for all naming proposals, this opportunity is not required for dedication proposals. 7. The appropriate advisory board shall not recommend a proposed name, renaming or dedication to the City Council unless the criteria set forth in this policy are met. An affirmative vote of a majority of voting members present when quorum is met, is necessary to recommend 8. The City Council shall not consider a name, renaming or dedication of City facilities unless the criteria and procedures set forth in this policy are met. 9. The City Manager or designate will keep a record of the name and dedication, including a brief summary of who and why this person is being recognized on a Name and Dedication of Facilities Master List. PROCEDURES FOR NAMING AND RENAMING A CITY FACILITY ASSOCIATED WITH MAJOR GIFTS. Upon the receipt of a completed restricted gift application, the appropriate department Director or City Manager will submit a proposal to the Board for the naming or renaming of a City Facility that is associated with a major gift to the City. A petition process is not necessary. For naming or renaming a City Facility, City Council approval is required, as provided above, following a favorable recommendation by the Board. Public notification and the opportunity for public comment are required. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 �1 DRAFT FOR PARK BOARD PRESENTATION NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENT DRAFT FOR PARK BOARD PRESENTATION Appendix 1. [Concept Draft] City of Edina Application for Naming or Dedication of Facilities The naming of facilities follows City of Edina Naming and Dedication of City Facilities Policy. The Edina City Council has sole responsibility for establishing legal names and for dedications of City facilities. I/We request that the name of (Name of applicant(s)) be considered for the (Proposed name) Naming [ ], Renaming [ ] or Dedication [ ] (Please check) of the facility (Current or functional facility name) located at (Address or descripton of location) Summary of recommendation (additional documents may be attached to this form) If proposed name recognizes a living or deceased person, please include the following: -Compelling evidence of the extraordinary contribution of the individual to the City of Edina. -Evidence person was/is a resident of Edina. -Date of death. -Date of last official relationship to the City. -Explanation of how naming or renaming facility would improve community awareness and historical perspective. Person(s) submiting this proposal (please print): Name A Phone email: dress NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 date: 7 DRAFT FOR PARK BOARD PRESENTATION Appendix 2. [Concept Draft] Naming or Dedication Petition to the City of Edina In accordance with the procedure established by the City of Edina, the undersigned hereby petition to recommend the name of (proposed name or dedication) of the (current or functional Rr•rty name) located at In support of this petition, each of the undersigned affirms and states: 1. That he/she lives in the City of Edina at the time of signature, is of voting age or older. 2. That the reasons for the proposed name are as follows: 3. That there is community support for the proposed name as illustrated by the signatures below. NAME STREET ADDRESS ZIP PHONE NO. DATE 1. 2. 3. 4. 5.- 6.- 7._ .6.7. 8.- 9.- 10. .9.10. CIRCULATED BY: [FILL IN NAME] PAGE 1 OF [FILL IN NUMBER] NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 8 The following is a record of 200 park names, memorials, plaques and donations in the City of Edina in the past 75 years or so. The record is not complete, but it is a start to creating a single document recording all of the memorials and donations to the City of Edina. Before a recent change in state law, cities were not required to accept donations through the City Council. I know many residents donated items without official acknowledgement in the city records. I also know that some memorials have been lost to time: benches, trees, gardens and plaques get moved or deteriorate. Residents often gave when they saw a need, without expectation of public acknowledgement: • A coach who didn't have enough football dummies at the park he was coaching went out and bought 12 dummies on his own and donated them to the city. ■ The parking lot at old Wooddale Park was donated by St. Stephen's church. The city paid for the $200,000 parking lot up front but the church paid for the parking lot over time through special assessments. ■ The concrete stadium at the football soccer field behind Braemar was built by the then - president of the football association board. Using the city's design, his company built the stands. The dollar amount of the donation is unknown, but the impact was significant. • Braemar Men's Club and the Braemar Women's Leagues saw needs at the golf course or clubhouse and donated money to make improvements. ■ The Lions took out a $10,000 mortgage to pay for the Showmobile, a traveling stage where bands and other groups performed in Edina. I remember attending a burning of the mortgage ceremony down by the old maintenance garage. These are just a few of the stories of Edina residents' good will. Many will have been forgotten, but I hope through research and contact with past employees and residents that these stories can be recorded. This could be a great record of history for the future. I know from my many years on the Edina Historical Society Board that residents often want to know the history behind the names of the public buildings and roads in their community. The Naming and Donations Committee has recommended maintaining one record for every department in the city to list donations. I have been to many memorable naming ceremonies, but a consistent policy and one document will ensure that the names and donations will be remembered long after the ceremony is over. .It has been an honor to work on this project. I will continue to work on this project as long as I am able. Sincerely, Bob Kojetin 1 Alden 2 Arden 3 Arneson Acres a. Edina Garden Center b. Edina Historical Center 4 Birchcrest 5 Braemar a. Golf Course b. Golf Dome c. Arena d. Courtney Fields 6 Bredesen 7 Browndale 8 Centennial Lakes 9 Chowen 10 Cornelia School 11 Countryside 12 Creek Valley 13 Edinborough Park 14 Fox Meadow 15 Garden 16 Grandview Square 17 Heights 18 Highlands 19 Kojetin Park 20 Lake Edina a. Fred Richards Golf Course 21 Lewis 22 McGuire 23 Melody Lake 24 Normandale 25 Pamela 26 Rosland Park a. Art Center b. Aquatic Center 27 St. Johns 28 Senior Center/Grandview Sq 29 Sherwood 30 Strachauer 31 Southdale Gateway 32 Tingdale 33 Todd park 34 Tupa 35 Utley 36 Van Valkenburg 37 Walnut Ridge 5.12 38 Weber 11.85 17.75 39 Williams 0.34 15.00 40 Wooddale 4.70 41 York Park 2.05 42 Yorktown 3.42 1.61 500.00 206.00 0.82 25.00 0.93 10.75 9.01 10.00 2.00 3.84 18.74 0.60 4.00 44.05 2.69 3.10 21.04 2.00 4.18 10.06 62.00 25.05 0.94 5.15 1.53 4.50 9.97 0.67 33.97 1.00 5.73 41.76 44.24 Donations to the City of Edina through the City Council U c c 0 U C: N a a c� c W ® ZCL � U =cnz O cnWO(DU _ (n z J � uj L JWm uj 5; W z ry O W � � Q= o m� z < Q � C ( O vi o- m Q Z i Z Q 0 W o E E cu 0 U O a) C O 4- 0-0 •N E (D d aD c E 0 O c m � 0 c o Lnm d a2 E m� z� Z W LL W O LU 0) inZ = OQ F" w (np >-Z W®QW ~Q:=) w LU O<DW��ZZ�W W Qr.p�Q QZWWT-dWmWU-LU O®®PN®ILOUQOLUui zu)uj ncnz ZOm -j-j �Z J cQ� QO�Q YE=LZ>Q°c� W Z W W H W = Z LU ujW ® a a ur W ® — Ur t� F � U- 0 C/) - OC/) Z W � H � 15LU ; Z (D Z m J O<Q Z u- N W a) z O �u)r {- W W ® C o 0 r GP e O C LU Z -� co U -N O W � 0 OOH` '� ` Q c W V® N w N SOU m ICY ., CL m QRZO>ti� O o 0 ; uj C: m UJ 0 U) Lu CO a) 0 LUZ0cc C: M 70 m 0 >, m 0 -0 Cl) 0 Z a) C: L- d r.L < �- 0�: m (1)— < 2m0 Lu LU =: -j 0 LL I <U) W E m 0 m P a) 4-1 (L o <(D W m C/) a) 0 E 0 C: cl� 0 UJ 75 E =3 U) 0 0 0 — -C- C c) o +- 0 CD :o2 C) D Z er 0 o 06, I < C: m U) z %C- U-) a) ^ "M 'n m 0 -0 U) C: C' (D co [ E (n M (D m w 5 C: C: =3 a_ (Tj Z UJ 0>1 w �6 Lij -0 C) Lp < Z 0 LIJ z d 75 0 LLJ Z O F- w c �e C o Q w m n. ry o E- C)0 w Z -0 uj <C: U N _ a_ m < Z m Z_ F) W a) 0 -T- C: m L) c (D E J k± C: a) m -2 cm: cn CD a) CD (D 6 E > CD 0 (n " rr� LL a C: / E 0 CD m § m m 4- E 0 .= U) " 4- 0 =3 a) — �p 0 0)0- m :5 =3 '0-0 < [-- M 0) — CD m CD "0 c > CD 0 m C: — m n Q 0 0 c- CD 0 CD Q) m CD C -0 U-) " — U)- Lo a) cf 'E (D E2 m0 E 0 Q) :3 2- cz 0 E 0 75; (D 0 0 (D LM 0- 0 C- 0 - m 4- m I CD C) LIO 0 0 _0 I E :3 a) (D 0- +� 0 (D E CL < (D (D (D a) C: _r_ 0 C: 0 C/) 'a0 m T- E o 7 u ---j (6 - a) E r- M M L.L o L) C/) 0 E 0 _0 Z 00E >, 4- 0 " 0 Cfj U) > 0 m LU 0 CL m E ,- 0O)o 0 c 0 (D a UJ E 0 C: C al O C/) a) cu U) z 0 (D E >1 L- Y m z E 0 E a) cL < (D 2- 3: CL o a < C: z M LU OD 0- E "x. a) m CL 0. 0 ƒ0 _� 0C: 0 m C 0 z -0 ca a) 0 a) 0 -T- C: m L) c (D E J k± C: a) m -2 cm: cn CD a) CD (D 6 E > CD 0 (n " rr� LL a C: / E 0 CD m § m m 4- E 0 .= U) " 4- 0 =3 a) — �p 0 0)0- m :5 =3 '0-0 < [-- M 0) — CD m CD "0 c > CD 0 m C: — m n Q 0 0 c- CD 0 CD Q) m CD C -0 U-) " — U)- Lo a) cf 'E (D E2 m0 E 0 Q) :3 2- cz 0 E 0 75; (D 0 0 (D LM 0- 0 C- 0 - m 4- m I CD C) LIO 0 0 _0 I E :3 a) (D 0- +� 0 (D E CL < (D (D (D a) C: _r_ 0 C: 0 C/) 'a0 m T- E o 7 u ---j Z cu 0 (n 'D m ca 0 o M a) — >0, 'Moo — L- 0 = m I-- m E m E 0 cn r E < w W :3r - LU 4� 0 0 (n 6. 0 O cp -0 Cl) C 4- D O m a E E a) 00 0 E a w 3: >_OayRsOO 0 0 0 0 >1 E L'o o . o 0 C.) 0 cn > (D r- +j 0 M cu jE M z ELO T 3)t -M E tm 0 (ru- L) 0 E a) m E a) 6 0 EUtcnr m < z N E m no OL� LO) cBiS W Z_ O L1 0 0 .0 CL E 0 in 0 0 E 0 LU) cL) m 1- - L. 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C. From: John Keprios, Director �71 Action Park and Recreation Department ❑ Discussion Date: May 8, 2012 Information Subject: Donations Policy Working Group Recommendations ACTION REQUESTED: The Donations Policy Working Group recommends that the Park Board advise the City Council to adopt the attached new Donations Policy. INFORMATION/BACKGROUND: With the City Council's approval, the Park Board formed a Naming and Donations Working Group in September of 2011. The members of the Working Group include Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. The attached "Summary Document" provided by Ellen Jones describes the history and analysis of the current Donations Policy, the Working Group's process and the Working Group's final recommendations. Ellen Jones will lead the discussion on the Donations Policy Working Group's final recommendations. Formal Park Board action is requested on this agenda item. ATTACHMENTS: • Summary Document • Current Donations Policy dated 2000 • Current Donations, Sponsorships and Advertising Policy dated 1995 • Proposed Donations Policy revision dated 4.25.12 SUMMARY DOCUMENT By: Ellen Jones, Vice Chairperson of Edina Park Board and Chairperson of the Naming of Parks and Facilities and Donations Policy Working Group The following Summary Document was created by Park Board Vice Chairperson Ellen Jones and submitted Thursday, May 3, 2012 to be included in the Park Board packet. Date: May 8, 2012 Park Board Meeting Agenda Item Subject: The Naming and Donations Working Group Presentation Attachments: • Current Donations Policy dated 2000 • Current Donations, Sponsorships and Advertising Policy dated 1995 • Proposed Donations Policy revision dated 4.25.12 • Proposed Naming Policy dated 4.25.12 • Naming of Parks and Facilities Mission: The mission of the Naming and Donations Working Group is to recommend to the City Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City facilities. This group will also recommend to City Council, with the guidance of the Park Board, revisions to the current donations policy for gifts to the City. Working Group Members: Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. Many, many thanks for their hours of service. Thanks also to Janet Canton for providing assistance organizing meetings. Timeline: September 26 — March 12: Working Group met about every 2nd and 4th Monday for one hour to research and develop policy. We reviewed the naming policies of several cities throughout the United States. March 13: Distributed draft Donations and Naming policies to the Park Board, Director of Parks and City Manager and Assistant Manager for comments and suggestions. March 26: Working Group discussed suggestions and created the Proposed Policies for Public Review. March 27: Sent a public announcement statement to the Director of Communications for approval and posting on the website and in the public media. This announcement included the proposed policy and the date that the park board would hear public comment on the policy. April 10: The Working Group asked the Park Board to send them comments and questions about the policies. April 23: The Working Group reviewed all comments received to date. May 2: The Working Group provided the Director of Parks the Proposed Policies, copies of current policies, and policy and process summary to be included in the park board packet. May 8: [proposed] The Park Board allows the public to comment on the proposed policies, discusses and votes on whether or not to advise the City Council to accept the policies. Page 1 Donations Policy Background Edina currently has two Donations Policies. 1. The Donations, Sponsorship and Advertising policy dated 1995. This policy states: • As a matter of procedure, the City Manager has the authority to accept donations under $5,000 and less than 12 month commitments of donated services. • Each department is responsible for coordinating their own fundraising campaign and record keeping of those donations. • Procedures for acknowledging donations of $5,000 or more. • Prohibits donations that contain a condition that the City advertise alcohol, tobacco or gambling • Prohibits accepting products or services that pose an unacceptable level of liability to the City. • Also included in this policy are definitions and specifications on sponsorship and advertising, including a prohibition of advertisements on "baseball field fencing, backstops, tee signs at the golf courses, hockey boards etc." The Donations/Memorials Policy adopted June 20, 2000, states the City's policy on the recognition of donors. The policy details the type of recognition the City will provide for various donation amounts. It gives details for recognizing donors on a permanent display board that has not been created. The City does not have citywide written standards for accepting donations or procedures for processing and recording donations. Compared to cities nationwide with populations about the same size as Edina, Edina receives significantly fewer volunteer hours (National Recreation and Park Association Proragis report). Analysis The City should provide a welcoming and efficient system of uniformly and responsibly accepting, recording and acknowledging donations of money, material goods and services. Recommendation I . The Working Group recommends that the City should replace the two existing Donations Policies with the proposed Donations Policy dated 3.25.12. 2. The Working Group recommends that the City should develop a citywide, uniform Donation Application and Agreement Form. 3. The Working Group recommends that the City should create new Sponsorship and Advertising Policies. 4. The Working Group recommends that the City should develop a donations pamphlet showing benches and other items that the City needs in order to make the process of donation easier and welcoming. 5. The Working Group recommends that the City enhances their volunteer programs to increase resident donations of their time and services toward the improvement of the community. 6. The Working Group recommends that the City should evaluate and enhance the ways it recognizes donors of goods and services. The goal of this would be to encourage an increase in donations to the City and to promote citywide consistency. Page 2 Recommended Donation Policy dated 3.25.12 Summary • Creates systematic procedures for the review and acceptance of gifts. • Considers grants from the Edina Community Foundation as donations. • Considers sponsorships and gifts of professional services as donations. • Sets out guidelines for accepting donations. • Limits the potential burden to the City of a donation by requiring that the donation cover the full cost for the purchase, recognition, installation and, if required, maintenance during the expected lifespan of the gift. • Does not consider pledges as donations. • States a specific life span for all material donations and that the City does not guarantee the life span of the donation. • Creates a citywide standard Donation Application and Agreement Form • Requires the terms of all restricted donations to be clearly stated on the Donation Application and Agreement Form. • Requires that installation of a gift shall not commence until donations for the cost of the entire donation project have been accepted by City Council. • States that the City Council has sole authority for accepting all gifts. • States that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. • States that City Council has sole authority for accepting all gifts. • Designates that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. • Requires a donation of at least $10,000 before an individual donor plaque would be considered and continues to allow for the recognition of donations of amounts less than $10,000 on compilation boards containing several donors names. • Allows for a recognition plaque for the donation of park benches, which aligns with the City's Living Streets policy. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 2 New Donations Acceptance Criteria Changed "Criteria" to "Guidelines." Reason: The council may wish to have some leeway in accepting a donation. Page 3 Conflict of Interest Inserted "real or perceived" Reason: States a broader definition of conflict of interest. Page 4 and 5. New and Existing Donations Inserted: "For capital campaigns that involve donations from multiple donors toward a large-scale project, the City shall not contract for services or purchase material for any of the project until donations cover the cost of those services and materials. The City shall not contract for services or purchase material toward large-scale capital campaign projects until donations have been received for 100% of the donation goal for the entire project. To make Page 3 exceptions to this policy requires approval of City Council with the amount needed to complete the project clearly stated and available in the budget. This is to ensure that the City will not be burdened by an incomplete project or will need to go into debt if donation goals are not met." Reason: To motivate donors to contribute to the campaign, to ensure that the City is not burdened by an incomplete project or will need to go into debt if donation goals are not met, and to have a public record of discussions regarding the City budget. Inserted "a large-scale" to describe certain donations. Reason: Donors of a small-scale item such as a camera should not need to be notified of the disposition of their donation, nor have its life span stated. Page 6 Donation Approval and Acceptance Steps Requires longer term record keeping for large-scale donations than for small-scale donation. Reason: All donations are a part of the public record when they are approved by City Council. There is no need to keep the Donation Application and Agreement Form for small-scale donations for a long time. Page 7 Recognition Procedures Recognizes donors of $10,000 or more by allowing for an individual plaque. Allows for recognition on a name plaque as a part of a compilation of donors on a recognition board. Reason: This is generally consistent with the policy in practice and written in the 2000 Donations Policy. Page 4 Naming and Dedications Policy Background Edina does not have a written policy for naming, renaming and dedicating City facilities. The City's established naming practice is: 1. Someone recommends a name for a facility to a City staff or council member. 2. This person routes the name proposal to either the citizen board advising on the facility or the City Council. If sent to a board, advice will be given, and, if approved; 3. The naming and renaming proposal will be placed on the City Council agenda for action. City Council discusses and votes on the proposed name of a facility. The City Council approved the formation of the Naming and Donation Working Group after hearing concerns about the current practice. Naming and dedication requests come up several times a year. Currently the staff is aware of four naming proposals. Analysis The naming and renaming of City facilities should be reserved for exceptional circumstances. The naming process should be systematic, consistent, fair, open to all residents, and should indicate public support. It should aid in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility. Recognizing a person by dedicating a City facility in their name is considered a truly special honor and requires public support. The City Council and Park Board heard the following concerns raised about the current practice. These are valid concerns and warrant addressing in policy and with procedures. 1. Residents of Edina and especially neighbors of the facility were not being informed of and involved in the naming process. 2. There was no stipulation for public support for a name. 3. There was no study time or reflection period for a name proposal. 4. The process for naming or renaming was not clear or transparent. 5. The process does not allow for consideration of a total spectrum of potential name ideas, but only whether to accept the proposed name. 6. The City's history may not be protected with current practice. 7. The process did not adequately allow for a full discussion of diversity, Edina residency, geographic nor historical merit. 8. Most other cities have policies that either do not allow or severely restrict naming of facilities for individuals. Edina has many facilities named for individuals. 9. There are a relatively small number of facilities to name, so the naming process should be extremely intentional. Recommendation The Working Group recommends that the City develop a single naming and dedication policy for all City facilities. This Working Group is not recommending that the City should rename current facilities to meet specifications in this policy. Page 5 The Working Group recommends that the Park Board approve the attached Naming and Dedication Policy dated 3.27.12. The Working Group recommends that the City develop an "Application for Naming and Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix of the Policy. Naming Policy Summary • Renaming City facilities is discouraged. • Naming and renaming should be based on the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts • Naming and renaming for individuals should be restricted to people who have lived in Edina, and who have made a particularly meritorious contribution over a period of several years, to the general public interest or the interest of the City. • There should be a time after that person has died or ended their relationship with the City to reflect upon an individual's legacy before the naming process begins. • Naming should be based on the person's contributions to the City rather than the circumstances of their death. • Public support should be demonstrated with a petition process: Naming and renaming requests require 300 signatures; dedications require 100 signatures. • On a rare occasion, a gift to the City will warrant the naming of that facility at the request of the donor. • Naming for a business entity shall be for a fixed period. • No City facility, except a major feature, shall be named for a business entity. This is to minimize confusion and costs to the City for updating signage and maps. • The public and specifically the facility's neighborhood will be informed of a naming opportunity or proposed renaming and will be provided an opportunity to comment. • The City Manager's office will manage the procedures and record keeping of all naming and dedication requests. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 5. Public Hearing We request that the words "public hearing" be changed to "the public will be provided an opportunity to give input during a public meeting." Reason: Public Hearing is a very specific term defined in state statute and that entails very specific notice requirements and penalties for noncompliance. For this policy, creating a forum for public comment is what was intended. Page 2 and 3 Historic People Page 6 We request that the word "people" be added to the phrase Historic events and places and defined as having passed away over 100 years ago. Reason: There is a strong desire to capture the history of Edina not only by naming of historic events and places but also by naming for its historic people. Page 2 and 5 Record Keeping We request that the City Manager's office is responsible for overseeing the record keeping of names and dedications of public facilities. Reason: There should be one office that compiles and updates the City records on naming and dedications. Page 5 Cost of Plaque and Installation We request that the person(s) proposing a name, renaming or dedication pay for the cost of creating a plaque and its installation. This cost will be calculated by the City at the time of application. This money will be refunded if the application is denied. Reason: There are significant costs involved with creating and installing a name and dedication plaque. The City does not budget for these expenses. Page 3 Naming and Renaming for Exceptional Individuals We request that the first paragraph in this section be changed as following: NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual has been deceased for at least 100 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of the land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of the City of Edina and has made a particularly meritorious contribution, over a period of several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: Reason: To allow for the naming of parks after people who influenced Edina's history and people who donate land. Page 7 DONATIONS/MEMORIALS POLICY (ADOPTED BY CITY COUNCIL JUNE 20, 2000) The City of Edina encourages and welcomes donations from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects, events, equipment, park amenities and land. Donations shall be recognized in a manner based on the amount or dollar value of the donation. In other words, all donations greater than $300.00 but less than $5,000 that are accepted by the City of Edina shall be recognized by: 1. Displaying donation, name of donor, name or names of those given in memory of (if applicable) on the City's web site for one calendar year (January 1 -December 31). 2. Displaying donation, name of donor, name or names of those given in memory of (if applicable) in the City's About Town publication once during the calendar year (the first edition of each year). 3. Sending letter of appreciation from the Park and Recreation Department to the donor(s) for their contribution. 4. Keeping a permanent record of the contribution in the archives of the Edina Historical Society. Donations of $5,000-$24,999 shall be recognized by: 1. Displaying donation, name of donor, name or names of those given in memory of (if applicable) on the City's web site for one calendar year (January 1 -December 31). 2. Displaying donation, name of donor, name or names of those given in memory of (if applicable) in the City's About Town publication once during the calendar year (the first edition of each year). 3. Sending a letter of appreciation from the Mayor to the donor(s) for their contribution. 4. Keeping a permanent record of the contribution in the archives of the Edina Historical Society. 5. Permanently displaying the name(s) of donor(s) on "CONTRIBUTORS TO THE EDINA PARK SYSTEM" board under the bronze category. 6. Upon request, displaying a permanent bronze casting of the name of the donor and accompanying language at a location approved by the Park and Recreation Director. Donations of $25,000 or more, shall be recognized by: 1. Displaying donation, name of donor, name or names of those given in memory of (if applicable) on the City's web site for one calendar year (January 1 -December 31). 2. Displaying donation, name of donor, name or names of those given in memory of (if applicable) in the City's About Town publication once during the calendar year (the first edition of each year). 3. Presenting an engraved plaque of appreciation by the Mayor to the donor(s) for their contribution at an appropriate time and location, i.e. a ribbon cutting ceremony, a City Council meeting, or All Volunteers Awards Reception, etc. 4. Keeping a permanent record of the contribution in the archives of the Edina Historical Society. 5. Permanently displaying the name(s) of donor(s) on "CONTRIBUTORS TO THE EDINA PARK SYSTEM" board under the appropriate category, i.e. Silver, Gold or Platinum. 6. Upon request, displaying a permanent bronze casting of the name of the donor and accompanying language at a location approved by the Park and Recreation Director. The permanent display board that gives recognition to those who have made significant contributions to the park system shall have the following categories: CONTRIBUTORS TO THE EDINA PARK SYSTEM PLATINUM $100,000 or more GOLD $50,000 - $99,999 SILVER $25,000 - $49,999 BRONZE $5,000 - $24,999 Those who have contributed less than $5,000 at one time will not be placed on this permanently and publicly displayed board. Those who have collectively contributed more than $5,000 over a period of time (but never $5,000 or more at any one time) would still not be placed on the board. This permanent display board will be placed in the Council Chambers or its adjacent hallway. k1 CITY OF EDINA o G n / DONATIONS, SPONSORSHIPS AND Hyo "�` �y ADVERTISING POLICY .vY sy OVERALL POLICY The City of Edina encourages and welcomes sponsorships and donations from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects or events. As a rule, sponsorships and donations will be sought after on a pro -active basis with the intent to enhance (or start new) programs or projects, as opposed to, seeking sponsorships and donations for the purpose of reducing tax funding for routine and/or essential goods and services provided by the City. The City encourages joint sponsorships, but, discourages exclusivity. In addition, the City will seek and rely on advertising for selected programs as a regular source of operating income when and where it is appropriate. PHILOSOPHY/BACKGROUND It has always been the philosophy of the Edina City Council to work together with the community in providing programs or events, such as Minnesota Splash, Golf Tournaments, Softball Tournaments, Edina Centennial Celebration and other special events which benefit the residents of Edina. The City of Edina and its various Departments work cooperatively with many civic groups, neighborhood associations and businesses to encourage a partnership with the city. Community residents take a great deal of ownership and develop a deeper commitment to the community when they can contribute with either financial resources or with volunteers working on community projects. It is important, however, that all donations and sponsorships be in keeping with the mission, ordinances, philosophy and policies of the City of Edina . SPONSORSHIP/DONATION PLAN AND PROCEDURES Sponsorships and donations have benefited the City of Edina for many years and have come in many different forms and have come from many different sources. Examples of some of the City of Edina programs that currently receive funding in the form of sponsorships or donations include: 1. Minnesota Splash. 2. Edina Art Center fund raising events, such as The Juried Show, Bunnies And Baskets, etc. 3. Edina Adaptive Recreation bowling. 4. Edina Cup Championship Golf Tournament. 5. Wally McCarthy Pro -Am Golf Tournament. 6. Edina Firearms Safety Training Program. 7. Edina Team Tennis Program. 8. Edina Family Jamboree Event. Examples of some City of Edina programs that currently do not receive any alternative funding in the form of donations or sponsorships include: 1. Fourth of July fireworks display. 9. Adult broomball program. 2. Tennis lessons. 3. Tennis tournament. 4. Coach pitch program. 5. Playground program. 6. Adult bandy program. 7. Adult volleyball program . 8. Adult softball program. 10. Adult hockey program. 11. Swimming lessons. 12. Ice skating lessons. 13. In-line skating lessons. 14. In- line hockey program. 15. Traveling puppet show. Adopted Edina City Council June 5, 1995 Page 1 1 As a matter of policy, the City of Edina will seek donations or sponsorships for the above programs only in the event that the sponsorship or donation will further enhance the activity. As a matter of procedure, the City Manager will have the authority to coordinate the formal process of seeking and accepting donations and sponsorships to supplement and enhance City provided goods and services. Supplemental donations and/or sponsorships that exceed $5 ,000 (or commitments exceeding 12 months) will require prior City Council approval. Prior to seeking donations or sponsorships for goods or services, the City Manager will define the terms of sponsorship and , when appropriate , will seek bids for each opportunity. PROCEDURES TO ACKNOWLEDGE APPRECIATION OF DONATIONS In addition , the City Manager will coordinate official acknowledgment of donations and sponsorships, which will include letters of acknowledgment and appreciation from the Edina City Council. For every donation that is equal to or greater than $5,000, the City Manager's office prepares a Council resolution that expresses thanks and appreciation to the donor(s) . The Department then writes a thank you letter, signed by the Department Head, and is sent along with a copy of City Council resolution to the donor(s). A copy of the Department Head's letter is forwarded to the City Manager's office. Each Department is responsible for coordinating their own fund -raising and donations campaigns and record keeping of those donations. DONATIONS/SPONSORSHIPS DEFINITION Sponsorships are typically acts of financial support of a program, good or service where the sponsor receives advertising in return for their sponsorship. Donations are considered gifts that typically demand no commercial advertising in return for their gift. Donations are usually recognized and acknowledged in the form of a plaque. There is fine line between a donation and a sponsorship, however, most sponsorships are driven by a desire to receive commercial advertising that will further benefit the sponsor's trade or business. Donations are those gifts given with no intent for commercial gain. Nonetheless, donations are often offered with specific personal demands. DONATIONS/SPONSORSHIPS GUIDELINES As a matter of policy, the City of Edina will not accept donations or sponsorships from the private sector or civic groups in the following cases: 1. When the donor's or sponsor's conditions demand that the City advertise alcohol, tobacco or gambling. The City of Edina will not accept donations or sponsorships from individuals, groups or businesses who demand that, in return for their donation, the City advertise alcohol, tobacco or gambling. 2 . When the donation or sponsorship advertising or recognition supersedes and/or interferes with the primary objective of the program or service provided by the City of Edina. The City of Edina will not accept sponsorships under conditions where sponsorship advertising detracts from, disrupts and/or adversely affects the experience and/or value of the recreation service being provided by the City of Edina. Each sponsorship demand must be judged individually as to whether or not the advertising or recognition supersedes and/or interferes with the recreation experience. Prior approval of advertising signs or banners is required . In no case should the sponsor's advertising disrupt or cheapen the recreation experience of the program or service provided by the City of Edina. 3 . When the donated product or service poses an unacceptable level of liability to the City. For example, the City of Edina would not accept a donation of used playground equipment that did not comply with ADA requirements and/or appeared to be unsafe . In addition, the City of Edina would not accept donated services that expose the volunteer and/or others to unacceptable risks. ADVERTISING PLAN AND PROCEDURES The City will pro -actively seek and rely on advertising for selected programs as a regular source of operating income when and where it is appropriate. In the past , the City of Edina has seldom relied on advertising as a routine source of funding. One form of advertising that is currently sold as a routine source of operating income is the advertising space sold in the City of Edina's quarterly "About Town Newsletter." Another form of advertising space that is routinely sold is the sides of the ice-resurfacers used at Braemar Arena. As a matter of policy, the City of Edina will not - sell advertising on permanent fixed assets that are not considered rolling Adopted Edina City Council June 5, 1995 Donations, Sponsorships & Advertising - Page 1 2 stock .For example, the City of Edina will not display commercial advertisements on baseball field fencing, backstops, tee signs at the golf courses, hockey boards etc. Advertising will, however, be considered on rolling stock, such as, a Zamboni. The City Manager shall determine the appropriateness of each advertising request. Adopted Edina City Council June 5, 1995 Donations, Sponsorships & Advertising - Page 1 3 DRAFT FOR PARK BOARD PRESENTATION Cn CITY OF EDINA •<v U• DONATIONS POLICY OVERALL POLICY The objective of this policy is to provide a welcoming and efficient system of uniformly and responsibly accepting donations to the City of Edina. The policy encourages donations from individuals, civic groups, churches, organizations, foundations and businesses for either specified or unspecified use by the City. The policy also creates systematic procedures for the review and acceptance of gifts by identifying the City agency(ies) responsible for accepting gifts; maintaining standards for accepting gifts; managing gifts; keeping records of gifts; and facilitating appropriate recognition of donors. DEFINITIONS "Gift" and "Donation" shall be synonymous. They may be monetary contributions, material items, intellectual property, or services, which the City Council has accepted and for which the donor has not received any goods, services, or advertising service in return. City Facility: Includes parks, buildings, major features, streets and amenities owned by the City of Edina. Existing Donation: Donations accepted prior to the adoption of this policy. New Donation: Donations made after the adoption of this policy. Restricted Donation: A donation given for a specified purpose or with conditions for use attached. Sponsorship: Financial support of a program, good or service where the sponsor receives advertising in return for their sponsorship. AUTHORITY The acceptance of donations must comply with Minnesota Statute 465.03: Gifts To Municipalities. The acceptance of gifts requires administrative action. Only the Edina City Council retains the authority to accept gifts. The City Council retains the sole authority to accept grants from the Edina Community Foundation. BACKGROUND AND PRINCIPLES The City of Edina should encourage and support gifts, grants and sponsorships from individuals, civic groups, churches, organizations, foundations and businesses because it is in the best interest of the City to receive additional funds and material gifts. An objective of this policy is to foster an environment that allows for a deeper commitment to the City through the act of giving. City residents and staff should be proactive in identifying and securing appropriate Edina Community Foundation grants for the good of the City. DONATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION All gifts should be in keeping with the mission, ordinances, philosophy and policies of the City. The development of public facilities is expected to be the result of careful planning and quality construction, not to accommodate gifts. City facilities are to be enjoyed and used by all citizens and are not to become shrines to donors, memorialized persons or business entities. Donor recognition should not compete for attention, nor attract attention away from, the purpose for which the facility was created. Donation acceptance standards and procedures should be clear and consistent, and foster cooperation between City staff and the donor. Acceptance procedure should ensure that donations not become burdensome to the City and that donors understand the City's policy for upkeep and retention. For donations of material items, all installation, and recognition costs should be included with the cost of the donation. The City reserves the right to charge maintenance costs. The City should not become burdened by pledged gifts that are not obtained, and therefore, pledges should not be considered donations. With the exception of real property, all material donations have a specific lifespan that should be clearly defined at the time of acceptance. The City of Edina encourages and welcomes donations by private citizens of certain conservation easements, in order to protect natural, scenic, open or wooded areas within the City. REAL PROPERTY Real Property donations shall be reviewed and a legal opinion rendered thereto by the City Attorney before acceptance by the City Council. GRANTS FROM THE EDINA COMMUNITY FOUNDATION A grant to the City from the Edina Community Foundation shall be considered as a donation and shall comply with this policy. SPONSORSHIPS Donations received through sponsorships shall be considered as donations and shall comply with this policy. GIFTS OF PROFESSIONAL SERVICES Professional services and waivers of fees shall be considered as donations and shall comply with this policy. NEW DONATIONS ACCEPTANCE GUIDELINES The following guidelines shall be applied in determining whether a donation is appropriate for acceptance. 1. The donation shall meet a true need of the City. A facility may be determined to be fully developed and the opportunity for donations may not be available. 2. The donation shall be consistent with existing City policy, program outcomes and department or City goals. DONATIONS POLICY 2 DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION 3. The donation covers the full cost for the purchase, recognition installation, and if required, maintenance during the expected life span of the feature. 4. The donation shall not typically result in an increase to the City's budget. Recipients shall bear in mind that donations are typically to be considered one-time supplements to Departments and should not be used to develop new programs or services which would require budget supplements from the City in the current or subsequent years. 5. Accounting for the item or fund shall not be excessively difficult. 6. The donation contains equipment that does not require extensive repair or maintenance, and if so, maintenance support is available and not burdensome. 7. The donation does not require the purchase of a burdensome amount of additional items in order for it to be useful. 8. The donation does not present a real or perceived conflict of interest for the City or its employees. 9. The donation shall not interfere with the intended current or future use of the facility. 10. Pursuant to Minnesota Statute 465.03, "Nothing herein shall authorize such acceptance or use for religious or sectarian purposes." 11. The donation does not require the relocation of other equipment or infrastructure to accommodate it, unless the expense of such accommodation is included in the donation. 12. The City shall not accept sponsorships under conditions where sponsorship advertising detracts from, disrupts or adversely affects the experience or value of the service being provided. 13. The donated item or service shall not pose an unacceptable level of liability to the City. 14. If there is any question as to the legal owner of the donated item, proof of ownership may be requested. 15. The public shall refrain from creating a shrine. 16. No upright monuments or monuments resembling those typically found in cemeteries shall be accepted or installed at any City facility. The only exception to this criterion is the Veteran's Memorial monument. 17. No donations or sponsorships shall be accepted from individuals, groups or businesses that demand that, in return for their donation, the City advertise alcohol, tobacco, gambling or pornography. DONATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION NEW AND EXISTING DONATION SPECIFICATIONS Donations and their associated acknowledgement become City property upon formal acceptance by the City Council. This policy does not consider donation pledges as donations. For capital campaigns that involve donations from multiple donors toward a large-scale project, the City shall not contract for services or purchase material for any of the project until donations cover the cost of those services and materials. The City shall not contract for services or purchase material toward large-scale capital campaign projects until donations have been received for 100% of the donation goal for the entire project. To make exceptions to this policy requires approval of City Council with the amount needed to complete the project clearly stated and available in the budget. This is to ensure that the City will not be burdened by an incomplete project or go into debt if donation goals are not met. The City reserves the right to remove, relocate or dispose of donations and their acknowledgments when they have been vandalized or damaged by an natural act beyond reasonable repair, reached the end of their life span, or when the donation and acknowledgment interferes with: site safety, maintenance, facility use, aesthetics or construction activities. In accordance with this policy, the City shall attempt to notify the donor in writing at the address on file, of any action related to the disposition of a large-scale donation. In certain situations, such as safety or emergency situations, the notification may be made after the action has already taken place. In the event a donation must be permanently removed from its current site, the City shall seek an alternative location, consistent with this policy. The City reserves the right to seek a new donor for an existing gift at the end of the established life span should the original donor choose not to renew the donation, or if the City has not been able to contact the original donor. The City Manager or appropriate Department Director shall recommend to the City Council approval or rejection of all gifts and the location of their placement. The Department Director shall ensure that the products, construction materials and design meet City standards for maintenance, aesthetics and longevity. A specific life span shall be stated for all large-scale material donations. The City does not guarantee the life span of a donation. The City does not guarantee survivability of trees, plants or gardens. The size at planting and specie of tree or plants shall be limited to those determined by the City. RESTRICTED DONATIONS Staff shall assure that restrictions are reasonable and the donation is practical to accept and meets the criteria of this policy. All terms of restricted donations shall be clearly stated on the Donation Application and Agreement Form. City Council shall take action on the terms of the DONATIONS POLICY 4 DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION donation after hearing the advice of the Department Director or City Manager. Donations requesting the naming or dedication of a City facility shall comply with the City of Edina Naming and Dedication of City Facilities Policy. ACCEPTANCE PROCEDURE Administrative Responsibility: It shall be the responsibility of the City Manager to ensure that proper City officials are informed of the donation; that the donation conforms to this policy; that the donation is acknowledged; that City Council goes through an approval process accepting or rejecting the donation; that timely reports are made; and that suitable recognition is afforded the donor. The City Manager or a designated staff member shall maintain a record of each donation. The donation record shall include the City of Edina Donation Application and Agreement Form. The Form shall contain all pertinent information such as the donor's name, name of the person, in whose honor the donation is dedicated, and the location or placement of the gift, if applicable. The Form shall state whether or not the gift is restricted, and if restricted, must specify the terms and details of the restrictions. Also included in the record shall be, if the gift is monetary, the dollar amount given, if the gift is not monetary a description of the donation, the lifespan of the gift, and a calculation of the cost of the donation to the City. The Form shall contain a signed acknowledgement that the donor has read and agrees to the City Donations Policy. Notification: It is the responsibility of the donor of large-scale gifts to provide the City with a current address for purposes of notification regarding their donation and to notify the City in the event of a change in such address. The City shall send written notice to the donor at the most recent address on file, notifying the donor of changes related to the status of their donations, such as a need to remove, relocate, dispose of the donation, or comply with conditions set forth in this policy. Installation: City personnel shall be responsible for approving the installation of donations. A gift installation shall not commence until donations for the cost of the entire donation project have been accepted by City Council. The installation shall be scheduled at a time and date as determined by City staff so as not to unnecessarily interfere with City activities. Costs: The cost of a donation shall include the cost of purchase, the cost of a recognition plaque or element, site preparation, installation, and, if required the estimated cost of maintenance for the expected life span of the donated item. The expected life span of items typically donated shall be specified on a separate schedule. DONATION APPROVAL AND ACCEPTANCE STEPS 1. The donor and City staff shall each complete their sections of the Donation Application and Agreement Form when donations are received. The donor shall retain a copy of this form as a receipt, a copy shall be sent to the City Manager and a copy shall be provided to the Finance Director. 2. Staff shall not place a value on the gift. DONATIONS POLICY 5 DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION 3. All cash gifts shall be deposited immediately with the Finance Department in accordance with City cash collection policy and procedure and shall be accompanied by a copy of the Donation Application and Agreement Form. 4. The Department Director shall preserve a record of donations to their department, and the City Manager shall preserve a record of all donations. For all large-scale donations the City Manager shall maintain and update contact information when notified on the Donation Application and Agreement Form. Agreement Forms of large-scale donations shall be kept throughout the life span of the gift, small-scale donations shall be kept for at least three years. 5. Cash donations shall remain in the General Fund account until they are spent for their intended purpose. Unspent cash donations shall be carried over to the new fiscal year. 6. The City Manager or Department Director shall acknowledge each gift of $250 or more by letter, thanking the donor for the gift. Further appreciation and acknowledgement shall be at the discretion of the City Manager or Department Director. RECOGNITION PROCEDURES A ceremony or gathering for recognition shall be permitted, and shall be arranged in coordination with City staff. At the discretion of the Department Director or City Manager, the City may acknowledge donations publicly on the City website and in the City's other publications. The City may recognize donors who have donated $10,000 or more to the City at one time by placing their name, if desired, on an individual plaque. Donors, who have collectively contributed more than $10,000 over a period of time, but never $10,000 at one time, shall not be recognized on an individual plaque. A donor who gifts the City less than $10,000 with the exception of bench donations, may be recognized by a name plaque, engraving or other means as a part of a compilation of donors on a recognition board. Donors of benches shall be recognized according to the following criteria: standard recognition plaques shall be used on donated benches to promote consistency in cost, size, type and mounting with plaque language approved by the City. Bench plaques shall be a maximum of 3" high by 6" wide. The Department Director or City Manager shall give prior approval for all acknowledgement and sponsorship signs, print material or banners. The City prohibits locating, installing and maintaining individual tree plaques at the tree site. Recognition for tree donation shall be at the discretion of the Director of Parks and shall include recognition in a City publication or on the City website. The Director of Parks shall record the date and location of the planted trees, and if the donor prefers, information about the reason for the donation. DONATIONS POLICY 6 DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION DONATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 REPORT/RECOMMEN DATION To: EDINA PARK BOARD Agenda Item Item No. VI. D. From: John Keprios, Director Park and Recreation Department Action Discussion Information Date: May 8, 2012 Subject: Veterans Memorial Sculptor Contract ACTION REQUESTED: Staff recommends that the Park Board advise the City Council to approve the contract proposal from our nationally recognized artist sculptor, Robert Eccleston, with the condition that there are monies in the Veterans Memorial account at the time the contract is signed. INFORMATION/BACKGROUND: I recommend that we sign the proposed contract titled "Artist's Agreement" with Robert J. Eccleston as proposed. I further recommend that the contract not be signed until there is a minimum of $100,000 in the Edina Community Foundation's Veterans Memorial account. At the April 10, 2012 Park Board meeting, the Park Board voted to table the matter until the May 8t" Park Board meeting. Since then, we have received a pledge from the noon Edina Rotary Club for $20,000. We also met with two prominent prospects who viewed the Veterans Memorial fundraising presentation and they have pledged to make contact with several additional Edina prospects to encourage them to meet with the Veterans Fundraising committee volunteers and make a donation. The Fundraising Committee is in the process of setting up several more private meetings with potential large donors for this month and June. At this point in time, the price in the contract is not negotiable. If we delay signing the contract, there is a real chance that the price may go up even further because the price of the sculpture is also based on foundry expenses which cannot be controlled by the artist. Formal Park Board action is requested on this agenda item. ATTACHMENTS: • Artist's Agreement : • : :mT•T:l�+ de]Rato] 7 67 Theianoguen Way Lake Placid, New York 12946 Phone/Fax: 518-523-9403 info@roberteccleston.com March 21, 2012 EDINA VETERANS' MEMORIAL Artist's Agreement This agreement dated March , 2012 is made between the City of Edina ("City"), 4801 West 50th Street, Edina, MN 55424 and Robert Eccleston ("Sculptor") of 67 Theianoguen Way, Lake Placid, NY 12946. Purpose of Agreement The purpose of this agreement is to set fourth the terms under which the Sculptor will produce, deliver and install a 7' wingspan bronze eagle holding a wreath for the City of Edina to be located at the Edina Veterans Memorial site. General Financial Matters The cost of the said bronze sculpture will not exceed US$83,000.00. The price breakdown is as follows: $72,600.00 Bronze Eagle & Wreath Sculpture. Price includes sculptors fee, all costs associated with casting the piece in bronze to include mold, wax pattern, cerarnic mold, bronze casting, stainless steel armature and patina. $ 2,900.00 Engineers fee to design stainless steel support armature. $ 7,500.00 Delivery and installation of sculpture**: **Delivery and installation cost does not include price of crane. $83,000.00 Subtotal Cost $( 3,800.00) Veterans Memorial Model deduction $79,200.00 Grand Total Payment Schedule The payment schedule for the creation of the bronze sculpture will be broken down into three installments as follows: $26,400.00 At commencement of sculpting phase $26,400.00 At the commencement of casting phase $26,400.00 Upon completion and approval of finished bronze sculpture Sculptor will provide photographs of the progress periodically during the process to the City and/or a City representative is welcome to inspect the progress of the sculpture at any stage. Warranty The Sculptor warrants that the bronze sculpture is to be made of art quality bronze and is to be produced in such a manner that it can last in perpetuity, reasonable wear and tear accepted realizing that it is to be placed outside where weather can range from well above 100 degrees to well below freezing with snow, wind and rain. The Sculptor warrants any major defect caused by poor workmanship or flaws in the material for a period of 3 years. The Sculptor is not responsible for any damages caused by vandalism, neglect or acts of God. Maintenance The Sculptor will provide a maintenance plan to the City. Maintenance of the bronze sculpture shall be the sole responsibility of the City. General Consideration Entire Agreement. This document constitutes the entire understanding of the parties and may not be amended except in writing and signed by parties hereto. Disputes. The parties agree that any disputes shall be resolved by binding arbitration in Essex Co, New York and the prevailing party shall be entitled, in addition to such relief as may be granted to a reasonable sum for attorney's fees, which sum shall be determined by the arbitrator. Copyright. The Sculptor will retain the copyright to the said sculpture. Sculptor: Robert J. Eccleston City of Edina: Scott Neal, City Manager City of Edina Date Date ROBERT J. ECCLESTON, SCULPTOR 67 Theianoguen Way Lake Placid, New York 12946 Phone/Fax: 518-523-9403 info@roberteccleston.com March 21, 2012 EDINA VETERANS' MEMORIAL Artist's Agreement This agreement dated March , 2012 is made between the City of Edina ("City"), 4801 West 50th Street, Edina, MN 55424 and Robert Eccleston ("Sculptor") of 67 Theianoguen Way, Lake Placid, NY 12946. Purpose of Agreement The purpose of this agreement is to set fourth the terms under which the Sculptor will produce, deliver and install a 7' wingspan bronze eagle holding a wreath for the City of Edina to be located at the Edina Veterans Memorial site. General Financial Matters The cost of the said bronze sculpture will not exceed US$83,000.00. The price breakdown is as follows: $72,600.00 Bronze Eagle & Wreath Sculpture. Price includes sculptors fee, all costs associated with casting the piece in bronze to include mold, wax pattern, ceramic mold, bronze casting, stainless steel armature and patina. $ 2,900.00 Engineers fee to design stainless steel support armature. $ 7,500.00 Delivery and installation of sculpture**: **Delivery and installation cost does not include price of crane. $83,000.00 Subtotal Cost $( 3,800.00) Veterans Memorial Model deduction $79,200.00 Grand Total Payment Schedule The payment schedule for the creation of the bronze sculpture will be broken down into three installments as follows: $26,400.00 At commencement of sculpting phase $26,400.00 At the commencement of casting phase $26,400.00 Upon completion and approval of finished bronze sculpture Sculptor will provide photographs of the progress periodically during the process to the City and/or a City representative is welcome to inspect the progress of the sculpture at any stage. Warranty The Sculptor warrants that the bronze sculpture is to be made of art quality bronze and is to be produced in such a manner that it can last in perpetuity, reasonable wear and tear accepted realizing that it is to be placed outside where weather can range from well above 100 degrees to well below freezing with snow, wind and rain. The Sculptor warrants any major defect caused by poor workmanship or flaws in the material for a period of 3 years. The Sculptor is not responsible for any damages caused by vandalism, neglect or acts of God. Maintenance The Sculptor will provide a maintenance plan to the City. Maintenance of the bronze sculpture shall be the sole responsibility of the City. General Consideration Entire Agreement. This document constitutes the entire understanding of the parties and may not be amended except in writing and signed by parties hereto. Disputes. The parties agree that any disputes shall be resolved by binding arbitration in Essex Co, New York and the prevailing party shall be entitled, in addition to such relief as may be granted to a reasonable sum for attorney's fees, which sum shall be determined by the arbitrator. Copyright. The Sculptor will retain the copyright to the said sculpture. Sculptor: Robert J. Eccleston City of Edina: Scott Neal, City Manager City of Edina Date Date REPORT/RECOMMENDATION To: EDINA PARK BOARD Agenda Item Item No. VI. E. From: John Keprios, Director Park and Recreation Department Action Discussion Information Date: May 8, 2012 Subject: Reschedule November Park Board Meeting ACTION REQUESTED: Staff recommends that the Park Board choose one of the following alternate dates to hold the November 2012 monthly Park Board meeting: Thursday, November 8 Thursday, November 15 Monday, November 19 Wednesday, November 21 INFORMATION/BACKGROUND: The City Council recently created a new policy (copy attached) to not conduct public meetings on days of religious observance. The second Tuesday in November this year falls on the third day of Diwali of the Hindu religion. Therefore, the Park Board must move their November meeting to an alternate date. I sent the Park Board an email in early April suggesting that the November Park Board meeting be moved to one of the four dates shown above. Please come to the Park Board meeting prepared to share which of those dates you are available. We may not be able to find a date that works for everyone. Formal Park Board action is requested on this agenda item. ATTACHMENT: Religious Holiday Policy 19 4 A_1 41, ''�� CITY OF EDINA o e f ro PUBLIC MEETINGS AND RELIGIOUS OBSERVANCES POLICY r Purpose It is the policy of the City of Edina to encourage public engagement during decision-making processes. This includes attending or participating in City Council and board/commission meetings. The purpose of this policy is to provide a framework for avoiding significant days of religious observance that may preclude participation. At the same time, the City acknowledges that it is not possible to recognize all days of religious observance without significantly impacting the City's ability to conduct business or restricting participation by holding multiple public meetings at the same time. Restrictions for Public Meetings Due to Religious Observances In addition to the holidays on which city offices are closed, City Council and board/commission meetings will not be scheduled on the following days of religious observance that include significant work restrictions: • Good Friday (Christian) • Christmas Eve (Christian) • Evening before and day of Yom Kippur (Jewish) • Evening before and two days of Rosh Hashanah (Jewish) • Evening before and first two days of Passover (Jewish) • Eid al Fitr (Muslim) • Eid al Adha (Muslim) • The third day of Diwali (Hindu) Special meetings called for emergency purposes would be exempt from this restriction. City staff and committee /working group chairs are also encouraged to avoid scheduling public meetings or other forums on these dates. Setting Meeting Schedules Prior to the start of a new year, the City Clerk will develop a calendar with the restricted dates noted above and identify any conflicts with regularly -scheduled meetings. When a conflict exists, the City Council and boards/commissions will be asked to identify an alternative date prior to the calendar being published at the beginning of the year. When setting the calendar, boards and commissions have the option of rescheduling additional meetings at the request of individual members due to conflicts with days of religious observance not included in the list above. Adopted by City Council (March 20, 2012) Page I 1 CITY OF EDINA o G o PUBLIC MEETINGS AND RELIGIOUS OBSERVANCES POLICY r , 'v,rN �w;svv. Purpose It is the policy of the City of Edina to encourage public engagement during decision-making processes. This includes attending or participating in City Council and board/commission meetings. The purpose of this policy is to provide a framework for avoiding significant days of religious observance that may preclude participation. At the same time, the City acknowledges that it is not possible to recognize all days of religious observance without significantly impacting the City's ability to conduct business or restricting participation by holding multiple public meetings at the same time. Restrictions for Public Meetings Due to Religious Observances In addition to the holidays on which city offices are closed, City Council and board/commission meetings will not be scheduled on the following days of religious observance that include significant work restrictions: • Good Friday (Christian) • Christmas Eve (Christian) • Evening before and day of Yom Kippur (Jewish) • Evening before and two days of Rosh Hashanah (Jewish) • Evening before and first two days of Passover (Jewish) • Eid al Fitr (Muslim) • Eid al Adha (Muslim) • The third day of Diwali (Hindu) Special meetings called for emergency purposes would be exempt from this restriction. City staff and committee /working group chairs are also encouraged to avoid scheduling public meetings or other forums on these dates. Setting Meeting Schedules Prior to the start of a new year, the City Clerk will develop a calendar with the restricted dates noted above and identify any conflicts with regularly -scheduled meetings. When a conflict exists, the City Council and boards/commissions will be asked to identify an alternative date prior to the calendar being published at the beginning of the year. When setting the calendar, boards and commissions have the option of rescheduling additional meetings at the request of individual members due to conflicts with days of religious observance not included in the list above. Adopted by City Council (March 20, 2012) Page 1 1