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HomeMy WebLinkAbout2003-04-08 Park Board PacketCity of FA I EDINA PARK BOARD TUESDAY, APRIL 8, '2003 7:00 P.M. COUNCIL CHAMBERS EDINA CITY HALL AGETS' DA * 1. Approval of Tuesday, March 11, 2003, Park Board -Minutes. *2. Fox Meadow Park Donations Recognition Plaque. *3. Needs Assessment Assignment — Indoor Field Sports and Gymnasiums. *4. Edinborough Park Play Structure & Special Meeting. 5. Park Board Park Assignments. 6. Updates. A. YMCA/Tri-City Skate Park. B. Fred Richards Golf Course Maintenance Building. C. Normandale Park Playground Equipment. 7. Other. 8. Adjournment. *These are agenda items that require or request Park Board action. City Hall (952) 927-8861 4801 WEST 50TH STREET FAX (952) 826-0390 EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 Memo To: Edina Park Board. From: John Keprios, DireojonDepartment Edina Park and Recre Date: April 3, 2003 Re: TUESDAY, APRIL 8, 2003, PARK BOARD MEE Enclosed you should find the following items: 1. Tuesday, April 8, 2003, Park Board Agenda. 2. Tuesday, March 11, 2003, Park Board Minutes. 3. Fox Meadow Park Donations Plaque. 4. Fox Meadow Park Donations List. 5. Donations/Memorials Policy. 6. Request for Proposals - Edinborough Park Playground. 7. March 18, 2003, City Council Minutes. The following is the monthly staff report concerning each item Approval of the Minutes and Other. "Other" is listed on the age requiring formal action), last minute items that may come up bE plus, cover any other concerns of Park Board members and/or G STAFF REPORT. the agenda with the exception of a for other information items (not een now and the Park Board meeting, PARK BOARD MEETING AT EDINA CITY COUP The April 8, 2003, Park Board meeting will be at 7:00 p.m., in Hall. If you are unable to attend, please call either Office C 0430. FOX MEADOW PARK DONATIONS REC I am proposing that the Park Board approve the enclosed displayed on the picnic shelter to be constructed at Fox M The reason why this is a Park Board agenda item is that the keeping with the existing Donations/Memorials Policy; hoN appropriate under the circumstances. I am therefore suggeE with the understanding that the existing policy be formally City Council Chambers at Edina City , Janet Canton, at 826-0435 or me at 826 - ION PLAQUE ns recognition plaque to be permanently Park. gnition plaque is not necessarily in r, it is my opinion that the recognition is that an exception be made in this case ed later this year. I am not yet prepared to propose a formal revision to the exist: • study the issue and get input from all of our professional staff. recommendation for any changes, deletions, and additions to t If approved by the Park Board and City Council, the plaque w picnic shelter at Fox Meadow Park. Park Board action is requested on this agenda item. NT ASSIGNMENT - GYMNASIUMS On page 12 of the enclosed City Council minutes, the Council Park Board to complete a needs assessment for all recreation gymnasiums and realistic options for consideration and to co four months with the study." As you will notice, this action'%N Edina Basketball Association and the Edina Soccer Club for th the 7300 West Bush Lake Road facility. I shared this Council action immediately with Chairman Ge committee to work with staff in the study. The four Park B 1. Mike Damman 2. Andrew Finsness 3. George Klus 4. Linda Presthus My recommendation is to set up field trips, meetings with ath meeting with School District representatives involved in their studying the needs and alternatives with the committee, I prol Park Board at large on the committee's recommendations. policy because I would like to further qty intention is to make a current policy later this year. be a bronze metal plaque attached to the U-011 issed to following motion; "to direct the acilities for indoor field sports and e back before the Council in three to s the result of a proposal made by the City of Edina to purchase and renovate Klus, who in turn formed a four -person members are: association presidents, and possibly a )osed referendum. After reviewing and that staff make a presentation to the At our April 8th meeting, I will hand out a hard copy of the proposed projects under consideration by the School District Referendum Committee. It is a lengthy document of their "work in progress." Colleen Feige, Co -Chair of the committee and currently Chair of the School Board, shared with me that the document most definitely going to change and should be viewed as "work in progress" and not a concrete plan ready to be presented to the School Board for adoption. My recommendation is that the Park Board approve staff's from the City Council. Formal Park Board action is requested on this agenda item. EDINBOROUGH PARK PLAY STRU process to go achieve the directive E Thank you for responding to my email request to have a specia Park Board meeting to approve the Edinborough Park playground structure bid. This is the first time we have ever bid playground equipment based on subjective criteria, as opposed to simply accepting the low bid. As shown in the enclosed specifications, the criteria for selection is: 2 METHOD OF AWARD The City of Edina reserves the right to reject all propo City's sole discretion, it deems to be in the best intere,' The award of the contract will be based on an analysis Specifications — 35 points Proposer has followed playground specifications, warranty requirements. or to award the contract that, in the of the City. 'the following criteria: cost, play elements, noted features and Design and Quality — 50 points The quality of the product with the proposed design has addressed the City's needs, whether stated or previously unknown, including the use of the space, size of structure, aesthetics, capacity, number of play elements, age appropriate activities, play value, maintenance of structure, and ease of supervision. ualit — 15 points Quality of products and the availability of service. This process has worked well for other cities and allows us to our budgeted dollars. I feel that it is important for the Park Bc of its unique method of award of bid. After giving this more tl vendors to attend this special meeting to present and defend th Park Board. This obviously would take more than a 15-20 min just staff to meet with the vendors individually to present their the Park Board. Either way, I would ask the vendor of our chc on Tuesday, May 6, 2003, to present the winning plan. At the Stn, I will have a good idea which date and time works for the i My recommendation is to approve a special meeting prior to Formal Park Board action is requested on this agenda item. the most amount of play structure for I to be involved in this process because fight, it may be advantageous to invite the plan and answer any questions from the meeting. Another option would be for in and then make a recommendation to to appear at the City Council meeting ie of our Park Board meeting on April ority of the Park Board members. 1St, 2003, to address only this issue. PARK BOARD ASSIGNMENTS At the March 11 Park Board meeting, Chairman George Klus suggested that Park Board members be given a park or two to visit and report back to the Park Board their findings and, if needed, make any recommendations for improvements. I suggest that the Park Board consider prioritizing the park locations and facilities of most interest and assume those assignments. My recommendation is that those sites currently scheduled for improvements would be worthy sites to visit to give Park Board members current updates on the progress. Some of those sites this year would include: 1. Edinborough Park (playground structure). 2. Normandale Park (playground structure). 3. Sherwood Park (playground structure and new picnic 3 ter). 4. Yorktown Park (YMCA/Tri-City Skate Park). 5. Fred Richards Golf Course (maintenance building). 6. Arneson Acres Park (entrance improvement, lift station 7. Fox Meadow Park (development of neighborhood park 8. Tupa Park (Cahill School and Grange Hall building ren 9. Senior Center (new furnishings and plans for upgraded 10. Edina Aquatic Center (Tom White's Icee machine!). There's 10 different sites to keep a watchful eye on for progre doesn't count). Other suggestions might include looking at th Showmobile; parks that could use improvements, such as new courts; sites for a tier I skate park; pathways in the park systen buildings, etc. With 39 parks and millions of dollars worth of worthy of visiting. The above are just a few of my ideas to inspire your great UPDATES I intend to give the Park Board verbal updates on the Skate P building, and Normandale Park playground. OTHER This is an opportunity for Park Board members and residents EI and new park identification sign). > (actually only 9, Tom's Icee machine recently painted and repaired )ark shelter buildings and/or basketball condition of existing park shelter acilities. there are a number of sites Richards Golf Course maintenance address other concerns. EDINA PARK BOARD 7:00 P.M. COUNCIL CHAMBERS MARCH 11, 2003 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT OTHERS PRESENT: I. II. Andy Finsness, Mike Dar Klus, Jeff Johnson, Floyd Grande, Mike Weiss David Fredlund John Keprios, Ed MacHo Tom White, Dick Cermele, Bob Rauch, Kathryn Peters( ELECTION OF OFFICERS John Keprios indicated that Ardis Wexler would Vice Chair and asked if it could be delayed for h the Park Board at 7:00 p.m. It was decided to de in the meeting. Mr. White asked for nominations for chair. Floyd KLUS FOR CHAIR. Jeff Johnson SECONDED I Nominations closed. George Klus was voted as TOM WHITE Karla Sitek, Ardis Wexler, George -1, Linda Presthus, Allyson Janet Canton Nelson, Jim Nunn, Fred Fink, to be considered for the position of because she will not be able to be at the election for vice chair until later biel NOMINATED GEORGE NOMINATION. of the Park Board. Mr. Keprios explained that he asked Tom White tc attend the Park Board meeting because he wanted to thank him for all of his services to the Park Board. Mr. Keprios indicated that Mr. White will be recognized at theBoard and Commission meeting. MINUTES Floyd Grabiel MOVED TO APPROVE THE NO` MINUTES. Linda Presthus SECONDED THE M 1 2002 PARK 12, 2002 PARK BOARD MINUTES APPROVED. IV. EDINA THEATRE COMPANY — DR. DICK CERMELE Mr. Keprios introduced Dr. Dick Cermele and noted that he comes to the Edina Park and Recreation Department with a tremendous amount of talent and background in the area of theatre, drama and especially directing. He stated that he wants to thank Dr. Cermele publicly for all of the volunteer time that he has put forward. Dr. Cermele indicated that they were hoping to produce their first play just before the week of Thanksgiving. He explained that he chose a play that only has three characters in it, two women and a man. However, two weeks into rehearsal the male actor had scheduling conflicts and therefore left. At that time they decided to get through the holiday season and wait a little while. He noted that they hope to have their first production ready the first week of June. Dr. Cermele stated that he has directed and acted in a lot of plays over the years and now that he is retired he was looking for something to do and wanted to start up a community theatre in Edina. He noted that he met with Mr. Keprios who suggested looking at the Grange Hall as a place for them. Dr. Cermele commented that the Grange Hall was not designed to be a theatre but it could be and will be. Dr. Cermele informed the Park Board that approximately 60 women have volunteered their efforts in many directions, however, they are having a more difficult time finding men. He noted that this will be their first big challenge before they can resume their rehearsals. Dr. Cermele explained that they envision charging $5.00 a ticket for at least the first couple of seasons. He noted that he has figured out that they could arrange approximately 80 chairs and still have a good playing area. He indicated that they are not here to make money but are here to offer and produce plays for the people of Edina. Dr. Cermele pointed out that they are going to try to give preference to actors from Edina first and then actors from elsewhere. Mr. Klus commented to Mr. Keprios that he assumes he has helped them with their initial budget to which it was noted yes. Mr. Klus informed Dr. Cermele that he may also want to check with community organizations and service clubs in Edina about donating money to the community theatre. He noted that he thinks a lot of organizations and clubs would gladly like to see them grow. Ms. Presthus stated that she thinks the budget does not look very realistic and asked if there is a shortfall who is going to cover it. Mr. Keprios replied that those are all fair comments however, he thinks we are in a position to expect some level of subsidy to help get them started. Ms. Presthus commented that she would like to know where the money is coming from to which Mr. Keprios explained that they have a budget set aside to help get them off the ground. It's part of the service they provide, they give them a facility, a venue and help get them started and become self-sufficient. Ms. Presthus asked if they go over budget do we have a contingency of $5,000 to $10,000 extra. Mr. Keprios 2 V. replied that there are going to be some revenues to He noted that these are volunteers, whom are not p generate will go right back to the people who are p Dr. Cermele pointed out that the biggest items on tl therefore when they are having problems with the 1 are modern where people can use their own costurr. easy to costume and easy to light. Dr.. Cermele star highly educated people for the most part they want of quality productions. People accept anything if ii he has proved with his career over the years. ich they will pay back a big share. He stated that any money they niz out the dollars. e budget are lights and costumes, fidget they need to chose plays that ;s. He noted that small cast plays are :d that in a community like this of o produce and establish a reputation s done well and he can do it well as Mr. Finsness commented that he thinks the venue will help to gain attendance rather than hinder it. He noted that he thinks people will go jut to be in that venue. He pointed out that they will be on shaky legs the first couple of years and it's going to be a real challenge but he knows they can do it. EDINA TRAVELING BASEBALL CLUB Mr. Klus stated that as Mr. Keprios stated in his memo there are two issues that need to be dealt with tonight. First, which rate should the Edina Traveling Baseball Club (ETBC) have to pay and second what priority does the ETBC fall under. Mr. Klus read through the list of priorities. Mr. Keprios pointed out that it's important to reme ber that two years ago when the policy was put together it was developed with the intent that you want to recognize each youth athletic association as the priority provider for that particular sport for all age groups. He explained that was the intent because different groups were starting to come forward saying that they demand access to the city s facilities because they didn't like the way certain programs were being run. Mr. Keprio stated that is why the policy was put in place, however, the policy as written does not specify recognizing one group that serves all ages and needs for that particular sport. That way they won't have to deal with three, four, five or six competing groups who all have different philosophies. Mr. Keprios informed the Park Board that what has happened is a group of parents went out and became incorporated to be in compliance with the existing policy. However, in his view, what doesn't work here is that it doesn't serve the greater population. Mr. Keprios explained that if you equate this to the different soccer organizations out there. The Edin, component, which really doesn't compete with Ed cooperation with each other. He noted in his view apples scenario. Mr. Johnson asked why can't ba replied that in his view the ETBC is essentially in that is already being offered for that age group. Hi people didn't like the way the Edina Baseball Ass( and they wanted to have something different. He 1 3 soccer scenario, there are two Soccer Club is the traveling la Soccer Association. They are in ;he baseball issue is not an apples to -ball be run like soccer. Mr. Keprios ompetition with an existing program noted his view is that a group of ,iation (EBA) changed their program ointed out that when he says different he thinks this group wanted the baseball program to be run the same way it was the previous year. Ms. Presthus asked if this is a one-year deal and does it only incorporate 12 year-olds. Mr. Keprios suggested that the Park Board hear from both groups and then ask specific questions of them. Kathryn Peterson, President of the ETBC, indicated that she has served on the Edina Soccer Club for many years, has been a coach for the Edina Soccer Association and the Edina Youth Softball Association and has been a team manager and volunteer for both soccer and hockey. Ms. Peterson noted that in her role with the Edina Soccer Board she brought organization, professionalism and the highest level of integrity to it. She commented that she would not be part of an organization if it didn't represent those qualities. She noted that she joined the Soccer Board because it was disorganized and seemed to lack accountability for anything and stated that she thinks it's fair to say that she left the board in many times better shape than when she had started. Bob Rauch, Secretary of the ETBC, indicated that he has coached both baseball and basketball and has also been the ice coordinator for the Edina Hockey Association. He added that he continues to work on many projects in an unofficial capacity with the associations. Fred Fink, ETBC board member, indicated that he has been a board member on the Edina Basketball Association and Edina Girls Traveling Basketball Association. He noted that he has also coached in-house basketball, traveling basketball and football. Ms. Peterson explained that their club evolved to fill a void that occurred when some fairly drastic changes were made in the EBA program that were unveiled in late November. Therefore, they stepped in to continue the traveling programs that had been taken away from the 12 year old age group. She noted that she believes they meet all of the criteria that are laid forth in the city's guidelines for priority two. She indicated that the first criteria is that their organization is solely for the Edina community to which they are 100% for the Edina youth who live or go to school in Edina. The second criteria is that they form a non-profit organization to which they are incorporated under Minnesota law. She stated that because they have not completed a fiscal year they do not have information for the third criteria, however, once it is available she will send Mr. Keprios a statement of their financial status. The fourth criteria is that they are open to all players. Ms. Peterson informed the Park Board that they mailed out over 300 postcards to 6th grade boys in Edina inviting them to tryouts, which were open to everyone. She noted that 29 registrants signed up, which represent approximately 30% of the active registered players in this age group who registered for traveling baseball. Ms. Peterson indicated that their board meetings are open to the public and are posted on their website as well as their meeting minutes. She also pointed out that they have invited and have had an EBA board member at several of their meetings. Ms. Peterson stated that they are available to answer questions via e-mail from their web site. She also noted that they will be holding a parent informational meeting before they make any plans for the season to get input from interested parties. Ms. Peterson pointed out that their teams play during the spring and summer, which is also the primary season for the EBA. 11 Dale Nelson, President of the EBA, indicated that 1 and noted that he would like to respond to a few pr explained that last fall they were approached by Br member and coach, who indicated that he wanted t practice during the week and play tournaments bec program or the little league program. Mr. Nelson group rejected their traveling program early on anc as not suitable. Mr. Nelson explained that they ha` communities as well as they have they have consul experts about what's best for the community in de) noted that this is the first time they have been affili Edina. Mr. Nelson informed the Park Board that the EBA some 12 year olds have registered to play in both I they are the primary baseball association in Edina fields and if there is field space left over then obvi that. He indicated that they are providing a progra and are trying to meet the needs of all kids. ie has been on the board for six years c)posals made by the ETBC. He ad Baker, a former EBA board take some 12 year old kids and ause they did not like the traveling stated that just as a point of fact this also rejected the little league program ,e checked with surrounding ted with youth development and sports eloping youth through baseball. He ated with little league baseball in is over 900 registrants to which grams. He noted that EBA feels I that they should have access to the sly any citizen group can apply for for kids of all ages and ability levels Mr. Finsness asked if the 29 registered players are he "cream of the crop" to which Mr. Rauch replied he doesn't know how you would be able to answer that. However, if you're asking whether the bulk of those boys played traveling baseball last year the answer would be yes. Mr. Johnson commented that he would guess that is probably the case. Ms. Presthus asked the ETBC what their purpose i . She asked if this is a one year shot and is it only for 12 year olds or will they be expanding it to other age groups. Mr. Rauch replied that they don't see this as a one year measure. He noted that they would like to work similar to the way the Edina Soccer Association does. Mr. Rauch commented that they don't want to be viewed as a group of people ho are doing a one year thing just for their kids. He indicated that at that meeting they offered to interview board members from the EBA who would like to join the traveling part of baseball. Mr. Rauch indicated that he can see the two organizations living together harmoniously in the future. Ms. Peterson pointed out that given the time frame they had to work with there was only so much they could do and they needed to start somewhere. She indicated that they did make the offer to try to merge into the EBA and h ve a merged organization. Mr. Keprios indicated that under the ETBC's Artie purpose is to organize, operate, educate, promote baseball for players under the age of 17 in Edina. program up to all of those under 17 or is it just for they put that in just for the purpose of incorporatic view that's an issue in itself to say that you are go: serve a certain age group and then turn around anc Z les of Incorporation it states their id stimulate interests in the game of le asked if they are opening the l2 year-olds. Ms. Peterson replied i. Mr. Keprios commented that in his ig to become a non-profit group to only serve a selected age group. Mr. Klus asked if there is a reason why other age groups were not included. Ms. Peterson replied it was a question of timing and resources because the EBA program was announced in late November. Also, they wanted to start with something that was manageable. Ms. Peterson explained that they are not trying to compete with the EBA but rather they are trying to fill a void that was left when a program was eliminated for a group of kids who wanted to continue with that program. Mr. Klus asked Mr. Nelson if he understands correctly that in little league this year they are going to allow some traveling. Mr. Nelson replied that there are some 12 year old traveling players from last year who want to continue on that team. Therefore, they are being allowed to play in some tournaments this year as a traveling team as a concession to their concerns of wanting to stay together as a team and have that experience. Mr. Fink stated that to follow up in terms of the different age groups they are intending for it to be phased in. He noted that they have already had inquiries from 10 and 11 year olds. He indicated that he expects the organization to be very viable in the future for a variety of age groups. Mr. Fink explained that when the EBA originally announced their plans to convert to little league status, some parents asked to have a 12 -year old traveling component within EBA's program and have some concessions in the transition period. Mr. Grabiel indicated that he has three questions. First, is EBA not run on democratic principles, don't board members have input. Second, why do we need two different baseball programs in the City of Edina. Third, how is it that you are coming before the Park Board on some kind of forming status and yet all of your materials have "City of Edina" on them and are in "Care of Edina Park and Recreation" as though you are already fully integrated with the Park and Recreation Department. Ms. Peterson replied that she was given permission by Mr. MacHolda to use the City of Edina's address on their materials. She noted that she did not do it without permission. Mr. Grabiel asked why do we need two baseball organizations. Ms. Peterson replied that in her opinion the EBA made some fairly radical changes in their program that were presented in meetings in late November as a done deal. They did not ask for input and they did not do any marketing research. She stated that she felt they were sales meetings. The EBA basically told them this is good for you and this is what we are going to do. She noted that there was a lot of discussion at the meetings, there were questions about transition, there were promises made by the EBA to have follow-up meetings, especially for this age group, which did not happen. She indicated that what the EBA proposed was a transition year where the 9, 10, 11 and house league 12 would play Little League and that they would maintain traveling teams for the 12 year olds for a transition year. Ms. Presthus asked Ms. Peterson if she is opposed to the Little League concept to which she replied she is not opposed to the Little League concept. Mr. Rauch indicated that they are not opposed to Little League being in existence, in fact they think it's a very good house program, they feel there is a need for a traveling program. Mr. Nelson pointed out that the EBA Little League program does participate in 16 games in the metro league as well as three tournaments per year. He explained that having a traveling team C at age 12 was a very controversial issue with the E A. Most of the board members felt it's not the type of programming they should be of 'ering. They don't believe it's the best way to develop their athletes. Therefore, he feels ffiat the ETBC is rejecting the traditional traveling program, they are not rejectin Little League. Mr. Finsness asked how this would affect the field and would there be enough space. Mr. MacHolda replied that they aren't necessarily adding more kids, they are just working with two different organizations in terms of scheduling. Ms. Peterson informed the Park Board that they have no interest in having priority over the EBA, they accept second priority to lesser fields. She noted that she feels very confident in saying that they will not have any issues with scheduling fields. Ms. Presthus asked if she understands correctly th as part of the EBA to which it was noted yes. Ms. minor traveling component and added that there ai Mr. Nelson stated that the Little League program i mischaracterization of what Little League basebal current traveling teams have a 16 metro league gai through 15 as well as the EBA has paid for three t, instead of being in the metro league the Little Lea, tournaments as they would have had in traveling. component that the 13A team will have. Ms. Peterson asked Mr. Nelson to clarify that all teams playing each other, which is in fact a house are also playing against teams from Golden Valle; t there is a traveling baseball program Peterson clarified that EBA has a different focuses of the program. not a house program, that is a serious is. Mr. Nelson explained that their ie schedule plus playoffs for ages 11 urnaments. This year, however, ue will still have the same three 3e noted that it's the same traveling teams in Little League are Edina ie. Mr. Nelson replied that they Mr. Johnson asked Mr. Nunn what baseball program Minnetonka participates in to which he replied they are in Little League. Mr. Nunn noted that the big difference between a Little League program and a traveling program is traveling holds their tryouts in a gymnasium in March. Little League play part of their season and then an all-star team is formed based on their performance on the field. Mr. Johnson asked why can't baseball be run like occer and hockey where there is one A team and one B team and then five or six C teams. Mr. Rauch replied that he would hate to sit here and debate which association has a bf are asking for is field usage, they are not asking Mr. Weiss asked if the question at hand is whether priority two status. Mr. Keprios replied that's a gi the biggest issue. He indicated that if you read th( supposed to be open like the EBA. However, the), within the group of baseball. He noted that if the} which they've been formed there are now two con stated that in his view if you write this out he thin] seven. Again it was noted that the question is are 7 angle on this. He noted that all they priority over EBA. or not the ETBC qualifies for a ;at question and that's where he has .r articles of incorporation they are are serving only a small segment are accepted under the articles of peting traveling groups. Mr. Keprios s their status should be a priority hey or are they not a priority two. Mr. Keprios pointed out that he was never approached on this issue until it was essentially too late. He indicated that he asked the two groups to discuss this and come to some sort of a compromise, which obviously did not happen. Mr. Keprios explained that if the ETBC would be content with having their program exist for one year only he would be fine with that, they could grandfather them in. He noted that they would be charged the $8.00 per head user fee which would provide them with fields with the understanding that it is a one year deal and next year it would be dissolved. Mr. Keprios stated that he doesn't think Edina wants or needs two baseball associations. Mr. Keprios indicated that is a compromise that the Park Board might want to look at. Ms. Wexler asked if the ETBC were granted this as a one year proposal what would happen to the 12 year olds next year to which Ms. Peterson replied that would be a little difficult to answer. She noted that it would depend on some other factors as well as if there is a viable traveling program that exists within the EBA. If there were a viable traveling program they would probably work back into that program. Ms. Peterson explained that this began as a transition for this age group, it was created out of a need. Ms. Sitek asked Ms. Peterson what was the void she referred to. Ms. Peterson replied that the void was specifically a traveling baseball program. The players in the traveling program last year were very hopeful to do it again this year. However, they were deeply disappointment by the decisions made by the EBA. The kids felt that they had no input on the matter. Ms. Peterson noted that the kids wanted to continue in the program that they were so successful in last year and it was their expectation they would continue in that program. Mr. Johnson asked the ETBC if a 10 or 11 year old hot shot player would be able to play on the 12 year-old team to which Ms. Peterson replied they would not preclude them but they would not encourage them. Mr. Grabiel asked if a 12 year old that's never played baseball before and doesn't have much skill would he be able to come to the ETBC and play ball. Ms. Peterson replied that the answer is not likely nor would he probably play in any other traveling baseball program. Ms. Peterson thanked the Park Board and commented that they are not asking the Park Board to bless their program, all they are asking for is to have some field use. They are willing to take second priority behind the EBA. She noted that she doesn't understand why this is such a big deal because they are all Edina kids just wanting to play Edina baseball. She noted that she also is troubled with the motivation of the EBA to do anything to try to impede their effort because it's stated in the Little League materials that their goal is to keep as many kids playing as possible in Edina. She noted that is their goal as well and she believes it should be the Park Board's goal also. In closing comments Mr. Nelson indicated that the ETBC is a renegade team that went to the state and received a formal charter to come to you as an association. He pointed out Ri that as a renegade team they would have no rights Mr. Nelson suggested to the Park Board that they group of parents in any sport do not like what an a state and form their own association and come to I He noted that's not a precedent that he thinks shoo different baseball associations. t as an athletic association they do. isider the precedent of saying if any ►ciation is doing they can go to the k Board and ask for equal standing. be started. Edina does not need 20 Mr. Keprios commented that he thinks it's in Edin 's best interest to have your organized sports run by one organization for each sport. If the traveling component spins off and becomes a traveling club, such as the Soccer Club, in his view it is still one organization they are dealing with. Mr. Keprios again pointed out that maybe a way to get through this is to make them an offer that they may or may not accept. Let the ETBC exist for one year with the agreement that at the end of one ear it will be dissolved. Mr. Klus commented that he thinks we have to be careful that we don't allow them to come back and do this again to which Mr. Keprios replied that next year you just say no. Mr. Keprios noted that the other thing the Park Board could do is tell them they are not a recognized organization and they are a priority seven and they need to pay fee of $38.00 an hour to rent a field. Ms. Presthus explained that what bothers her is the component except for this new 12 year old group. component for age 13 on up. However, what this problem with is there are two traveling programs, makes this different from soccer, basketball, etc. 1 what happened was there have been two different should be. Ms. Presthus indicated just because pe doesn't mean they can just go out and create their he sees the EBA as being sanctioned by the City o independent organization that is trying to qualify f out that they can argue the moral basis, however, t as stated in our written policy. Ms. Presthus states are setting a precedent and opening ourselves up t( own organization. Mr. Damman stated that he doesn't like the idea < same need, however, maybe we can grandfather t back with everyone else next year. He noted that precedent. Mr. Grabiel indicated that he thinks it's important association per sport where possible. He also poir guideline, in addition to all of the priorities, that a] opportunities to participate in any activity at what that the EBA does that. Mr. Grabiel stated that he near equal status because of that and therefore sho 6 t the EBA does have a traveling She noted that there is a traveling ,rganization is doing and that she has a wo conflicting organizations which Zr. Klus commented that he thinks ihilosophies on what traveling baseball )ple have different philosophies ►wn association. Mr. Weiss stated that 'Edina whereas the ETBC is an >r a priority two. Mr. Weiss pointed ley are in compliance with everything that the problem she sees is that we everyone who wants to form their having two organizations that fill the ;m in for one year and have them go e also has the same fear of setting a hat the Park Board recognize one ed out that there is a recommended boys and girls receive equal ver ability level they play. He noted loesn't think the ETBC is entitled to ild be a priority seven. Mr. Finsness commented that he doesn't think it's in the best interest of the city to have two competing organizations. It's confusing and would be difficult to manage. Ms. Grande stated that she thinks it will cause more problems if we allow this to happen for the future with other organizations. She noted that she would suggest that they let ETBC do this for one year but that it will end after one year. They ended last year's season with the assumption that they would be able to play this year so maybe they should be able to play one more year. Mr. Grabiel pointed out that they can still play this year. The issue is not whether or not they'll be able to play baseball. The issue is how does the ETBC interact and relate to the Park Board. Floyd Grabiel MOVED THAT THE PARK BOARD ADOPT JOHN KEPRIOS RECOMMENDATION THAT THE EDINA TRAVELING BASEBALL CLUB PRIORITY BE ESTABLISHED AS A PRIORITY SEVEN AND THE FEES BE CHARGED ACCORDINGLY. Ardis Wexler SECONDED THE MOTION. Mr. Johnson asked what does it mean to them to be a priority seven as opposed to a priority two, are they going to be that far down on the chain in getting fields. Mr. MacHolda indicated that even if the ETBC were a priority two he has already informed Ms. Peterson that he needs to schedule the EBA first to which he hasn't even begun to start that process. The EBA still needs to complete their registration and form their teams. However, if they fall to a priority seven, he doesn't know that there are going to be very many requests between a priority two and priority seven. Therefore, they would still probably be secondary. Mr. Klus asked how this would affect the practice times for the EBA teams. Where would that fit in? Mr. MacHolda replied that for the early season practices he has a set schedule. It's typically around the second week of May through the end of summer where coaches can call the Park office to schedule their own practices. Mr. Klus asked where would the ETBC fit into the priority two versus the priority seven. Mr. MacHolda replied that's a great question and noted if they were a priority seven he would have to make sure that the EBA has all of their requests in before it is opened up to a lower priority. Mr. Klus stated that there would have to be a time frame otherwise it wouldn't be fair to other groups, they could end up waiting all summer for field time. Mr. Finsness asked if something needed to be added to the motion stating that we even recognize the team. Mr. Johnson commented that he doesn't see anything they have done that would not qualify them as a priority two. Mr. Klus indicated that Mr. Grabiel did bring up the point that they need to be open to everyone and he feels they are not. Ms. Wexler asked if the maker of the motion would accept an amendment to change it to a priority two since there has been more discussion. Mr. Grabiel replied no, he wants to discourage people from starting their own teams for whatever reason in opposition to the established associations. 10 Mr. Keprios indicated that he didn't do a very good job in clearly stating that they will only recognize one group for each individual sport whether it be the traveling league component or house league component. Therefore, that part of the language will need to be cleared up. Secondly, we currently do not state in our policy who pays what so that also needs to be cleared up. Mr. Keprios noted that he will be coming forward with a recommendation at a future Park Board meeting to make those adjustments. Mr. Keprios suggested asking the ETBC if they were given an $8.00 a head opportunity with good field time on a one-year basis would they dissolve this organization after one season. Ms. Peterson replied that she would say that would be a strong possibility, however, she cannot speak for the board members who are not here but feels it's a strong possibility and a fair compromise. Ms. Presthus indicated that she doesn't see how we cannot give the ETBC a priority two based on the way it is currently written. She noted that she would like to see the motion defeated and make a new motion giving the ETBC a priority two and grandfather it in with the limitation of one year. Mr. Grabiel stated so every time a group splinters off and decides they want to do something we'll tell them they can do it for one year. Mr. Finsness replied that Mr. Keprios is going to rewrite the language so this will not happen again. Mr. Weiss commented that he thinks the ETBC has a fairly unique set of circumstances. MOTION CALLED. MOTION DEFEATED. Linda Presthus MOVED THAT WE GRANT THE EDINA TRAVELING BASEBALL CLUB A ONE-YEAR GRANDFATHER PRIORITY TWO STATUS UNDER THE RULES WE HAVE NOW, ONLY ONE YEAR BECAUSE THEY CURRENTLY MEET THE CRITERIA. THIS IS ONLY A ONE YEAR GRANT. Mike Weiss SECONDED THE MOTION. Mr. Keprios stated that if this motion passes it will be his intent to charge the ETBC $8.00 a head and treat them as a priority two team. Ms. Presthus asked if she could add that their priority two fall after the EBA to which it was noted that the ETBC has no objection to that. Mr. Klus asked if that includes practice times for all of the EBA age groups, and where does that fit in because that is also a big concern. Mr. Weiss stated that they are not creating additional teams to which Mr. Klus replied they are not creating additional teams but they are competing for additional times to practice. Mr. Keprios indicated that they will still consider the EBA a priority one status within the priority two category. GRANT THE EDINA BASEBALL TRAVELING CLUB A ONE-YEAR RECOGNITION UNDER PRIORITY TWO STATUS BECAUSE THEY MEET THE CRITERIA OF THE CURRENT POLICY; HOWEVER, WITH THE II UNDERSTANDING THAT OUR POLICY WILL REVISED THIS YEAR IN A MANNER THAT WILL NOT QUALIFY EBTC AS PRIORITY TWO STATUS NEXT YEAR. Mr. Grabiel asked to offer an amendment to that motion. It doesn't change the result of the motion but he would like to take out from the language "THEY MEET THE CRITERIA". He noted that he doesn't see any reason for them to concede that point, we made them priority two. Andy Finsness called the question. In favor: Andy Finsness, Mike Damman, Karla Sitek, Ardis Wexler, George Klus, Jeff Johnson, Linda Presthus, Allyson Grande, Mike Weiss Opposed: Floyd Grabiel MOTION CARRIED. VI. NEW PARK BOARD MEMBER MIKE WEISS Mr. Klus introduced new Park Board member Mike Weiss. He noted that Mr. Weiss has a strong interest in youth sports and feels he will be a great addition to the Park Board. Mr. Weiss informed that Park Board that he has served on the Edina Basketball Board and the Edina Football Board for a number of years. He indicated that he has an 11 year- old son and a 10 year-old daughter. VII. 24TH ANNUAL VOLUNTEER AWARDS RECEPTION — NOMINATION Mr. Keprios indicated that this is a wonderful way to recognize volunteers annually. He indicated that there are two ways you can do this. First, you can do it on your own as a Park Board and during the reception go up to the podium and present some recognition to a volunteer of your choice. Secondly, you can make a nomination to a volunteer to receive one of the Mayor's commendation awards. He noted that the Park Board can do one or both or choose to do nothing. It was noted that Mr. White has been a great leader on the Park Board for a long time and did a wonderful job. Mr. Keprios indicated that he would be happy to do all of the paper work. Mr. Klus stated that he would be glad to be one of the representatives there to present it to Mr. White and would welcome everyone to attend with him. VIII. 2003 MEETING DATES & PLACES Mr. Klus indicated that Mr. Keprios has proposed that all of the Park Board meetings in 2003 be held at City Hall. He noted that he does not like that recommendation and asked 12 the Park Board for their input. Mr. Klus also suggested that each month he give Park Board members an assignment to look at a certain park and report back at the meeting. He noted that there are a lot of parks out there that most of us don't know anything about. After some discussion it was decided that the Park Board meetings would all be held at City Hall. Ms. Wexler indicated that she does like that idea of possibly presenting two five minute reports at each Park Board meeting that would bring the board members up to date. Mr. Finsness commented that he also thinks that would work out well. IX. SKATE PARK Mr. Keprios handed out the final draft of the skate park agreement between the three cities and the YMCA. He noted that if you look at Exhibit C, the Ground Lease Agreement between the City of Edina and the YMCA, you have already endorsed this in concept. However, he needs the Park Board's final stamp of approval on the legal document. He explained that this document defines exactly the funding sources and commitments, as well as, donations that have been secured for the project. He noted that it will be on the agenda at next week's City Council meeting. Mr. Keprios commented that the YMCA will have to pay for any difference that goes above and beyond the budget. Mr. Keprios noted that there is another exhibit on the very last page that details out the cost and you will notice there is a $25,704 contingency which gives the YMCA a healthy cushion, and this gets us the skate park that you've already seen in the design concept stage and approved. Floyd Grabiel MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY APPROVE THE FINAL DRAFT SKATE PARK AGREEMENT AND GROUND LEASE AGREEMENT AS PROPOSED. Karla Sitek SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. X. OTHER A. Forestry Reports — Mr. Keprios handed out the year-end forestry report as well as a report on the number of trees taken down and trimmed in the last year. He noted that the Forestry Department has been a very busy, successful, and progressive department this past year. B. DNR Update — Mr. Keprios indicated that the Minnesota Department of Natural Resources continues to use Highland Lake as a Walleye rearing pond, which has'been very successful for the DNR. Mr. Keprios has recently granted the DNR permission to use the lake as a rearing pond for 2003. 13 C. Highlands Park — Mr. Keprios informed the Park Board that they will be replacing one of the wooden light poles at the hockey rink with a 75' metal pole with an antenna on top, which serves cellular phones. He explained that because of the way the federal law is written we must provide a site where there is dead coverage, and if we don't provide them with a suitable location of our choice, then they will come in and put it wherever they choose. Mr. Damman asked if the Park Department receives any money for this to which it was noted yes in that the revenues go into the general fund, which supports parks and recreation programs. Mr. Johnson asked if the pole could be put somewhere else that is maybe a little more remote. Mr. Keprios replied that, under the circumstances, we feel this is the best location for this area, which is better than allowing the cellular phone company the opportunity to place it wherever they wish. Mr. Klus asked what happens when a new park shelter is put in at Highlands Park and the old one is torn down. Mr. Keprios replied he has checked into that and the cellular phone company will have to pay for any of their expenses. D. All Presidents Meeting — Mr. Keprios informed the Park Board that they are going to have an all Presidents meeting on Thursday, March 27th, at 7:00 p.m. in the Council Chambers. He noted that they have a very interesting agenda and he thinks they will also discuss the formation of two associations. He indicated he will give them a heads up as to where the Park Board is headed on the issue. E. 7300 Bush Lake Road — Mr. Keprios informed the Park Board that some individuals have asked the City Council to purchase and renovate the 7300 West Bush Lake Road property. Their proposal asks the City to buy it and turn it into four gymnasiums and indoor soccer facility. Mr. Keprios indicated that they have hired a consultant to study it and he will give his report at next week's City Council meeting. Ms. Presthus asked who is presenting this proposal. Mr. Keprios replied that the proposal was been made by the Edina Basketball Association and Edina Soccer Club. He noted that the City Council has directed staff to study it and report back with what is it going to cost to buy it, renovate it and operate it. XI. ELECTION OF VICE -CHAIR Mr. Klus asked for nominations for Vice Chair of the Park Board. Floyd Grabiel NOMINATED ANDY FINSNESS. Mike Damman SECONDED. Linda Presthus NOMINATED ARDIS WEXLER Jeff Johnson SECONDED. Mr. Klus asked each candidate to give a speech indicating why they would like to be Vice Chair. Linda Sitek MOVED TO CLOSE NOMINATIONS. 14 Floyd Grabiel SECONDED THE MOTION. Ms. Wexler indicated that she has been on the Park Board a couple of years and has been a long time resident of Edina and very active in the community. She noted that she has been an active member of and at times president of the PTA/PTSO at the elementary school, middle school and high school where her kids have attended. She indicated that she has served on the Community Education Board and has also been an election judge for over 25 years. Mr. Finsness indicated that he has been an Edina resident for 12 years. He noted that he has a son who just graduated from high school, a daughter who is in special education in the 10' grade and a fourth grade daughter who attends the Normandale French Immersion School. He stated that he has been on the Park Board for five years and feels he has a good handle on what the issues are as well as some of the history behind them and feels he can offer some continuity and would love to serve as Vice Chair. Mr. Grabiel commented that both are quality candidates. Andy Finsness received the majority vote in a written ballot process. XII. ADJOURNMENT Linda Presthus MOVED TO ADJOURN THE MEETING AT 9:25 P.M. Jeff Johnson SECONDED THE MOTION. MEETING ADJOURNED. 15 • FOX MEADOW PARK This park was made possible in large part by: Jeffrey & Mary Werbalowsky The William D. Radichel Foundation Wayne & Tammy Mills With support from: Kurt & Laura Nisi Eugene & Mary Frey Brian Lawton & Family The Michaletz Family Peggy & Bruce Johnson Charlie & Kim Gits Kimberly & Tim J. Montgomery Carlson Companies, Inc. The Masuda Family Jill Woolsey Senser Family Frank & Toby Berman And additional donations from: Aaron Mowbray Family Norman & Edith Garmezy Karin Wentz & Mark Otness Craig & Ann Lagorio & Family The Paule Family Erik & Susan Lundquist & Family Paul & Lisa Hartwig Jeff & Ann Wessels The Balafas Family Cynthia McGarvey The Komarek Family Quality Seasons, Inc. FOX MEADOW PARK This park was made possible by generous donations from the following people. Platinum Sponsors Jeffrey & Mary Werbalowsky Wayne & Tammy Mills William D. Radichel Foundation Gold Sponsors Kurt & Laura Nisi Eugene & Mary Frey Brian Lawton & Family The Michaletz Family Silver Sponsors Peggy & Bruce Johnson Kimberly & Tim J. Montgomery The Masuda Family Senser Family Bronze Sponsors Charlie & Kim Gits Carlson Companies, Inc. Jill Woolsey Frank & Toby Berman The Aaron Mowbray Family Paul & Lisa Hartwig Norman & Edith Garmezy Jeff & Ann Wessels Karin Wentz & Mark Otness The Balafas Family Craig & Ann Lagorio & Family Cynthia McGarvey The Paule Family The Komarek Family Erik & Susan Lundquist & Family FOX MEADOW PARK DONATIONS LIST Want Recognition 1 Peter & Lisa Dahl $ 50 NO 2 Kristi & Robert Brandt $ 100 NO 3 The Komarek Family $ 100 YES 4 Erik & Susan Lundquist & Family $ 100 YES 5 The Paule Family $ 100 YES 6 Cynthia McGarvey $ 100 YES 7 Steven Gilmore $ 100 NO 8 Craig & Ann Lagorio & Family $ 100 YES 9 Norman & Edith Garmezy $ 100 YES 10 Michael & Louise Waddick $ 100 NO 11 Karin Wentz & Mark Otness $ 100 YES 12 Jeff & Ann Wessels $ 100 YES 13 The Balafas Family $ 100 YES 14 Paul & Lisa Hartwig $ 125 YES 15 The Aaron Mowbray Family $ 125 YES 16 Frank & Toby Berman $ 200 YES 17 Senser Family $ 250 YES 18 Jill Woolsey $ 250 YES 19 The Masuda Family $ 250 YES 20 Kevin & Pamela Smith $ 250 NO 21 Carlson Companies, Inc. $ 250 YES 22 Charlie & Kim Gits $ 500 YES 23 Kimberly & Tim J. Montgomery $ 500 YES 24 Peggy & Bruce Johnson $ 600 YES 25 Brian Lawton $ 1,000 YES 26 The Michaletz Family $ 1,000 YES 27 Kurt & Laura Nisi $ 1,000 YES 28 Eugene & Mary Frey $ 5,000 YES 29 Wayne & Tammy Mills $ 10,000 YES 30 William D. Radichel Foundation $ 16,000 YES 31 Jeffrey & Mary Werbalowsky $ 20,000 YES $ 58,550 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-$24,9.99 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. Request for Proposals Edinborough Park Playground General guidelines: It is the intent of the City of Edina to procure metal and plastic modular playground equipment for a new play area at the indoor Edinborough Park facility. The site for the proposed structure is a 44' x 44' open space with a ceiling height of 50'. It is the desire of the City of Edina to fill this space as completely as possible, within the confines of our budget. The current budget allotted for this project is $210,000. Ideally we would like to have all of our needs addressed for this amount, however, realizing that this may not be possible, we are asking that bidders submit a 2°a proposal assuming a budget of $250,000. Please see the playground specifications for more information. The City will also consider an add alternate proposal for the theming of the base play structure. The City will accept proposals for installations at a total price of $210,000 inclusive of all installation, warranties, delivery and taxes, plus additional proposals for installations at a total price of $250,000 inclusive of all installation, warranties, delivery and taxes. Proposers are free to submit proposals on either one, or both of these proposals. Proposals will be judged on the criteria noted in this RFP, and the contract awarded to the proposal deemed to be in the best interest of the City. By submitting a proposal pursuant to this RFP, each bidder is agreeing to this method and waives any objection to the procedure outlined in this request for proposals. A. CONTACT PERSON 1. All contact regarding this request for proposals should be directed to: John Keprios, Park & Recreation Director 4801 West 50, St. Edina, MN 55424 952-826-0430 B. GENERAL RFP INFORMATION 1. Reponses to the RFP requirements should be dated and each page numbered. Two (2) complete copies of each proposal, along with one (1) set of drawings for each proposal, shall be submitted to Edina Park & Recreation, 4801 West 50th Street, Edina, MN 55424, no later than April 9, 2003 at 1:00pm. 2. The City of Edina will formally open proposals at 1:OOpm on Wednesday, April 9, 2003 at the Edina City Hall. 3. All proposals shall clearly define who will be the contact person for the vendors firm, regarding the proposal. An address and telephone number must be supplied. 4. Respondents taking exception to any part or section of this RFP shall indicate such exception on a separate page of their proposal. Failure to indicate any exceptions shall be interpreted as the respondents' intent to fully comply with all RFP requirements as written. Explanation must be made for each item for which exception is taken, giving in detail the extent of the exception and the reason for which it is taken, in order for consideration to be given to the respondent. C. PROPOSAL OUTLINE All proposals should include the following: 1. Local contact name and telephone number. 2. Executive summary of the proposal. 3. Description of product features including a detailed listing of all play elements and major components. 4. Installation schedule including a project completion date. 5. Description of warranty and service (must meet warranty requirement in playground specifications). 6. All-inclusive price of proposals A and/or B. D. METHOD OF AWARD The City of Edina reserves the right to reject all proposals or to award the contract that, in the City's sole discretion, it deems to be in the best interests of the City. The award of the contract will be based on an analysis of the following criteria: Specifications — 35 points Proposer has followed playground specifications, including cost, play elements, noted features and warranty requirements. Design and Quality — 50 points The quality of the product with the proposed design has addressed the City's needs, whether stated or previously unknown, including the use of the space, size of structure, aesthetics, capacity, number of play elements, age appropriate activities, play value, maintenance of structure, and ease of supervision. ualit — 15 points Quality of products and the availability of service. E. STARTING/COMPLETION DATE & WORK HOURS The site will be made available for the start of installation on June 2, 2003. All work under the contract should be completed by August 22, 2003. All installation work would be required to be done during the hours of 8:OOam and 5:OOpm Monday through Friday. Work hours outside these times must be approved through Edinborough Park management. 0 F. STATUS OF INDEPENDENT CONTRACTOR Contractor is and at all times shall be an independent Contractor supplying the services herein mentioned. Contractor is not an agent of the City and is not entitled to the benefits provided by the City to its employees. City shall have no responsibility with respect to withholding any taxes or any acquisition of health, unemployment or any other insurance with respect to the Contractor or the Contractor's employees. Contractor specifically warrants and represents that all such items are his/her responsibility as an independent Contractor rendering services herein. In the event of vandalism or destruction during contract implementation, the City shall not be responsible for any of the Contractor's supplies or equipment. G. INDEMNITY, INSURANCE AND BONDING Before starting and until acceptance of the work by the City, the Contractor shall procure and maintain insurance of the types and to the limits specified below: 1. Workers' Compensation - The Contractor shall provide a certificate of statutory workers' compensation insurance covering all employees working on the project. 2. Liability Insurance - The Contractor shall provide a certificate of liability insurance coverage for property damage and personal injury with combined limits of at least of at least $1,000,000.00 per occurrence. The City shall be named as an additional insured and the certificate shall state that the policy of insurance will remain in full force and effect through the period of construction and until final acceptance of the project by the City. The contractor further agrees to defend and hold the City harmless from any and all claims for property damage, personal injury, or death arising out of the project prior to final acceptance of the project by the City. 3. Performance and Payment Bond- Before starting the work, the Contractor shall provide a performance bond and a payment bond in a form satisfactory to the City, each in the amount of the contract. H. GENERAL PROVISIONS Contractor understands and agrees that failure to comply with any or all of the provisions of the Contract shall constitute an event of default of the Contract. The default shall exist at the time of the failure to comply with the provisions of the contract, whether or not either party has notice. The City of Edina, in addition to other legal remedies available, may, at the City's discretion, elect to impose any single remedy or penalty, or combination of remedies • as specified elsewhere in the contract. 2. In the event that provisions set forth in this section conflict with any other provisions set forth elsewhere in this proposal, it is agreed by all parties that the provision which is more strictly in favor of the City shall be the contracting provision. 3. The Contractor shall do the following: a. Review all proposal specifications and familiarize himself/herself with the requirements of the RFP. b. Provide contact person for the City of Edina, after the award of the contract to the successful contractor. Schedule the delivery, and keep the City informed at all times of the delivery schedule of all equipment pertaining to this system. d. Provide to the City all installation documentation, and as - built documentation. e. Inventory all equipment for this system, with a City Representative. f. Perform or coordinate with the City all training requirements as described within this specification. g. Make available to the City until final acceptance of the system. The resolution of all punch list items is the sole responsibility of the vendor prior to final acceptance of the system. h. Aid the City in performing an audit of the system installation to ensure that the installation has been installed to the highest standards. J. ON SITE INSPECTION The location for the proposed play structure is at Edinborough Park, 7700 York Avenue South, Edina MN 55345. The site is a 44' x 44' open space area with a ceiling height in excess of 50'. Floor area is concrete. Proposers are encouraged to visit the site to acclimate themselves to any and all conditions that must be addressed in the design process. They will also satisfy themselves as to the conditions under which they will be obliged to perform the contract, if selected. Furthermore, all proposers must specify in their proposal any environmental conditions, space requirements, electrical power or other needs that effect the proposed system installation. It must be understood by the respondent that all systems and equipment must be designed to fit within the general limits of physical areas of the proposed site. Any additional requirements deemed necessary by the vendor must be so noted in the proposal. To schedule a site visit or to go over specifics of the desired play structure, please contact: Ann Kattreh, Assistant Park Manager 832- 6782, or Tom Shirley, Park Manager 832-6788. K. LIQUIDATED DAMAGES The Contractor shall be liable for liquidated damages for failure to complete the project by the completion date, in the amount of $100.00 per calendar day. In the event that the cause for non -completion is the fault of the City or another site contractor in the employ of the City, or uncontrollable natural occurrences, the City shall waive liquidated damages. The liquidated damages will not start without written notice. L. PLAYGROUND EQUIPMENT INSTALLATION General: a. All products identified in the proposal shall conform to the ASTM Standard Safety Performance Specification for Soft Contained Play Equipment F1918-98. b. Additional play -structure, playground equipment, or site amenities may be included in the proposal at the option of the contractor. The City of Edina has set a budgetary limitation on the proposed playground. Accordingly, proposers shall submit their proposals to comply with this requirement. 2. Description and related documents: Drawings and general provisions of the project, including general and supplementary conditions and specifications of the design -build project should be submitted. 3. ADA Specifications: Proposers should clearly note their . recommended location for these items. 4. Delivery, Storage and Handling: Deliver and store materials and components so they will not be damaged. 5. Owners Manuals a. Include one (1) complete technical/maintenance manual. b. Include one (1) complete parts manual. 6. Completion Date: The playground must be usable, with the exception of flooring, by August 22, 2003, unless the cause for non -completion is the fault of the City or another site contractor in the employ of the City, or uncontrollable natural occurrences. We appreciate the time you have spent reviewing this proposal and trust you will call if we can clarify any items. Thank you. • EDINBOROUGH PARK PLAYGROUND SPECIFICATIONS — PLAN A • Total cost of playground components, inclusive of all installation, warranties, delivery and taxes, shall be $210,000. • Play structure must fit into a footprint of 40' x 40'. • Maximum allowable height of structure is 40'. • Structure must meet all applicable ASTM standards for accessibility and safety. • 36" tube system for slides and crawls. • Tuffcoat foam throughout. • No -climb netting throughout. No -climb netting defined as black 1" square nylon net; twine sizel/8"; water based urethane coating; mesh strength 3751bs. • Safety pullties in all accessible areas. • Minimum of 30 play events to include: one 3 -level triple wave slide, one 4 level spiral slide, one 3 level spiral slide, one hump slide, one trolley glide, and one 8' suspension bridge. • Play structure must have a minimum 1 year warranty on all upholstered or vinyl covered items, and a minimum of 5 year warranty on all plastic items. To assist you in the design process, the following points are to be considered: • No ball pits should be included in this structure. • Preferred colors for structure components are green, blue and tan. Limited use of other colors is acceptable, but we would like the structure to blend into the park environment as much as possible • The structure should take advantage of the available vertical space as much as possible. We would like to have a structure that is 30'-35' tall, with a top accessible play area of at least 40 sq. ft. • Lowest level of the structure should have a ceiling height of at least 6' and have play elements geared toward toddlers and preschoolers. • Any part of the south side of a proposed structure, higher than 10' from the floor, must be offset a minimum of 5' to avoid conflicts with a second floor walkway. • All flooring will be provided by the City of Edina. ALTERNATE Al: Add minor theming to structure in plan "A", at an additional cost of $20,000. Theme should be based on realistic looking trees, plants and/or rockscapes. General goal of theming is to break up the "boxiness" of the structure, while adding some interest. Please provide general concept drawings. ALTERNATE PLAYGROUND PLAN B: All specifications noted for Plan A apply, except as noted below: • Total cost of playground components, inclusive of all installation, warranties, delivery and taxes shall be $250,000. Minutes/Edina City Council/March 18, 2003 budget for all bid categories was under budget by approximately $300,000 after all alternates were selected. Mr. Anderson stated that staff recommended the second lowest bid (Steinbrecher Painting) for the painting. He added the low bidder (Wasche Commercial) worked on the Vernon Avenue Liquor remodel and did not perform. Mr. Anderson stated that Kellington, the general contractor removed Wasche Commercial from the job adding that based upon this experience, our Construction Manager would not recommend Wasche. Member Housh asked what process was followed when a low bid was rejected. Attorney Gilligan said the bid could then be awarded to the 'lowest responsible bidder' because of direct experience with the vendor. Member Masica inquired whether reference checks were completed prior to the awarding of the bid for the liquor store. Mr. Anderson explained that Wasche was a sub -contractor of Kellington Construction Company. Kellington would have been awarded the bid and done the reference checks. Member Masica asked if it was possible that Wasche had bid low to make amends with the City. Mr. Anderson said upon contacting Wasche because of their very low bid, that the problem was not the City's but Kellingtons. Mr. Anderson commented that re -bidding was considered, however, the other bids were very close. Mayor Maetzold called for public comments. None were forthcoming. Member Hovland made a motion for award of bid for City Hall/Police Facility painting to recommended second low bidder, Steinbrecher Painting at $155,900.00 and for award of bid for the elevator for City Hall/Police Facility to recommended low bidder, Schindler Elevator at $51,555.00. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. *NPDES PHASE II PERMIT UPDATE PRESENTED Member Housh made a motion, seconded by Member Hovland approving submission of the application of the Industrial Discharge Permit to the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Pollution Prevention Program (SWPPP) as presented and on file in the Office of the City Engineer. Motion carried on rollcall vote - five ayes. KATE PARK AGREEMENTS APPROVED Director Keprios stated the Park Board at their March 11, 2003, meeting, unanimously recommended approval of the Tri-City/YMCA Skate Park Agreement and the Ground Lease Agreement. He explained two years ago, the Park Board approved the concept of the Park as a joint undertaking between Edina, Bloomington, Richfield and the YMCA of metropolitan Minneapolis, noting that Attorney Gilligan has drawn up two agreements formalizing the agreement. Mr. Keprios said the Council had approved $80,000 in the Capital Improvement Plan (CIP) for development of the Skate Park. Construction of the Park will be a joint effort between Edina, Bloomington, Richfield, and the YMCA of metropolitan Minneapolis. He stated the in - Page 6 Minutes/Edina City Council/March 18, 2003 ground concrete bowl design was chosen to serve skateboarders, in-line skaters and trick bike enthusiasts. Mr. Keprios added the Park would be jointly funded by the four organizations, plus donations; however, the YMCA will be responsible for constructing and operating the facility. He noted Mankato, Minn. has a similar concept park that has been very successful. A professional skate park designer has been enlisted to design the Tri- City/YMCA Skate Park. Mr. Keprios shared with the Council the funding sources for the Skate Park as follows: Donations $ 36,250 City of Bloomington 120,000 City of Edina 80,000 City of Richfield 80,000 YMCA 35,000 TOTAL FUNDS $ 351,250 Mr. Keprios reported that Bloomington voted to increase their contribution because the Cities of Edina and Richfield were responsible for raising the donations.. He said the City of Edina owns the property, consisting of 25,000 square feet of Yorktown Park, generally located behind the new Edina Fire Department on York Avenue next to the Southdale YMCA. He explained the Ground Lease would lease the property from Edina to the YMCA for 15 years for $1.00, however, the City of Edina would continue to own the property even if the Skate Park was eliminated. Member Housh commended Mr. Keprios for sticking with this project and buying into the dream of a few youths who brought the idea up a few years ago. Member Masica asked if the different bowl levels represent levels of expertise. Mr. Keprios said yes all levels of expertise were represented and include a streetscape design theme. Member Masica asked how levels were separated and the hours of operation. Mr. Keprios said the park will be supervised but was mainly self -policed and patrons of the park will be required to wear protective gear. The park was not lit so hours of operation would be during mild weather during daylight hours. Member Masica asked who provided the estimated cost of construction. Mr. Keprios responded both Kraus/Anderson and Architect Stefan Helgeson and Associates have submitted estimates as well as the design/build firm from Colorado, Grindline. Member Hovland inquired whether this plan was smaller than the original plan. Mr. Keprios said yes it was somewhat smaller but has three bowls. Member Hovland asked if the building as pictured was included in the cost. Mr. Keprios said the Y was responsible for the completion of the rental and ticket building. Member Hovland asked how we could be assured we get what we paid for. Mr. Keprios again said it was a design/build contract between the YMCA and the builder. Member Kelly added the issue with design/ build was that specifications were usually vague. He asked if more detailed specifications would be coming. Mr. Keprios said the person who Page 7 Minutes/Edina City Council/March 18, 2003 did the design has skate parks all over the world. He said he would acquire more specific plans as soon as possible. Member Hovland commented that the "Y" would manage the park on a break-even basis. He questioned if consideration had been given if the "Y" decided they didn't want to continue to manage the park after a few years and wanted to get out of the agreement. Mr. Keprios said if the "Y" walks away from the park and since the land was the City of Edina s, he believed the City could operate the park. He stated his comfort with the agreement and commented that a park similar to the one proposed has been well operated since 1996 in Mankato. Member Kelly said he was familiar with the park in Mankato and it was very low maintenance and seemed to operate very well. Mr. Keprios said this would be the very first in -ground bowl type skate park in Minnesota. Member Hovland asked about the release of funds to the "Y" for construction. Mr. Keprios explained the "Y" would start construction when the funds were in place. The "Y" would be responsible, .if construction of the park would go over budget. Member Masica asked if the park were to become the City's, would profits need to be shared with the other cities. Mr. Gilligan explained the agreement stated that ...'three cities would negotiate a cooperative operation skate park'. Barbara Griffiths, 5844 Creek Valley Road, asked how the area would be secured at night and how would the concrete be maintained. Mr. Keprios explained the park's perimeter would be secured with a six-foot fence with berming and some soil corrections. He added his confidence that the civil engineer for the project would ensure the concrete was able to withstand Minnesota weather. Member Hovland made a motion approving the final draft of the Tri -City YMCA Skate Park Agreement and the Ground Lease Agreement as presented. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. FACILITY AT 7300 BUSH LAKE ROAD INDEPENDENT STUDY K=OULl, PRESENTED; PARK BOARD TO COMPLETE NEEDS ASSESSMENT Mr. Keprios indicated the property at 7300 Bush Lake Road had deed restrictions that were put in place by the Northwest Health Club. They imposed the restrictions to alleviate competition with close proximity clubs. The restrictions would not allow any gymnasiums, fitness centers, recreation centers, etc. The ability to market the facility was limited to revenue producing activities. If relief cannot be received, going forward on the project would be extremely difficult. Mr. Gilligan added the Restrictions run for ten years (2002-2012) and would prevent use of the facility for gymnasiums. If the Restrictions could not be negotiated, the City, with eminent domain power, could condemn the Restriction. He added this would be very unusual. Page 8 Minutes/Edina City Council/March 18, 2003 Member Kelly informed the Council he formerly was the attorney for Northwest Athletic Clubs. He attempted to reach an accommodation on the deed restrictions with Northwest and eventually the management of Northwest Athletic said they were unwilling to remove any of the deed restrictions. Member Housh asked for more information on the condemnation process. Mr. Gilligan said trying to value a deed restriction would be problematic. He elaborated that three commissioners would be appointed to hear the case. Since the building would be for public use, it would be unlikely to get a public purpose challenge. Member Kelly said Northwest removed the facility from their chain to make their other updated facilities more successful. Mr. Hughes explained Jay Pomeroy from Anderson -Johnson Associates and Gregory. Dehler of Wold Associates, has evaluated the building and completed some cost estimates and were present to answer questions.. Mr. Dehler indicated two options were requested with the renovation; Option 1) two basketball courts and a soccer turf area; Option 2) four basketball courts and a soccer turf area. In both options, the basketball courts called for wood floors. Option #2 would require the addition of more indoor building space to accommodate two more gymnasiums. The soccer turf area would be for indoor soccer practice. One concern was the building has no handicap accessibility. In order to enter the building, chair lifts would need to be installed, as the field was lower than the entrance. He added no plans for renovation of the locker room areas has been completed. On both scenarios the locker rooms would be eliminated and toilet facilities provided on the main level. A request did come forward from the committee to expand the building and re -orient the basketball court area. The indoor soccer area could then be located towards the north. The primary use of the upper level would be for meeting rooms and mechanical with elevator access. Costs would include air-conditioning and insulation. Costs would be as follows: Option 1: $2,260,000 (project cost) Option 2: (expansion scenario) $3,670,000 Mr. Pomeroy said the building was located in the industrial park with 60-70 parking spaces. If the building were enlarged, 100 spaces would be needed. Importantly, if the building were expanded, the soccer field would be approximately' 70 x 35 yards. In Option 1, the field would be smaller and good for youth soccer but not for tournaments. Member Masica asked if a full-sized soccer field could be economically added into the plan along with basketball courts. Mr. Pomeroy said some land, owned by the railroad, and adjacent to the site could be a possibility. To be able to create a full-sized soccer field, the existing building would need to be razed. Member Masica asked if the land was short on length or width. Mr. Pomeroy said both. A desirable length would be 100 yards by 70 yards. Member Housh commented that the most expensive part of the proposal would be the basketball courts. Could the deed restrictions be worked with if the facility were for soccer. Page 9 Minutes/Edina City Council/March 18, 2003 Mr. Pomeroy said if it became only a soccer facility, the roof, access and insulation would need to still be completed. Member Housh said he continues to get feedback about the issues the Blue Ribbon Committee noted a few years ago. He suggested gaining a collective energy to see these needs were met. Member Hovland said paying $1.7 million for a building, renovating it and paying for its operation was ominous. He questioned what the bubble over Kuhlman Field was estimated to cost. Mr. Keprios responded the total cost was approximately $2,000,000; turf costs at $900,000 and $1,000,000 for the dome. Member Kelly asked for information on privately owned soccer facilities. Assistant Park Director MacHolda said facilities he was aware of that were both school/city owned and private are, Holy Angels, Augsburg, Eden Prairie, Plymouth Creek, Maplewood Blast, and Corner Kick. He responded to a question about the minimum width of a regulation soccer field that was 50 yards and minimum length was 100 yards. Maximum size 130. yards in length and 100 yards in width. In response to another question about the facility being dedicated to soccer only, the cost for the Braemar Arena soccer site was $2.6 million for artificial turf and the bubble and would not be of regulation size because of fire restrictions requiring a fire lane around the surface. Member Housh commented the public reacted negatively to the idea of a bubble at Kuhlman Field while this location was in a commercial area. He said he believes a soccer use of the building would honor the deed restriction. He said he was aware that Edina was very behind in facilities like this compared to other communities. Member Masica asked if the "L-shaped" structure could be reoriented and made into a rectangle shaped building. Mr. Dehler said the building was constructed of concrete block and every 25 feet there was a rigid frame and does not lend itself to expansion. Member Masica asked it would be more economical to raze the structure. Mr. Dehler indicted if one building were desired, that would be more economical. Mayor Maetzold asked for more information about the deed restriction, as it pertains to field sports. Attorney Gilligan stated that discussions would need to be held with Northwest to clarify that field sports would be acceptable. Member Kelly said if the structure were eliminated, would a bubble be cheaper. Mr. Dehler said a bubble would cost $1.1 million plus $600,000 $900,000 for turf, demolition costs and acquisition costs. Mr. Keprios summarized the revenue/expense scenario for option #2 for the proposed facility: Revenue Summary: Artificial Turf Field Area $100,000 Four Basketball Courts 55,000 TOTAL $155,000 Expense Summary: Page 10 Minutes/Edina City Council/March 18, 2003 Labor $185,000 Maintenance, Insurance, etc. 44,000 Utilities (heat/light/power) 90,000 TOTAL $319,000 Approximately $5 per square foot, includes ALL expenses Revenue vs. Expenses: Revenues $155,000 Expenses (319,000) APPROXIMATE COST PER YEAR SUBSIDY ($164,000). Mr. Keprios showed graphic depictions of five gym facilities located at the Kennedy Activities Center and the Jefferson Activities Center. Member Hovland asked if Bloomington was subsidizing the Centers. Mr. Keprios said yes; however their budget does not include heat, light, power, plowing, maintenance, landscaping or routine janitorial services. The subsidy was significant. Mr. Hughes explained the Legislative Session was half over and issues on city finances change almost daily. Lease revenue bonds could be used for acquisition and renovation, however, the key to that type of debt was the debt service on those bonds would have to be repaid outside of normal levy limits. They would be levied against properties in the City. Two bills in the Legislature currently would impact our ability to do that. Both bills do not restrict the City's ability to issue bonds but both restrict the City's ability to re -pay the bonds. Both bills would require the City to absorb the debt service for the bonds within its normal City levy. Mr. Hughes noted that the budget loss at present was at $625,000 due to loss of state aids. A risk would be great at this juncture in not knowing what the end result was with the state. One bill has a window for debt issued before March 31St being exempt from requirements and the other has an April 30th date meaning contracts must be in place to beat the legislation. While contracts may be in place to acquire the facility to meet the dates, it would be difficult to have contracts in place to renovate the facility. Mr. Hughes said the operating costs were also an issue. Taking on another operating burden could result in reductions in other areas. Mayor Maetzold asked about the possibility of a referendum. Mr. Hughes said referendum was always the possibility. He noted that as a part of the aforementioned bills, there was a reverse referendum, whereby if 5% of the voters petition, another referendum question could be back on the ballot that would either restrict or eliminate new levies to pay for debt. He said voters could petition for another election annually until they got what they wanted. Mr. Gilligan said with the degree of uncertainty there was a question with marketability of a lease revenue bond. Mr. Hughes explained the lease revenue bonds were not general obligation and were called annual appropriation bonds. The Council each year has to appropriate monies to pay for the bond. Mayor Maetzold stated the principle challenge was financing the acquisition and with operating expenses. Page 11 Minutes/Edina City Council/March 18,200 Member Housh said that by the end of the session we would know better our future financially. He stated it was clear to him that people wanted these facilities constructed somewhere and the sooner the better. He suggested sending the issue back to the Park Board for their immediate attention to prioritize the projects. Member Kelly asked how long has it been since the basketball study was done. Mr. MacHolda answered the study was done around 1996. Member Kelly called this a neglected priority and suggested staff needs to either consider recommending a new referendum or find a way to make this work. Member Masica recollected during discussions about the soccer dome with the Blue Ribbon Committee the recapture of investment and the ability to reach profitability was quick. Mr. Keprios said what he recalled was in the first year the bubble would have been break-even financially. Member Masica said if it would take a year to break even on the Kuhlman Field bubble would the break even be three years on this proposal. Mr. Hughes responded that it would take twenty years to pay off its bond debt. Member Housh said priorities needed to be discussed and considered. He said things done in the past should be re-examined. He asked if current facilities were being utilized and if monies were being spent in the right way or should a venture like this be attempted even if it does not cover the debt service and operating costs. Member Hovland said all involved worked hard on the referendum. As a follow up to the failed referendum, it was suggested the Park Board wait until 2004 to again review the facility needs' issue. He was in favor of requesting the Park Board to look at this matter prior to 2004 but advised cautiously going forward in light of the legislation that could affect the City from a fiscal standpoint. 10 Mr. Hughes indicated that the issue should go back to the Park Board to proceed with an evaluation of needs assessment for an indoor soccer facility and gymnasiums within the next three or four months and to coincide with the end of the Legislative Session. Correspondence was received from Charlie Gits, President of the Edina Soccer Club supporting the purchase of the Midwest Tennis Facility. A petition with 120 names was attached. Mr. Dick Ward thanked the Council for their consideration and good discussion of the proposal. Member Housh made a motion to direct the Park Board to complete a needs assessment for all recreation facilities for indoor field sports and gymnasiums and realistic options for consideration and to come back before the Council in three to four months with the study. Member Kelly seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. 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G O 0 yN (D cO b z 0 0 0 N 69 r- d d z E O O U U 1-0 to ao Cd 0 cd C 0 .b Cd -0 0 0 z 0 0 0 N 69 Ui a� r� G y C O b N O b Cd Cd W a� W Cd O N C1 U 0 O of cO C cd G 0 z 0 0 0 0 Cl O 0 0 0 0 z O O O O 1�O 69 N O O O Vl vi Cd E In 0 O O O 0 69 0 O O h 6r9 E Ed i! z z b W T a as c 0 b Cd U z O O O M 601) O O O O O 69 _FA O O O N 6fi co 4) Cd OA C CS .b O 3 N N U Y bq L" 'x b 0 E 0 MM O O O O 69 M Zo E 7M 4 z z 0 O O O M ca 6A N C- O Y U b G N T � o O � C C � O U vi � O id O O O E U O b � o � Cd L o OA U a :.c �. Cf O C Q V I y N b � U O � 3 v cd � U C N . CKS� m� C to Cd L E U cd Y N E E 0.0 CS C C w CL Cd O _E _a C 4] O 13 O N d C � Cd OCA U � L E U OC V 4. Cl O y �b Z c N b O W 0 o O o o O O O O O O O h 69 69 69 6A N N Ncl N cl w CCI SG O 3 4) s U CS C� aU+ Ql C � cd a G o o N s U a� h o 0 U L V) F O O O U U y O w > N U 43 v C O b E C N 0 O O U CCd co U W b 0 0 0 0 s U Cd N (U cd N C Cd `� O E L 45 O R O H ULii y U L Y 0 O U C1 -0 4U OEO O 0 > A rCCn LO G y U L Y O N �i L n Cn a CUii U U w b O O O O N 0 0 aEi 0 Cd C O O O O N .x o x z z z z°: N b O W r Cl 0 C 0 69 E 0 0 0 0 InIn x ca an c •C C V C m 00 3 a� tA G Y r- 0 0 00 0 O 69 w 3 N U clia N x E b C E W C4 b G x SII cu a'G•� N b OA 3 z s Iw, 0 Cl 0 0 O 69 cV 0 O C 0 O O 69 E 7 N M ca a. Traveling Baseball Field Request Date: March 7, 2003 To: Ed MacHolda cc: John Keprios RE: 2003 Edina Traveling Baseball Club Field Request Per the Outdoor Athletic Facilities Guidelines adopted by the Park Board in 2001, we submit our request for baseball field usage as an Edina Youth Non -Profit Priority #2 Organization. We hereby attest that we comply with all guidelines as described. To date, we have 29 registered athletes from which we will field two teams. We would like to utilize the intermediate size fields (75' bases). The 3 fields that meet these criteria are Cornelia School, Countryside, and Courtney #2. These fields should be less in demand as the EBA Little League program uses the smaller 60' fields. The EBA will want to use them for their estimated two 13 -year old traveling teams and their estimated six 13 -year old house teams. Field Request Practices: 1) Every Monday & Wednesday from April 14 to July 23 (weather permitting) at either Cornelia School or Countryside. We are happy to accept 2nd choice behind EBA's 13 -yr old Traveling teams (please note that the EBA 13 -yr old house teams are scheduled on Monday & Wednesday with games at Courtney). 2) Every Tuesday from April 22 to July 22 on any open field, any field size. We will accept 90' fields that are rarely used. Games/Scrimmages: 1) One two hour game every Thursday night on either Courtney 2 or 3. Thank you for your consideration. D ARTICLES OF INCORPORATION OF EDINA TRAVELING BASEBALL CLUB The undersigned incorporators are individuals 18 years of age or older and adopt the following articles of incorporation to form a nonprofit corporation (Chapter 317A). ARTICLE I — NAME The name of this corporation shall be Edina Traveling Baseball Club. ARTICLE II — REGISTERED OFFICE ADDRESS The place in Minnesota where the principal office of the corporation is to be located at Edina City Hall, 4801 W. 50`h Street, Edina, MN 55424 ARTICLE III — PURPOSE This corporation is organized and shall be operated to educate, promote and stimulate interest in the game of baseball for players under seventeen (17) years of age in the city of Edina. This corporation may receive and disburse funds or other property necessary for the accomplishment of the aforesaid purposes. The purpose of this corporation is: to promote recreation and sport within the community to foster national baseball competition and to develop amateur youth athletes for that competition. This corporation is organized exclusively for amateur athletics purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. ARTICLE IV — EXEMPTION REQUIREMENTS At all times the following shall operate as conditions restricting the operations and activities of the corporation: 1. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof. 2. No substantial part of the activities of the corporation shall constitute the carrying on of propaganda or otherwise attempting to influence legislation, or any initiative or referendum before the public, and the corporation shall not participate in, or intervene in (including by publication or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. 3. Notwithstanding any other provisions of this document, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future tax code, or by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future tax code. ARTICLE V — MEMBERSIUPBOARD OF DIRECTORS This corporation shall not have members with voting rights. The management of the affairs of the corporation shall be vested in a board of directors, as defined by the corporation's bylaws. No director shall have any right, title, or interest in or to any property of the corporation. The number of directors constituting the initial board of directors is four (4); their names and addresses are as follows: Kathryn Peterson, 4303 Country Club Rd., Edina, Minnesota, 55424 Robert Rauch, 6805 Cheyenne Trail, Edina, Minnesota, 55436 Michael Masterman, 4808 West 60'h Street, Edina, Minnesota 55424 Brad Baker, 5036 Bruce Place, Edina, Minnesota 55424 Members of the initial board of directors shall serve until the first annual meeting, at which their successors will be duly elected and qualified, or removed as provided in the bylaws. ARTICLE VI — PERSONAL LIABILITY No member, officer, or director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officers, or directors be subject to the payment of the debts or obligations of this corporation. ARTICLE VII - DURATION/DISSOLUTION The duration of the corporate existence shall be perpetual until dissolution. Upon the dissolution of the organization, assets of the corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. ARTICLE VIII - INCORPORATORS In witness whereof, we, the undersigned, have hereunto subscribed our names for the purpose of forming the corporation under the laws of the State of Minnesota and certify we executed these Articles of Incorporation this January 6 of 2003. Signature (Kathryn Peterson, 4303 Country Club Rd., Edina, Minnesota, 55424) Signature (Robert Ruch, 6805 Cheyenne Trail, Edina, Minnesota, 55436) , 4808 West 60"' Street, Edina, Minnesota 55424) Signature (Brad Baker, 5036 Bruce Place, Edina, Minnesota 55424) 4 BYLAWS OF EDINA TRAVELING BASEBALL CLUB ARTICLE I — NAME AND PURPOSE Section I — Name: The name of the corporation shall be Edina Traveling Baseball Club. It shall be a nonprofit organization incorporated under the laws of the State of Minnesota Section 2 — Purpose: Edina Traveling Baseball Club is organized exclusively for amateur athletics purposes. This corporation is organized and shall be operated to educate, promote and stimulate interest in the game of baseball for players under seventeen (17) years of age living in the City of Edina or attending a school within the City of Edina. This corporation may receive and disburse funds or other property necessary for the accomplishment of the aforesaid purposes. The purpose of this corporation is to promote recreation and sport within the community. The Edina Traveling Baseball Club is dedicated to promoting an environment that maximizes participation and improves players' skills while developing sportsmanship, teamwork, and self- confidence. the growth of the youth of Edina through traveling baseball. Our programs will stress skill development and allow members to compete at the highest competitive level commensurate with their ability. ARTICLE II — MEMBERSHIP Section 1— Membership: The corporation shall have no members. ARTICLE III — BOARD OF DIRECTORS Section 1— Board role, size, and compensation: The board is responsible for overall policy and direction of the Club, and delegates responsibility of day-to-day operations to the staff and committees. The board shall have up to 10, but not fewer than 4 members. The board receives no compensation other than reimbursement for reasonable expenses. Section 2 — Terms: All board members shall serve a one year term, but are eligible for re-election for up to four consecutive terms. Section 3 — Meetings and notice: The board shall meet at least quarterly, at an agreed upon time and place. An official board meeting requires that each board member have written notice at least one week in advance. Section 4 — Board elections: During the last quarter of each fiscal year of the corporation, the board of directors shall elect Directors to replace those whose terms will expire at the end of the fiscal year. This election shall take place during a regular meeting of the directors, called in accordance with the provisions of these bylaws. Section S— Election procedures: New directors shall be elected by a majority of directors present at such a meeting, provided there is a quorum present. Directors so elected shall serve a term beginning on the first day of the next fiscal year. 4 Section 6— Quorum: A quorum must be attended by at least forty percent of board members for business transactions to take place and motions to pass. Section 7— Officers and Duties: There shall be four officers of the board, consisting of a president, vice-president, secretary and treasurer. Their duties are as follows: The president shall convene regularly scheduled board meetings, shall preside or arrange for other members of the Executive Committee to preside at each meeting in the following order: vice-president, secretary, treasurer. The vice-president(s) shall chair committees on special subjects as designated by the board. The secretary shall be responsible for keeping records of board actions, including overseeing the taking of minutes at all board meetings, and assuring that corporate records are maintained. The treasurer shall make a report at each board meeting. The treasurer shall chair the finance committee, assist in the preparation of the budget, help develop fundraising plans, and make financial information available to board members and the public. Section 8— Vacancies: When a vacancy on the board exists mid-term, the secretary must receive nominations for new members from present board members two weeks in advance of a board meeting. These nominations shall be presented to board members at the next regular board, to be voted upon at the next board meeting. These vacancies will be filled only to the end of the particular board member's term. Section 9 — Resignation, termination, and absences: Resignation from the board must be in writing and received by the secretary. A board member may be terminated from the board due to excess absences, more than four unexcused absences from board meetings in a year. A board member may be removed for other reasons at any time, with or without cause, by a three-fourths vote of the remaining directors. Section 10— Special meetings: Special meetings of the board shall be called upon the request of the president, or one-third of the board. Notices of special meetings shall be sent out to each board member at least a week in advance. ARTICLE IV — COMMITTEES Section 1— Committee formation: The board may create committees as needed, such as fundraising, equipment, tournaments, etc. The board president appoints all committee chairs. Section 2 — Executive Committee: The four officers serve as the members of the Executive Committee. Except for the power to amend the articles of incorporation and bylaws, the Executive Committee shall have all the powers and authority of the board of directors in the intervals between meetings of the board of directors, and is subject to the direction and control of the full board. Section 3 — Finance Committee: The treasurer is the chair of the Finance Committee, which includes the President and Vice -President. The Finance Committee is responsible for developing and reviewing fiscal procedures, fundraising plan, and annual budget with other board members. The board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the board. The fiscal year shall be the calendar year. Annual reports are required to be submitted to the board showing income, expenditures, and pending income. The financial records of the organization are public information and shall be made available to board members and the public. ARTICLE V — ADMINISTRATOR Section I — Administrator: An administrator may be hired by the board. If hired, the administrator has day-to-day responsibilities for the organization, including carrying out the organization's goals and policies. The Administrator will attend all board meetings, report on the progress of the organization, answer questions of the board members and carry out the duties described in the job description. The board can designate other duties as necessary. ARTICLE VI — Fiscal Matters Section 1— Accounting Year: The accounting year of the Corporation shall be the calendar year. Section 2 — Contracts: Contracts and other instruments entered into in the ordinary course of business must be approved by the Board of Directors and may be executed by the President or, in the absence of the President, by such officer designated by the Board of Directors to act in the place of or in the absence of the President. Section 3 — Loans: No loans shall be contracted on behalf of the Corporation, and no evidence of indebtedness other than checks, drafts or other orders for payment of money issued in the ordinary course of business shall be issued in its name unless authorized by the board of directors of the corporation Section 4 — Checks, Drafts, etc: The Treasurer or President of the Corporation shall sign all checks or other orders for the payment of money issued in the name of the corporation. All checks, drafts or other orders for payment of money issued in the name of the Corporation over one thousand dollars shall be signed by two officers of the Corporation. Section S — Maintenance of Records: The Corporation shall keep correct and complete copies of its Articles of Incorporation and Bylaws, accounting records and minutes of meetings for the previous six (6) years. All such records shall be open to inspection upon the demand of any member of the board of directors. The board of directors shall cause the records to be audited by certified public accountants as it may deem necessary or appropriate. Section 6— Corporate Seal: The Corporation shall have no corporate seal. ARTICLE VII — INDEMNIFICATION The Corporation shall indemnify its officers and Directors against judgments, penalties, fines, including without limitation, excise taxes, settlements and reasonable expenses, including attorney's fees and disbursements incurred by such persons in connection with a proceeding in which they are or are threatened to be made a party by reason of their action on behalf of the Corporation. In order to avail himself or herself of this indemnification provision, however, a person must: 1) not already be indemnified by another organization in connection with the same proceeding and the same acts or omissions; (2) have acted in good faith with respects to the acts or omissions complained of; (3) have received no improper personal benefit; (4) in the case of a criminal proceeding, have had no reasonable cause to believe his or her conduct was unlawful; (5) in the case of a civil proceeding, have reasonably believed that he or she was acting in the best interests of the corporation. This Article VII shall be considered an express limitation on indemnification under Minnesota Statutes Section 317A.521, as it may be amended or revised. ARTICLE VIII — AMENDMENTS Section 1— Amendments: These bylaws may be amended when necessary by two-thirds majority of the board of directors. Proposed amendments must be submitted to the secretary to be sent out with regular board announcements. ARTICLE IX — DISSOLUTION Section 1 - Dissolution: Subject to the requirements of law and the provisions of the Corporation's Articles of Incorporation, it is the Corporation's intention to distribute, upon dissolution, all assets remaining after the payment of debts and expenses to an organization having similar objectives or to such recipient(s) at the Board of Director's discretion. CERTIFICATION These bylaws were approved at a meeting of the board of directors by a two thirds majority vote on February 5, 2003. President ' Date s Edina Traveling Baseball Club Page 1 of 3 Sports dear Management 101 build a web site I fundraising I community I collect fees online I epointz ecardz Edina Traveling Baseball Club: Welcome Logged in as: KPOU Lora http://www.eteamz.com/edinatravelingbaseball/index.cfm?subsite=1767850 3/10/2003 Monday, March 3 IS Home Registration/Tr- WELCOME! oy uts IJ Calendar Schedules The Edina Traveling Baseball Club is dedicated to the • General growth of the youth of Edina through traveling baseball. Information Our programs will stress skill development and allow • Board members to compete at the highest competitive level • Forms and commensurate with their ability, while building on the fun Handouts of baseball. Our goal is to promote an environment that Links maximizes participation and improves players' skills while Training Oppt'ys developing sportsmanship, teamwork, and self-confidence. Message Boards We would like to field as many teams as possible based on player interest and coach availability. NEW! click here for TRYOUT INFORMATION for 12 Admin Year Olds! Last updated 03-10-03 05:12 PM `` Program Highlights: http://www.eteamz.com/edinatravelingbaseball/index.cfm?subsite=1767850 3/10/2003 Edina Traveling Baseball Club mail@edinatravelingbaseball_,p. rg % Edina Park & Rec 4801 W. 50th Street Edina, Minnesota 55424 Our Scoreboard tells us that you just got hit Number: 353 Page 2 of 3 Skill Development - Teams will work on skill development at least 3 times per week. In addition, there will be pitching clinics beginning in March/April. -Click here for Train_inOpportunities Opportunity to Compete at a High Level - Team tryouts will be in MARCH with an 'A' and 'B' level team(s) being selected. - Teams will play in 6 or 7 AAU/M5F qualifying tournaments with a goal of particpating in both the AAU and M5F State Tournaments in July. - The 12YO Division will play on intermediate fields with 75' bases and 52' pitching distance. Family Friendly Schedule - Team schedules are available before teams Fun are formed. - One of every three weekends are off (no games or practices) including Memorial Day weekend and 4th of July. - Possible 'out of town' tournament option for each team QUESTIONS? Email us for a response or Email. us to be added to our email list! Are you interested in coaching or becoming a board member? Please fill out an Application! Board meetings are the first Wednesday of the month at 7 pm at City Hall. http://www.eteamz.com/edinatravelingbaseball/index.cfm?subsite=1767850 3/10/2003 Edina Traveling Baseball Club Page 3 of 3 Twins Pre -Season Survey 1) How do you think the Twins will do this season? F_ Win it all F Win their division F So-so season Submit Answers View Results Edina Traveling Baseball Club Web Sites Instruction Community • Local Sites Lt Tips and Drills U Bulletin Boards • Spotlight Sites 14 Sport Tip Email U Camps & Clinics • epointz Contest U Customer Support U Tournaments • Build a Web Site U News & Updates it Coaches' Corner "Try out your ideas by visualizing them in action." - David Seabury Copyright © 2003, eteamz.com, Inc User Agreement http://www.eteamz.com/edinatravelingbaseball/index.cfm?subsite=1767850 3/10/2003 Minnesota Department of Natural Resources Metro West Area Fisheries Office 9925 Valley View Rd. Eden Prairie MN 55344 (952) 826-6771 January 8, 2002 Mr. John Keprios, Director Edina Parks and Recreation 4801 West 50th Street Edina MN 55424 Dear Mr. Keprios: Thank you, and the City of Edina, for letting us use Highland Lake in Highlands Park for raising walleyes in 2001. In May we stocked 50,000 walleye fry and in the fall harvested 2,794 fingerlings. The walleye were stocked into four lakes in the metropolitan area: Spring, Minnetonka, Crooked, and Prior. We are hoping you will allow us to use these ponds to rear fish again in 2002, should we need to use it. We will determine this based upon stocking needs and availability of other ponds. On behalf of our staff and countless anglers, we thank you for your help and cooperation. enc Since e V Taylor Polomis Fisheries Specialist DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing a Minimum of 10% Post -Consumer Waste N MINNESOTA D.N.R.(NA-01497-02) REARING POND REPORT Highland Park Pond X New Old X State _Sponsor` 620 °'gi°" 6 Y•" 2001 �°°� Hennepin 27-0668 27-0668 T. n. s. °"° - 10 a"g•°°p`" _3.5 "°°•°°p`" 5 SPECIES NUMBER SIZE DATE Walleye 50,000 fry 5/3/01 B.rm.n.a�aa. 24 STOCKING RATE PER ACRE 5,000 iS.r]VL' SPECIES NUMBER RATE POUNDS DATE ilvaa�.T CONTRO KIND OF OIL GALLONS DATE WEED CONTROL vr�m AMOUNT USED DATE H I ,iiAZ k_Un 1tCVL Vt[ r 1Jn i•,v v ...-LaY KIND AMOUNT USED DATE P'Am° In City of Edina park signed "Highlands WEED CONTROL vr�m AMOUNT USED DATE H I ,iiAZ k_Un 1tCVL Vt[ r 1Jn i•,v v ...-LaY KIND AMOUNT USED DATE P'Am° In City of Edina park signed "Highlands B.rm.n.a�aa. 24 °°°r. $21.82 $ 523.69 Park". Access from E side lot, over curb and with T.w.Maa Hrs• 4.5 A""Ite 11.97 53.86 a short, sharp decent. One young -of -the -year black bullhead and few crappie caught. Conveniently Yahi°le miiee 84 566 47.53 Utilities: close to Area office. DOW -listed acreage: 13. Employee Expenses: One riparian homeowner has interest in stocking fish/establishing fishing. Miscellaneous Materials: Miscellaneous supplies: Chemicals: Other: Area supervisor Signature °aC her: ( Other: A'giosal °t 5 re °ati i NCm orlffficar anti Sponsoring Orge°izati°n' TOTAL+ COST $ 625.08 FINGERLING and/or YEARLING PRODUCTION Waters Stocked DOW No. County Date Species Pounds Rate(No/'lb) Number Dist/Trans No. Spring 70-54 Scott 10/15 Walleye 43 11 473 78835 Minnetonka 27-133 Hennepin 10/16 48 W528 78836 Crooked 22-84 Anoka 10/18 129 1419 78881 Upper Prior 70-72 Scott 10/19 17 187 78882 " 10/22 " 17 187 79038 TOTAL RESULTS Walleye 254 11 2794 Miscellaneous Species: black bullhead, black crappie Date Harvest No. Traps Used No. Traps Lifted Catch/Trap Lift Completion Date Percent Return Began 279 25.4 0.01 0.10 October 14 6-10 43 65 October 22 1 677:] Fish/Acre Pounds/Acre Man-Hours/Fish Man-Hours/Pound Cost/Fish Cost/Pouna 279 25.4 0.01 0.10 $ 0.22 $ 2.46 .1 Summary of Tree Work Performed by City Personal February 20,to November 25, 2002 Compiled and Written by Mark Spain TOTAL NUMBER OF JOB ORDERS 245 TREES TRIMMMED 452 TREES REMOVED 350 TREES PLANTED 19 (A) TREES TRIMMED 101 JOB ORDERS 452 TRIMS Maintenance 49 Job Orders 452 Trims 33 Ash 59 Buckthorn 4 Red Pine 28 Red Oak 28 Poplars 13 Willow 9 Cottonwoods 36 Boxelders 7 Spruce 62 Elms 1 Linden 1 Walnut 4 Sugar Maple Storm Damage 15 Jobs 33 Trees 2 Hackberry 8 Elm 6 Boxelder 8 Ash 3 Red Oak 1 Silver Maple 1 Cherry 1 Apple 1 Willow 1 Cottonwood 1 Poplar Creek Jobs 9 Jobs 14 Trees 8 Willows 1 Cottonwood 2 Elm 2 Boxelder 1 Ash Clear View Jobs 28 Jobs 120 Trees 3 Siberian Elm 6 Silver Maple 1 Linden 28 Ash 5 Willow 7 Sugar Maple 23 American Elms 4 Apple 2 Red Oak 5 Russian Olive 2 Austrian Pine 2 White Fir 12 Boxelder 3 Sruce 2 Amur Maple 2 Cherry 2 Locust 11 Buckthorn (B) TREE REMOVALS 79 JOB ORDERS 350 TREES Dutch Elm Disease Removals 29 Job Orders 104 Trees 104 Trees 1407' Oak Wilt Disease _Removals 3 Job Orders 3 Trees 3 Trees 88" Dead Hazard, or Declining 47 Jobs 243 Trees 243 Trees 1646" 7 Willow 110" 27 Boxelder 142" 8 Spruce 98" 2 Cherry 36" 1 Aspen 19" 3 Locust 54" 12 Oak 222" 1 Basswood 4" 3 White Pine 18" 3 Mulberry 12" 20 Ash 154" 4 Scotch Pine 12" 16 White Cedar 112" 1 Black Hill Spruce 4" 10 Lilac 40" 7 Cottonwood 89" 2 Russian Olive 22" 10 Junipers 68" 4 Linden 64" 11 Elm 98" 8 Sugar Maple 64" 79 Buckthorn 134" 4 Silver Maple 70" STUMP REMOVALS 2 JOBS 12 TREES 11 White Cedar 1 White Oak PLANTING JOBS 4 JOBS 20 TREES 6 White Oaks 14 Colorado Blue Spruce BRUSH PILE PICK UPS 53 JOB ORDERS LOADS OF MULCH DELIVERED 7 LOAD City of Ediria February 3, 2003 To: John Keprios Director, Parks and Recreation Dept. From: Thomas Horwath City Forester Re: Year-end City Forestry report Broadly it may be said my duties vary with the seasons. Winter is largely spent trimming and issuing residential trimming notices for required street, sidewalk and alley clearances. Spring my time is occupied with tree planting. Summer necessitates the control of Dutch Elm Disease and Oak Wilt. Fall lately has become the best time to put efforts into Buckthorn eradication within the city parks. These "seasonal" duties represent where the majority of my time is spent. Thus I will focus on these topics. Code Enforcement: Control of vegetation interfering with streets, sidewalks and alleys Over the last several years the city boulevard tree trimming program has been modified. Instead of hiring a tree contractor through competitive bidding and residents charged per tree trimmed, I have been issuing individual notices to residents where needed. The residents then arrange to perform this trimming by whatever manner they choose. This method has been working extremely well. City administration costs and labor are greatly reduced. Each site now is inspected not just for boulevard tree trimming requirements, but for all vegetation whether it is on the right of way easement or not. Included with specific trimming requirements, I also send aesthetic trimming suggestions in the hope and desire of enhancing the city-wide profile of this highly visible landscape area. During the winter of 2001/2002 I sent a total of 182 trimming notices to residents. Thus far this winter I have sent 62 residential notices. Also during spring thru fall I responded to an additional 30 complaints and sent notices when necessary. Complaints are always promptly responded to. Where vegetation along streets is a problem bordering park land, these areas are attended to either by myself or the tree crew. If Buckthorn is part of the problem, these plants are eradicated, rather than trimmed. In notices sent to residents, they are also encouraged to identify Buckthorn -and consider -eradicating -it -as -well- - ---- --- City Hall 4801 WEST 50TH STREET EDINA, MINNESOTA 55424-1394 (952) 927-8861 FAX (952) 826-0390 TDD (952) 826-0379 Very occasionally I receive a comment from a resident to the effect that boulevard trees belong to the city and thus it is not their responsibility to trim. My response to this, besides the fact that city ordinance requires this trimming by the residents, is that boulevard trees are co -managed by both the residents and the city. Regardless of the endless question on who owns them, both the residents and the city have a vital interest in caring for them. These trees most directly benefit the abutting property owner. They also benefit the neighborhoods in which they grow, and thus all the neighborhoods collectively throughout the city. This co -management system works best by giving both parties a voice in their care and protection. Trees planted in parks system The following is a chronological itemization of the trees planted in 2002: 1 April — Arneson Acres — Tim Zimmerman and I potted 65 seedlings purchased from Oikos Tree Crops. Intention is to grow them for several years then transplant them to sites yet to be determined. The species we select are difficult to find in local nurseries. It is our attempt and desire to provide more diversity within the parks and, thereby increase the public's appreciation and interest for park trees. 10 April — Minnehaha Creek — 5 Viburnums — 6' height. Planted along creek south of Jewish Cemetery. This area — cemetery property — is in the process of being re -landscaped. 23 April — Van Valkenburg — 5 Viburnums — 6' height. Planted around pond at entrance. 26 April — Countryside Park — 3 B & B trees (2 Sugar Maples and 1 Red Oak). Planted around play structure. Trees and labor donated by Kiwanis Golden K Club. This site was used for Edina's Arbor Day celebration. 29 April — Van Valkenburg — 30 Red Pine seedlings. Planted on weed hill north side of maintenance shed. This area is a continuation of previous years of planting Red and White pines which are doing well. Perhaps this site could be used in the future as a managed sustained yield/renewable resource area to promote a responsible timber management program within the confines of an urban area. Trees are grown for many purposes. Timber use will always be one of the vital uses of trees. 30 April — Van Valkenburg — 35 Red Pine seedlings. North of maintenance shed. 10 Tamaracks. Around entrance pond. 1 May — Van Valkenburg — 50 Red Pine seedlings. North of maintenance shed. 1 May — Pamela Park — Restoration area. 25 Tamarack seedlings. Planted with Landscape architect Dianne Helickson. 2 May — Van Valkenburg — 37 Red Pine seedlings. North of maintenance shed. 7 May — Garden Park — 5 bare -root 2' Sugar Maples. South side of soccer field. 7 May — Braemar Park — 5 bare -root Sugar Maples. S.E. corner Mark Terrace and Valley View - This area was recently severely storm -damaged. It is a wooded lot comprised mainly of Box Elders. Site deemed an appropriate place to try Sugar Maples based on soil conditions and mix of sun and shade. 9 May — Garden Park — 1 Accolade Elm # 15 container. East side of shelter. 9 May — Normandale Park — 8 Sugar Maples — bare root, 1-2' height. North of ball field — in unmowed area bordering woods. 10 May — Normandale - 1 Red Oak — 2.5" B & B. Planted by Guestins Greenhouse. Donated by Deborah Mahon. By basketball court. 13 May — Normandale — 4 Red Oaks — Bare -root — 5-6' height. 1 north of parking lot; 3 N.W. of ball field. 14 May — Normandale — 1 Burr Oak — 25 gal. East of tennis courts — on top of hill. Replacement tree. 23 May — Van Valkenburg — 1 Red Oak — Bare root. South of entrance parking lot in woods line. Naturalization planting in Buckthorn eradication site. 29 May — Creek Valley — 4 Red Pine and 4 White Pine seedlings. Replacements/additions to site previously planted west of hockey rink .along Gleason Rd. 5 June — Van Valkenbur2 — 2 Dawn Redwoods. East of pond at entrance. Dawn Redwood is native to China — related to Coastal and Giant Redwoods. Long thought to be extinct until specimens were discovered in China shortly after WWII. Like the Tamaracks, it is a conifer that loses its needles every fall. New needle growth appears every spring. Very tolerant of many different conditions. Unknown if it tolerates MN winters. Thus far the ones I have grown at home have survived very well for last 3 winters. June — Rosland Park — Mulch gardens restocked with some shrubs and numerous flowers. Weeded both sites prior to 4th of July. 9 September — Center island Vernon and Ayrshire. 1 Swamp White Oak. B & B. Planted by tree crew. 31 September — 50th and France — 1 Sugar Maple and 1 Linden. Planted by Guestins Greenhouse. In tree grates — replacements, per Wayne Houle. Dutch Elm Disease Last summer was a busy year identifying, marking and monitoring the removals of infected Elm trees. For the third year in a row the n I micidence of arked aDutch tot 1 of 259 Elmse 137 of these were on Diseasincreased - not only Edina, but at least metro wide as well private property; 39 on boulevards; 83 were in Edina parks. The tree crew was kept very busy removing the diseased park Elms. In comparison, the tree crew removed 54 Elms in the previous three years prior to this summer! However, when I reviewed reports from the late 1980s and early 1990s I discovered that this past years' figures were only half of the amount back then. The sanitation program continues with the diseased Elms. It is certainly a credit to all people involved over the years in removing their diseased Elms that we have so many left, which continue to benefit our city in so many ways. Oak Wilt City-wide inspections for Oak Wilt and specific control recommendations for each site has been undertaken for the last eleven years by S. Kunde Co. - Oak Wilt Specialists. This year I received 25 reports from individual sites totaling 46 trees. As you are probably aware, Oak Wilt control differs from Dutch Elm Disease. Unlike D.E.D. not all trees infected with Oak Wilt need to be removed. Removal requirements vary depending. on species (Red, White or Burr Oak) and timingtof infection. I rely on Kunde Co. to determine specific control recommendations and to pass along this information to each resident. Buckthorn Eradication Program Awareness of non-native, highly invasive species of Buckthorn shrubs/small trees is swiftly increasing among the public as is the desire to eradicate this plant wherever it grows. High populations of Buckthorn are now inhabiting practically all of Edina's wood -lots. It also grows in wetlands and as unwanted weedy ws ashrubs under streets, trailsowed and alleys. In wood len plants ot drttrees creat swithin our maintained park lands gr g unhealthy environments for the desired trees through over -competition and allelopathy. The very abundance of these plants makes for much difficulty in formulating and managing any eradication program. At the present time the resources are limited for this labor-intensive and potentially expensive program. But I believe in time more resources will be found. Although I believe Buckthorn eradication is a vital and worthwhile undertaking for the health and aesthetics of our infested park properties. I don't believe it is necessary nor practicable to ieve, a careful, intelligent and prioritized method achieve an immediate solution. Rather, I bel should be the primary interest of the city. Wood -lot management strategies must be recognized -- -- - - and-utilizedefore-labor-forces are Putto w°rk �n these-nat�rral=funetian3ng-aid-sensitive- environments. I think it is important that protection and conservation goals be emphasized throughout this process to assure that the end result will be a healthy and natural appearing environment. Woodlots, in sizes large or small, all have a great natural functioning process and order to them even though they may appear random or chaotic to the casual observer. Species composition throughout the layered canopies, and distribution of the diverse flora has its own natural laws to obey. Though we may not know all of nature's laws and complexities, we must control our efforts within these areas in a sensitive manner. Quality of work should be a greater desire than speed which may result in carelessness, over disturbances, lack of efficiency, and an end result of sub -standard health and appearances within these valuable and important natural areas within the city. To conclude this report, but speaking of a newly accepted and continual mission for parks management operations, let me just emphasize the importance of maintaining firm control over all aspects relating to Buckthorn eradication and wood -lot management. City parks staff and officials must manage these operations in a controlled, efficient and prioritized fashion to assure the safety of laborers, oversee their training, and produce an end result of enhancing and preserving the hundreds of acres of natural wood lots that add so much value to the City of Edina's park system. Thank you for your time and attention. Respectfully submitted, FINAL DRAFT — 02/25/03 TRI-CITY/YMCA SKATE PARK AGREEMENT THIS AGREEMENT is made on the day of , 2003, by and among the City of Bloomington, a Minnesota municipal corporation (`Bloomington"), the City of Edina, a Minnesota municipal corporation ("Edina"), the City of Richfield, a Minnesota municipal corporation ("Richfield"), and the Young Men's Christian Association of Metropolitan Minneapolis ("YMCA"). RECITALS A. Each party to this Agreement desires that a facility be constructed to be used by the community for in-line skating, skate boarding and trick biking (the "Skate Park"). B. It is more economical for the parties to provide jointly for the construction and maintenance of the Skate Park than for each party to construct and maintain its own facility. C. The parties desire to jointly provide for the construction, operation and maintenances of a Skate Park by the YMCA in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual understandings and agreements hereafter set forth, the Members agree as follows: Section 1. Construction of Facility Location of Facility. The YMCA shall cause the Skate Park to be constructed and equipped as described in Exhibit A hereto. Construction will be undertaken so that the Skate Park will be available for community use no later than September 1, 2003. The Skate Park shall be constructed by the YMCA on property owned by Edina and located in Yorktown Park in the corporate limits of Edina adjacent to the YMCA's facility in Edina as more specifically described in Exhibit B hereto (the "Premises"). Edina shall lease the Premises to the YMCA as provided in the Ground Lease attached hereto as Exhibit C (the "Ground Lease"). The YMCA shall permit users of the Skate Park to park in its parking lot adjacent to the Premises. Section 2. Construction of Skate Park and Payment of Initial Costs of Construction and Equipping of Skate Park. The Skate Park will be constructed by the YMCA. The initial costs of construction and equipping the Skate Park are estimated to be $351,243, which includes a $25,704 contingency as further described on Exhibit D hereto. To provide for the payment of the costs of constructing and equipping the Skate Park, Edina, and Richfield shall each contribute $80,000 to the YMCA to pay the initial costs of construction and equipping the Skate Park. The City of Bloomington shall contribute $120,000 to the YMCA to pay the initial costs of construction and equipping the Skate Park. The YMCA will contribute an additional $35,000 towards the initial costs of construction and equipping the Skate Park. An additional $36,250 in donations from fund-raising efforts will also be given to the YMCA and shall be applied by the YMCA towards the initial costs of construction and equipping the Skate Park. All three cities and the YMCA must approve the initial design/build master plan. SKATE PARK FUNDING SOURCES SUMMARY Donations $36,250 City of Bloomington $120,000 City of Edina $80,000 City of Richfield $80,000 YMCA $35,000 TOTAL FUNDS $351,250 If the costs of constructing and equipping the Skate Park exceed the budgeted amount, the YMCA shall pay the additional costs. Section 3. Operation of Skate Park; Fees and Charges. The YMCA shall manage and operate the Skate Park and shall maintain the Skate Park as provided in the Ground Lease. At its expense, the YMCA shall employ such personnel as are required to operate and maintain the Skate Park. The Skate Park shall be made available for use by the general public and the YMCA 2 shall determine the hours of operation and operating policies of the Skate Park. The YMCA will determine the fees and charges necessary to be charged to users of the Skate Park by the YMCA to pay the costs of operation and maintenance of the Skate Park. Such fees and charges shall be at such levels as the YMCA determines, in its reasonable discretion are necessary in order that the Skate Park is self supporting and the YMCA does not have to subsidize the operations and maintenance of the Skate Park from other funds of the YMCA. In setting such fee schedule, the YMCA shall provide that users who are either residents of the cities of Bloomington, Edina and Richfield, or members of the Southdale Branch of YMCA, will pay a lower fee than other users of the Skate Park. In addition, users who are residents of Bloomington, Edina and Richfield and members of the Southdale Branch of the YMCA shall be given other preferences over other users of the Skate Park, such as the ability to register early for special events and lessons offered at the Skate Park. Section 4. Insurance. The YMCA shall assume all liability with respect to the operation and ownership of the Skate Park and shall maintain and provide for the insurance required by the Ground Lease naming the YMCA and Edina and the YMCA as named insureds, as their respective interests may appear, and naming Bloomington and Richfield as additional insureds. The YMCA shall provide to Bloomington, Edina and Richfield a certificate of insurance evidencing that the insurance required by the Ground Lease is in effect prior to commencing construction of the Skate Park. Section 5. Additional Capital Improvements. The parties recognize that following the initial construction of the Skate Park additional capital improvements to the Skate Park may be desired at a later date, including the construction of a permanent building. The parties agree to work cooperatively toward addressing future capital needs of the Skate Park. Section 6. Termination by YMCA. If the YMCA determines to terminate its operation of the Skate Park and cancel the Ground Lease, the Skate Park will then be owned by Edina. In such event, Edina shall not be liable to refund any capital contributions made by the parties to the construction of the Skate Park. Upon any such termination by the YMCA, Bloomington, Edina and Richfield will negotiate for the cooperative operation of the Skate Park by Bloomington, Edina and Richfield. The YMCA may terminate the Skate Park Agreement at any time, upon thirty (30) days' written notice to the other parties, if the YMCA has decided to cease operating the Skate Park. Section 7. Name of Skate Park. The Skate Park will initially be named "The YMCA/Tri-City Skate Park." The Skate Park may be renamed in the event of a substantial donation to the Skate Park to the name designated by such donor provided that such name is approved by all of the parties to the Agreement. Any such donation shall be used to pay for additional improvements to the Skate Park. Section 8. Operating Budget and Reports. The YMCA shall prepare an operating budget for the Skate Park for each season of operation not less than 60 days prior to the anticipated opening date of the Skate Park for such operating season and shall furnish a copy of such budget to Bloomington, Edina and Richfield. Following the conclusion of each operating season, the YMCA shall prepare a report showing the operating results for the Skate Park for such season and detailing the usage of the Skate Park for such season and shall furnish a copy of such report to Bloomington, Edina and Richfield. Section 9. Term. The term of this Agreement will commence on March 20, 2003 and will continue thereafter until March 20, 2018. The term of the Agreement may be extended for an additional period of 10 years upon the agreement of all parties hereto. The YMCA may terminate the Skate Park Agreement in accordance with Section 6. 2 Section 10. Indemnity. The YMCA shall defend, indemnify and hold harmless SBloomington, Edina and Richfield and each of its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the YMCA's (including its officials, agents or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting there from and is caused in whole or in part by any negligent act or omission or willful misconduct of the YMCA. Section 11. Mediation. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. Section 12. Audit. The books, records, documents and accounting procedures of the YMCA relevant to the Agreement are subject to examination by Bloomington, Edina, Richfield and the legislative auditor or state auditor, as appropriate, pursuant to Minnesota Statutes, Section 16C.05, subdivision 5. Section 13. Assignment. A party shall not assign or transfer its rights and obligations under this Agreement without the prior written consent of all other parties. Section 14. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized officers by authority of their respective governing bodies. CITY OF BLOOMINGTON Mayor Approved for Execution: City Manager City Attorney Date CITY OF EDINA CITY OF RICHFIELD Mayor City Manager Date 31 Mayor City Manager Date YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS Its Date *:4 :IIIIIW1 DESCRIPTION OF SKATE PARK TRI-CITY/YMCA SKATE PARK The Tri-City/YMCA Skate Park will be a 25,000 square foot facility that will consist of two concrete bowls with varying levels of challenges and skating elements. The facility will include: intermediate and advanced bowls; and additional street skating elements for all abilities (rails, spines, pyramids, fun boxes, quarter pipes, etc.); security fencing; spectator area; and drinking fountain. This in -ground concrete structure with two separate bowl -like areas and numerous street skating elements will cater to skateboard, in-line skate and trick -style bike enthusiasts of all abilities. This skate park will include elements to ensure a challenging, fun, and safe environment for the users. The Tri-City/YMCA Skate Park will be open to both youth and adults. The facility with its central location to Bloomington, Edina and Richfield will serve users of these three communities as well as the entire metro area. The facility will be open to in-line skaters, skateboarders and trick bikers. A-1 EXHIBIT B DESCRIPTION OF SKATE PARK SITE The entire skate park will be located on City of Edina park property located immediately east of the existing Edina Fire Station within Yorktown Park, which is adjacent to the Southdale YMCA. The legal description of the site is described as "OUTLOT C, YORKTOWN" and its recorded plat and map are shown on the following page. The skate park is designed to be approximately 25,000 square feet enclosed with chain link fencing. The existing site is currently a softball field with backstop fencing and player benches. -Page 1 of 2- Legal Description of Premises A ground lease agreement for that part of Outlot C, YORKTOWN, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Outlot C; thence on an assumed bearing of North 89 degrees 54 minutes 50 seconds East, along the south line of said Outlot C, a distance of 175.00 feet to the point of beginning of the land to be described; thence North 21 degrees 15 minutes 00 seconds East a distance of 222.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 45 feet; thence South 55 degrees 00 minutes 00 seconds East a distance of 125.00 feet; thence South 0 degrees 00 minutes 00 seconds East a distance of 134.87 feet to the south line of said Outlot C; thence South 89 degrees 54 minutes 50 seconds West to the along said south line a distance of 227.86 feet point of beginning. (North portion crosses a 20 2849084) of described ground foot sanitary sewer 90 lease agreement easement, Doc. No. FINAL DRAFT - 02-25-03 EXHIBIT C GROUND LEASE THIS GROUND LEASE ("Lease") is made and entered into as of 2003, between the City of Edina, a Minnesota municipal corporation ("Landlord"), and Young Men's Christian Association of Metropolitan Minneapolis, YMCA ("Tenant"). WITNESSETH: PREMISES AND TERM Premises. Landlord demises and leases unto Tenant, and Tenant hires and takes from Landlord, all of that certain parcel of land situated in the City of Edina, County of Hennepin and State of Minnesota, more particularly described on Exhibit A attached hereto and made a part hereof, subject to the encumbrances described on said Exhibit A and together with all rights, privileges, easements and appurtenances belonging, or in any way appertaining thereto (the "Premises"). The Tenant shall construct and operate on the Premise facilities for in-line skating, skateboarding and trick biking (the "Skate Park") in accordance with this Lease and Tri -City Skate Park Agreement (the "Skate Park Agreement") dated , 2003, by and among the Landlord, the Tenant, the City of Bloomington and the City of Richfield. Term. The initial term of this Lease will commence on March 20, 2003, and will continue thereafter until March 20, 2018, unless sooner terminated in accordance with the provisions hereof. Renewal. The Term of this Lease shall be extended for an additional period of 10 years (the "Extension Term") if the Skate Park Agreement is extended as provided in Section 9 thereof, subject to and upon the following conditions: The Extension Term will be upon all of the terms and conditions of this Lease, including rent. The initial term, together with the Extension Terms are collectively referred to herein as the "Term." Early Termination. If at any time the Tenant is no longer operating the Skate Park on the Premises or has made a determination to cease operating the Skate Park this Lease will automatically terminate upon 10 days written notice by either party. 0 IF"i`►Y 11 Base Rent. Tenant shall pay to Landlord for the Premises an annual base rental equal to One Dollars ($1.00) in advance on the first day of each and every calendar year during the term hereof Such rental shall be paid to Landlord at 4801 West 50th Street, Edina, Minnesota 55424, Attn: Parks and Recreation Director. Base rent for the first calendar year and the final calendar year of the Term, whether this Lease ends by expiration or earlier termination, will be prorated based on the number of days in such calendar year within the Term. It is acknowledged that Landlord is a party to the Skate Park Agreement and that the rental provided herein, combined with additional consideration provided to the Landlord as a party to the Skate Park Agreement, is adequate consideration for Landlord's lease of Premises to Tenant. Additional Rent. As additional rental hereunder, Tenant will pay, or cause to be paid, before penalty attaches, all taxes, fees and other charges of whatsoever nature levied, assessed or imposed by the State of Minnesota or political subdivisions thereof on the Premises and any improvements now or hereafter located thereon or on the ownership thereof, which are payable during the term hereof, commencing with those payable in the calendar year in which the Term commences, and concluding with those payable in the calendar year in which the Term expires; provided, however, that the taxes, fees and other charges payable in the calendar years in which the Term commences and expires shall be apportioned between Landlord and Tenant according to the number of months this Lease is in effect during such calendar years. Tenant shall pay all special assessments levied against the Premises and any improvements now or hereafter constructed thereon; provided, however, to the extent said special assessments may be paid over a period of time, Tenant's obligation with regard to the same will be met so long as at any one time the then current installment shall be paid before delinquent. If at any time any taxes, fees or other charges payable during the term hereof, commencing with those due and payable in the calendar year in which the Term commences and concluding with those payable in the calendar year in which the Term expires, shall be levied by the State of Minnesota or any political subdivision thereof against Landlord with respect to its interests in said property, or rentals payable by Tenant hereunder in lieu of, or in substitution in whole or in part for, any taxes, fees or other charges that might otherwise be levied or assessed by such taxing authority on the Premises or any part thereof and any improvements thereon, Tenant will pay, or cause to be paid, when due, any and all such taxes, fees and other charges. If any substitute taxes, fees or other charges are based on income, Tenant's obligations hereunder shall be calculated as if Landlord had no income other than that payable to it under the terms of this Lease. Tenant shall deliver to Landlord, not later than 10 days after the date when payment would otherwise be delinquent, a paid receipt evidencing payment of all amounts to be paid by Tenant pursuant to this Article. Net Lease. It is the intention and purpose of the parties hereto that this Lease will be a "net lease" to Landlord, all cost or expense of whatever character or kind, general and special, ordinary and extraordinary, foreseen and unforeseen and of every kind and nature whatsoever that may be necessary in or about the operation of the Premises and Tenant's A-2 authorized use thereof during the entire Term to be paid by Tenant (other than the maintenance of landscaping on the Premises and mowing of grass, care of any shrubs and general landscaping of Premises which will be undertaken by Landlord). All provisions of this Lease relating to expenses are to be construed in light of such intention and purpose to construe this Lease as a "net lease." USE OF THE PREMISES Use. Tenant will use the Premises only for the Skate Park in accordance with this Lease and the Skate Park Agreement. Compliance with Laws. Tenant shall, at its sole cost and expense, indemnify Landlord and its officers, agents and employees against all claims, demands and actions, and all related costs and expenses (including attorneys' fees) for any failure of Tenant to comply with all valid, applicable laws, ordinances and regulations of any nature whatsoever now or hereafter in any manner affecting the Premises or Improvements or the use thereof. Tenant shall not commit any unlawful occupation, business or trade to be conducted on the Premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto, and shall protect Landlord and the Premises against any tax, fee or other charge or penalty imposed or levied against the Premises on account of any failure to comply with any such law, ordinance or regulation. Tenant shall maintain in force and effect all permits, licenses and similar authorizations necessary for it to use and operate the Premises; provided that neither this clause nor any other provision in this Lease shall be construed as granting or allowing any uses other than the uses expressly permitted under this Lease. CONSTRUCTION; ALTERATIONS Construction of Skate Park. Tenant shall construct upon the Premises the improvements necessary for operation of the Skate Park as provided in the Skate Park Agreement. No construction will commence until Tenant shall have procured all necessary governmental permits and authorizations necessary for such construction. Landlord will join in the application for such permits and authorizations, as Landlord, whenever such action is necessary. The construction of all improvements will be done in a good and workmanlike manner and in compliance with all applicable building and zoning laws and all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments having jurisdiction over the Premises. Tenant will complete the construction of the improvements free and clear of all mechanics' liens, conditional bills of sale, chattel mortgages, or other liens, and shall indemnify and hold Landlord harmless from and against all claims, losses, damages and expenses of whatsoever nature that may be incurred or become chargeable against Landlord or the Premises by reason of any work done or materials furnished to or upon the Premises in connection with the initial construction of the improvements or by reason of any fine, penalty or imposition or any other matter or thing arising out of the construction of the improvements. A-3 Alterations. Tenant shall have the right at any time during the Term, at its sole cost and expense, to make such changes in, and additions and alterations, structural or otherwise, to the Premises and to any improvements now or hereafter located thereon as Tenant shall deem necessary or desirable in connection with the operation of its business; provided, however that: all work is done in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations; and 2. the cost of the work is fully paid for by Tenant. Nothing contained in this Article shall be deemed to require Landlord's consent or approval to normal tenant fixturing of any improvements now or hereafter constructed on the Premises. UTILITIES Payment of Utilities. Tenant will pay or cause to be paid all charges for cleaning and building services, gas, water, steam, electricity, light, heat, air conditioning, power, telephone, trash removal and other service or utility used, rendered or supplied upon, or in connection with the Premises during the Term, and will save the Landlord harmless against any liability or expense for any such charge. INDEMNITY Tenant Indemnity. Tenant will indemnify, defend and hold Landlord harmless from and against all claims, demands and actions, and all reasonable costs and expenses relating thereto (including reasonable attorneys' fees), for damage, injury, death, disability or illness of or to any persons or property, arising out of, or as a result of, surveying or inspecting or testing of soil and land conditions of the Premises, Tenant's possession of the Premises, construction of the improvements thereon, or Tenant's use of the Premises or any breach or default of Tenant in the performance of any of its covenants hereunder. INSURANCE Builder's Risk Insurance. During the construction of any improvements on the Premises, at Tenant's sole cost and expense, Tenant shall maintain builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to 100% of the replacement costs of the improvements as of the date of completion, with coverage on the so-called "all risk," non -reporting form of policy. Casualty Insurance. At Tenant's sole cost and expense, Tenant shall keep all improvements now or hereafter located on the Premises insured at all times throughout MA the Term against loss or damage by fire and "all-risk" coverage risks in an amount not less than the actual cash value thereof. Liability Insurance. During the Term, as additional rent hereunder and at Tenant's sole cost and expense, Tenant shall maintain comprehensive general liability insurance protecting Landlord equally with Tenant from liability with respect to accidents occurring on or about the Premises or arising out of the use thereof in reasonable amounts, but not less than $300,000 for injury or death to any person, $1,000,000 for injury or death arising out of any one accident, and $100,000 for property damage claims arising out of any one accident. Workers' Compensation Insurance. Tenant shall maintain Workers' Compensation Insurance as required by Minnesota Statutes, Section 176.181. Miscellaneous. All insurance required to be maintained by Tenant hereunder shall be effected under valid and enforceable policies issued by a reputable insurance company or companies authorized to do business in the State of Minnesota and reasonably acceptable to Landlord. Upon commencement of the Term, and thereafter not less than 10 days prior to the expiration of any current policy, Tenant shall deliver to Landlord certificates evidencing the existence of all insurance policies which Tenant is required to maintain hereunder and payment of all required premiums for the same. All builder's risk, casualty and liability insurance policies required to be maintained by Tenant hereunder shall name Landlord and Tenant as named insureds, as their respective interests may appear and shall name the City of Richfield and Bloomington as additional insureds, and shall provide that any loss shall be payable notwithstanding any act of negligence of Landlord, Tenant, or any sublessee or other occupant of the Premises which might otherwise result in a forfeiture of said insurance. The loss, if any, under any casualty insurance policies required to be maintained by Tenant hereunder shall be adjusted with the insurance companies by Tenant, but Landlord will have the right to confer with Tenant in adjusting any such loss. Each policy required to be maintained by Tenant hereunder shall, to the extent obtainable, contain an agreement by the insurer that such policy shall not be cancelled without at least 10 days prior written notice to Landlord and Tenant. Nothing in this Lease will prevent Tenant from taking out the insurance required to be maintained by Tenant hereunder under a blanket insurance policy or policies which can cover other properties as well as the Premises; provided, however, that any such policy or policies of blanket insurance shall specify therein, or Tenant shall furnish Landlord with a written statement from the insurers under such policy or policies, specifying the amount of the total insurance allocated to the Premises and improvements located on the Premises, which amount shall not be less than the amounts required hereunder. HAZARDOUS SUBSTANCES Hazardous Substances. The term "Hazardous Substances," as used in this Lease, shall include, without limitation, medical waste, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer A-5 or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any state, local or federal authorities (the "Authorities"). Tenant agrees to the following with regard to Hazardous Substances and environmental laws: Tenant shall not cause any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under, or about the Premises, or arising from Tenant's use, alteration or occupancy of the Premises, including, but limited to, soil and ground water conditions. Tenant shall not cause the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance on, under, or about the Premises, or the transportation to or from the Premises of any Hazardous Substance, to the extent any such activity is prohibited by, or results in liability under, any law regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ("Laws"). Should any Authority or any third party demand that a clean-up plan be prepared and that a clean-up be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the Term, at or from the Premises, Tenant shall, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control, at Tenant's own expense, prepare and submit the required plans and all related bonds and other financial assurances; and Tenant shall carry out all such clean-up plans. Tenant shall promptly provide all information regarding the use, generation, release, storage, transportation, or disposal of Hazardous Substances that is known to Tenant reasonably requested by Landlord. If Tenant fails to fulfill any duty imposed under this Article within a reasonable time, Landlord may, without obligation, perform such actions after 10 days' prior notice to Tenant of Landlord's intention and, upon demand by Landlord Tenant will reimburse Landlord for all costs in connection therewith, including without limitation attorneys' fees, as additional rent hereunder; and in such case, Tenant will cooperate with Landlord to prepare all documents Landlord deems necessary or appropriate to determine the applicability of the Laws to the Premises and Tenant's use thereof, and for compliance therewith, and Tenant will execute and deliver all documents promptly upon Landlord's request. No such action by Landlord and no attempt made by Landlord to mitigate damages under any Law shall constitute a waiver of any of Tenant's obligations under this Article. Tenant will indemnify, defend, and hold harmless Landlord and its officers, directors, beneficiaries, shareholders, partners, agents, and employees from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including, without limitation, attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or other release of Hazardous Substances that occur during the Term, at or from the Premises, or which arise at any time from Tenant's use, alteration or occupancy of the Premises, or from Tenant's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws, but only to the extent such release of Hazardous Substances was caused by Tenant or persons under Tenant's direction or control. Tenant's obligations and liabilities under this Article will survive the expiration or earlier termination of this Lease. CASUALTY Damage to Premises. In the event of damage to, or destruction of, the Premises or any building, buildings or other improvements now or hereafter located thereon, by any cause whatsoever, Tenant will, at its own expense and without cost to Landlord, proceed immediately and diligently to restore the Premises and such building, buildings and other improvements located thereon to the same or equivalent condition that they were required to be kept in before such damage or destruction. If such damage or destruction was caused by perils insured against, Tenant shall use the proceeds from such insurance, to the extent necessary, to pay for the restoration of the Premises. In the event the insurance proceeds are insufficient to pay for the restoration, Tenant shall be obligated to supply the deficiency. No Abatement. The rental to be paid by Tenant to Landlord hereunder shall not be abated, either in whole or in part, by reason of any damage to, or destruction of, any building, buildings or other improvements currently constructed or hereafter constructed, either in whole or in part, on the Premises. MAINTENANCE; LIENS Maintenance. Tenant, at Tenant's sole cost and expense, shall take good care of the Premises and the improvements constructed thereon during the Term and will maintain the same in reasonably good condition, including all sidewalks, curbs and parking areas located on the Premises, and Tenant shall make all repairs thereto, interior and exterior, structural and non-structural, ordinary and extraordinary, and foreseen and unforeseen, all as may be necessary to keep the Premises and all improvements thereon in good order and condition. When used in this Lease, the term "repairs" shall include all replacements, renewals, alterations, additions and betterments, when necessary and appropriate. All repairs made by Tenant shall be equal in quality and class to the original work. Tenant shall also keep and maintain the Premises free of accumulated dirt, rubbish, snow and ice, and any unlawful obstructions. The Premises shall not be maintained as, nor shall Tenant permit the Premises to become, a public or private nuisance. Landlord shall not be required to make any expenditure whatsoever in the maintenance of the Premises or any improvements thereon except that Landlord shall be responsible for taking care of the landscaping on the Premises and the mowing of grass, care of any shrubs and general landscaping. A-7 Liens. Tenant shall not permit any mechanics', laborers' or materialmen's liens or the claims thereof to stand against the Premises by reason of any cause whatsoever. ASSIGNMENT Tenant shall not assign this Lease or sublet the Premises either in whole or in part, or mortgage, pledge or hypothecate this Lease without in each such case receiving the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Any consent given by Landlord hereunder shall be with respect to the particular transaction for which consent is requested, and the giving of such consent shall not be deemed consent to a subsequent transaction. No assignment or sublease, regardless of Landlord consent requirements, will relieve Tenant of any liability hereunder. TITLE TO IMPROVEMENTS Prior to the expiration or earlier termination of this Lease, title to all improvements heretofore or hereafter constructed on the Premises shall be vested in the Tenant. Without the further act of either of the.parties hereto, title to all improvements heretofore or hereafter constructed on the Premises will vest in Landlord, its successors or assigns, free and clear of all encumbrances, except encumbrances listed on Exhibit A attached hereto, as of the expiration or earlier termination of this Lease. Without limiting the generality of the foregoing, Tenant shall, upon the expiration or earlier termination of this Lease, execute such instruments and in such form as Landlord, its successors or assigns, may require for the purpose of confirming title to said improvements in Landlord, its successors or assigns. DEFAULT Self Help. If Tenant fails to make any payment or perform any act required to be made or performed hereunder, or shall fail to make any payment or perform any act required to be made or performed by any mortgage which is a lien on the Premises, or Tenant's interest therein, or shall fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant, Landlord, without waiving or releasing any obligation or default, may, but shall be under no obligation to, make such payment or perform such act for the account and at the expense of Tenant, and may enter upon the Premises or any part thereof for such purposes and take such action thereon as, in Landlord's opinion, may be necessary or appropriate therefor. In the event of an emergency, such actions may be taken at any time and without any notice. In the event of a non -emergency, such actions may be taken at any time after such failure continues for more than 10 days after written notice thereof from the Landlord (or if the failure is of such a character as to require more than 10 days to cure and Tenant has commenced the cure and is continuing to use reasonable diligence in curing such failure, at any time after that period of time reasonably necessary to cure such failure). No such W. entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs, fees and expenses so incurred shall constitute additional rent hereunder and shall be paid immediately upon demand. Tenant Default. If any of the following events of default shall occur: (a) if Tenant shall fail to pay any installment of rent and such failure shall continue for 10 days after written notice thereof from the Landlord; or (b) if Tenant shall fail to perform or comply with any other term hereof and such failure shall continue for more than 30 days after written notice thereof from Landlord (or, if such failure is of such a character as to require more than 30 days to cure and if Tenant continues to use reasonable diligence in curing such failure, for more than that period of time reasonably necessary to cure such failure); or (c) if Tenant shall make an assignment for the benefit of creditors, be adjudicated insolvent or bankrupt pursuant to the provisions of any State or Federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant shall be appointed and shall not be discharged within 60 days after such appointment, or if any voluntary proceedings are instituted under any insolvency or bankruptcy act seeking to effect a reorganization of Tenant or a composition with its creditors, or an arrangement; or (d) Tenant shall fail to pay any amounts owing under or perform or comply with any requirement of any mortgage which is a lien on the Premises or Tenant's interest therein, and such failure shall continue for more than 30 days after written notice from either Landlord or the mortgagee of such mortgage; or (e) Tenant shall fail to make any payment or perform any act required to be performed by Tenant under any lease or sublease from Tenant and such failure shall continue for more than 30 days after written notice from either Landlord or any tenant or sublessee, then and in any such event, Landlord may, at its option, declare a forfeiture of this Lease and, whether or not such a forfeiture shall be declared, may re-enter into possession of the Premises and remove all persons therefrom and collect all rents owing but unpaid for all periods to and including the last day of the month during which Landlord shall obtain possession of the Premises together with any costs, expenses or damages incurred or suffered as a result of such default, which sums shall thereupon become immediately due and payable, and in the event that Landlord shall elect to declare a forfeiture and shall recover possession of the Premises, Tenant shall nevertheless remain liable for, as liquidated and agreed current damages, and shall pay amounts equal to the rent hereunder as such rent becomes due, plus all payments to be made by Tenant hereunder, less (i) the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to the provisions of this Article after deducting from such proceeds all of Landlord's expenses in connection with such repossession or such reletting; or (ii) the net proceeds, if any, of all rents, issues and profits arising from or related to the Premises and all buildings and improvements constructed thereon after deducting from such proceeds all of Landlord's expenses in connection with receiving such rents, issues and profits. Assignment of Rents. If Landlord recovers possession of the Premises by reason of Tenant's default under the terms of this Lease, Tenant does hereby assign unto Landlord all rents, issues and profits, if any, arising from or related to the Premises and all buildings and improvements constructed thereon. • Re -Letting. At or from time to time after repossession of the Premises or any part thereof pursuant to the provisions of this Article, whether or not the Term ends pursuant to the provisions of this Article, Landlord may (but shall not be obligated to) relet the Premises or any part thereof for the account of Tenant, in the name of Tenant, or Landlord or otherwise, without notice to Tenant, for such term or terms (which may be greater or less than the period which would otherwise have been constituted the balance of the term of this Lease) and on such conditions (which may include concessions or free rent) and for such uses as Landlord, in its sole discretion, may determine, and may collect and receive the rents therefor. Landlord shall not be responsible or liable for any failure to relet the Premises or any part thereof or for any failure to collect any rent due upon such reletting. Remedies Not Exclusive. Except insofar as is inconsistent with, or contrary to, any provisions of this Lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. No Waiver. Except to the extent that Landlord may otherwise agree in writing, no waiver by Landlord of any breach of Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same, or any other obligations, agreements or covenants, nor shall any forebearance by Landlord to seek a remedy for such breach by Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. MISCELLANEOUS Quiet Enjoyment. Landlord represents and warrants that it is the lawful owner of the Premises, that the same are free from all encumbrances, liens or defects in title, except those set forth on Exhibit A attached hereto, that it has full right and power to make this Lease and that so long as Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy and enjoy the Premises during the Term. No Personal Liability. Notwithstanding any provision herein to the contrary, Landlord and Tenant agree that if either party is in default of this Lease, that the other party shall look solely to the interest of the defaulting party in the Premises, and that neither Landlord nor Tenant, nor their shareholders, directors, officers, employees, agents or representatives, shall have any personal liability to pay any indebtedness hereunder or to perform any covenant contained herein, and that no personal liability or personal responsibility of any sort is assumed by, nor shall at any time be asserted or enforceable against, Landlord, Tenant, or their directors, officers, employees, agents or representatives. Each party and all persons claiming by, through or under such party hereby expressly waives and releases all such personal liability. The terms "Landlord" and "Tenant" as used in this Lease shall mean, at a given time, the person, firm or corporation who is the owner or owners, collectively, for the time being of the fee or leasehold estate in the Premises, and any successor or assignee thereof. A-10 Amendment. None of the covenants, provisions, terms or conditions of this Lease shall be in any manner modified, waived or abandoned except by written instrument duly signed and delivered by Landlord and Tenant. Partial Invalidity. If any term, condition or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder thereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Lease and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with to the full extent permitted by law. Inspection Rights. Upon reasonable prior notice (except in the case of an emergency when no notice will be required), Tenant will permit Landlord's authorized representatives to enter the Premises and all improvements located thereon at all times during the usual business hours for the purpose of inspecting the same and of curing Tenant's defaults as Landlord is permitted to do under the Article titled "DEFAULT"; provided that Landlord shall not unreasonably interfere with the conduct of Tenant's operations on the Leased Premises. Notices. Any notice or election herein required or permitted to be given or served by either party hereto upon the other, shall be deemed given or served in accordance with the provisions of this Lease if delivered to an officer of such other party hereto and his or her receipt obtained therefor, or if mailed in a sealed wrapper by United States registered or certified mail, postage prepaid, properly addressed to such other party at the address hereinafter specified. Unless and until changed by notice as herein provided, notices and communications shall be addressed as follows: If to the Landlord: City of Edina 4801 West 50th Street Edina, MN 55424 Attn: Parks and Recreation Director If to the Tenant: The Young Men's Christian Association Of Metropolitan Minneapolis 30 South Ninth Street Minneapolis, MN 55402 Attn: Senior Vice President Each such mailed notice or communication shall be deemed to have been given to, or served upon, the party to which addressed, on the date the same is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or communication shall be deemed given and served personally upon delivery thereof in the manner above provided. Either party may change the address to which mailed notice is to be sent to it by giving the other party not less than thirty (30) days advance written notice thereof. A-11 BindingEffect. All of the terms and conditions of this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Memorandum of Lease. At the request of either party hereto, a short -form lease will be prepared by the requesting party in form and substance reasonably satisfactory to each of the parties hereto, and shall be executed by each of the parties hereto in duplicate and delivered to the requesting party for filing by such party in the Hennepin County property records. Estoppel Certificates. Landlord and Tenant each agree at any time and from time to time upon not less than 10 days prior written notice to execute, acknowledge and deliver to the other party a statement certifying that this Lease is in full force and effect (or if not in full force and effect or if modified or amended stating the nature of the default, modification or amendment as the case may be) and the dates to which rental has been paid hereunder, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser of either the Premises or the leasehold estate created hereby. IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease as of the day and year first above written. LANDLORD: City of Edina By Its Mayor And Its City Manager TENANT: The Young Men's Christian Association Of Metropolitan Minneapolis By Its A-12 EXHIBIT D ESTIMATED COSTS OF INITIAL CONSTRUCTION AND EQUIPPING OF SKATE PARK Item Descri tion Total Cost EARTHWORK $ 29,199.00 PAVEMENT $ 4,401.00 SITE UTILITIES $ 7,530.00 FENCING $ 12,900.00 LANDSCAPING $ 3,570.00 SITE CONCRETE $ 37,464.00 MISCELLANEOUS METALS $ 15,100.00 SEALANTS $ 1,875.00 SKATE PARK STRUCTURE $ 145,000.00 BUILDERS RISK INSURANCE $ 500.00 MATERIAL TESTING AND INSPECTION $ 3,000.00 GENERAL REQUIREMENTS, OVERHEAD & PROFIT $ 40,000.00 DESIGN FEES & CIVIL ENGINEERING $ 25,000.00 CONTINGENCY $ 25,704.00 TOTAL BUDGET $ 351,243.00 C-2