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HomeMy WebLinkAbout2001-02-13 Park Board PacketCity of Edina EDINA PARK BOARD TUESDAY, FEBRUARY 13, 2001 7:00 P.M. COUNCIL CHAMBERS EDINA CITY HALL AGENDA * 1. Approval of Tuesday, January 9, 2001, Park Board Minutes 2. Welcome new Park Board members, Mike Damman and Ardis Wexler. • *3. Election of Officers. *4. Resolution of Appreciation. 5. Nomination for Mayor's All -Volunteer Awards Reception. *6. Park Board Annual Calendar. 7. Recreational Facilities Referendum and Tri -City Skate Park Update. 8. Other. *9. Adjournment. • Park Board orientation presentation after 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, Direcr Edina Park and Recreati n Department Date: February 7, 2001 Re: February 13, 2001, PARK BOARD MEETING STAFF REPORT. Enclosed you should find the following items: 1. Tuesday, February 13, 2001, Park Board Agenda. 2. Tuesday, January 9, 2001, Park Board Minutes. 3. Park Board Year 2001 Proposed Meeting Schedule. 4. Organizational Chart. 5. Current Park Board Members List. 6. Volunteer Awards Reception Information. 7. Resolution of Appreciation. STAFF REPORT The following is the monthly staff report concerning each item on the agenda with the exception of Approval of the Minutes and Other. "Other" is listed on the agenda for other information items (not requiring formal action), last minute items that may come up between now and the Park Board meeting, plus, cover any other concerns of Park Board members and/or attendees. ELECTION OF OFFICERS In accordance with City Code, the Park Board self -elects its own Chairman and Vice Chairman at its February meeting. I will accept nominations from Park Board members for the Chairman position first, followed by a vote (secret ballots will be used). After a Chairman is elected, we will use the same process for selecting a Vice Chairman. Please know that I use the term "Chairman" as an either gender term (male or female). Park Board action is requested on this agenda item. RESOLUTION OF APPRECIATION I recommend that the Park Board pass and sign a Resolution of Appreciation for Andrew Herring for his nine years of dedicated service on the Park Board, including his tenure as Chairman. 2 Park Board action is requested on this agenda item. NOMINATION FOR MAYOR'S VOLUNTEER AWARDS RECEPTION Every year, the City Council recognizes outstanding volunteers throughout the community by hosting a two-hour reception at Edinborough Park. Boards, commissions, civic groups, athletic associations, hospitals and more are offered the opportunity to recognize their special volunteers at this function. As you will note on the enclosed awards reception information, there is also an opportunity to nominate an individual or organization for one of the Mayor's commendation awards, which are also presented at this event. I encourage all Park Board members to mark their calendars to attend this special event and I also encourage the Park Board to consider recognizing a volunteer from the Park Board and/or nominating a volunteer for a Mayor's commendation award. PARK BOARD ANNUAL CALENDAR In response to the Park Board's request at the January meeting, I have enclosed a recommendation for locations and presentations at this year's Park Board meetings. Park Board action is requested on this agenda item. RECREATIONAL FACILITIES REFERENDUM AND TRI -CITY SKATE PARK UPDATE I plan to give the Park Board a brief update on the progress and process of the Blue Ribbon Committee's recommendations. I will also give a verbal update on the progress of the Tri - City Skate Park. Park Board action is not requested on this agenda item. OTHER This is an opportunity for Park Board members and residents to address other concerns. PARK BOARD NEW MEMBER ORIENTATION PRESENTATION An orientation presentation will be provided to our new Park Board members after the meeting is adjourned. Veteran Park Board members are of course welcome to attend if you so desire. It will be a power point presentation describing the Park and Recreation Department, common issues and the function of the Park Board, and member duties and responsibilities. EDINA PARK BOARD 7:30 P.M. COUNCIL CHAMBERS JANUARY 9, 2001 MEMBERS PRESENT: Tom White, Andrew Herring, Dave Fredlund, George Klus, Floyd Grabiel, Andy Finsness, Scot Housh, Linda Presthus MEMBERS ABSENT: Karla Sitek, John Murrin, Chuck Mooty STAFF PRESENT: John Keprios, Ed MacHolda, Janet Canton, Vince Cockriel, Tom Horwath I. APPROVAL OF THE DECEMBER 12, 2000 PARK BOARD MINUTES George Klus MOVED TO APPROVE THE DECEMBER 12, 2000 PARK BOARD MINUTES. Scot Housh SECONDED THE MOTION. MINUTES APPROVED. II. PARK MAINTENANCE AND FORESTRY PRESENTATIONS - VINCE COCKRIEL PARK SUPERINTENDENT OF PARK MAINTENANCE & TOM HORWATH, CITY FORESTER. Mr. Keprios indicated that Vince Cockriel, Park Superintendent is going to give a presentation that outlines the mission and function of the Park Maintenance Department. Tom Horwath, City Forester, will then give a presentation on the Forestry Department year in review. Mr. Cockriel started out his presentation by reading the Park Department's mission statement. He pointed out that within the park department they have a full-time staff consisting of one park superintendent, one park team leader/foreman, 8 people who are at a step 4 level (to which most of them have many years of park experience not only in Edina but with other cities) and one person at the step 3 level. Mr. Cockriel then explained the step program and noted that the program was instituted so that people would have a chance to move up. It's a career development program based on steps that assume more responsibility and more pay once the employee completes required educational classes and specific additional training. There are 6 attainable steps in the program. With each step there are educational, licensing and certification requirements. Mr. Herring asked if all of the employees are union to which Mr. Cockriel replied everyone is union with the exception of himself and the park foreman. He also pointed out that they do have one park custodian who is also non-union. He stated that the park custodian is a very busy person in that he has the task of keeping approximately 27 park . facilities clean and is probably one of the busiest workers they have. Mr. Cockriel indicated that the park department also has contract and seasonal park maintenance people. He noted that the two contract people are the city forester and the city weed inspector. The city weed inspector usually starts sometime around the first part of May and his task is managing weed control and/or noxious weeds within the City of Edina. Mr. Cockriel indicated that they have 30 part-time seasonal people that start work during the middle of April and usually stay through the middle of September. The part-time people help with the seasonal type operations such as the ball fields, aquatic center and extra clean-up with regards to litter pick up, etc. Mr. Cockriel pointed out that they provide turf care for 422 different grass areas that are mowed on a weekly basis and some of them more often than that such as the ballfields during the early summer months. Mr. Cockriel explained that during the middle of April every year they have a city wide spring clean-up which includes an intense cleaning of 39 parks. He noted that they try to coordinate it with the adopt -a -park program. He indicated that most of the parks have been adopted which relieves a lot of the heavy litter pick-up. Mr. Cockriel stated that they maintain and repair 27 different buildings throughout the park system that is ongoing. They also maintain 26 tennis courts and basketball courts as well as ten miles of walking and bicycle paths and 23 playground equipment sites. Mr. Cockriel pointed out that the last referendum really helped with the playground sites and with some of the tennis courts, however, there is still work to be done. Mr. Cockriel indicated that currently they are working on flooding and maintaining the ice rinks. There are 11 outdoor hockey rinks and 12 general skating rinks. He stated that the workers start right after Thanksgiving and continue until the first of March depending on the weather. They work seven days a week with the exception of Christmas Day. Mr. Herring asked how many of the rinks have asphalt underneath to which Mr. Cockriel replied three of them have asphalt; Normandale, Pamela and Lewis Park. Mr. Herring asked if the asphalt extends the life of the ice to which Mr. Cockriel replied it really varies on the type of base we get, how much use there is and what the winter has been like. If there is a good deep base, the black then does have a tendency to draw it out. Due to the typically flat surface, we get less run-off and therefore it re -freezes again and with the use of an ice shaver we can bring it right back. A flat surface is a real advantage. Mr. Cockriel stated that he also manages the water quality program for the city's lakes, streams and ponds. The program basically is used to knock the algae out of a lot of the ponds. He noted that he works more with the private type ponds and the city water holding ponds. It is more for aesthetic purposes than functional purposes. Mr. Cockriel indicated that he also administers the geese and deer management programs, which are handled in conjunction with the Minnesota Department of Natural Resources. Mr. Klus asked Mr. Cockriel if there are any other management programs for any other type of wildlife in the city. Mr. Cockriel responded that they work on a complaint basis. On 2 occasion individuals will call in regarding problems they are having with squirrels, beavers, rabbits, etc. Mr. Cockriel then explained the park maintenance budget for 2001 and then touched on a few things that have happened in the last year. He indicated that this past year the Wooddale comfort station was completed, which was a mission in itself, and turned out to be very successful. He noted that there is just a little bit of touch up work left to do this spring. Also, this year they built a new hockey rink at Weber Park. Every year they try to replace a hockey rink and they are basically on a ten-year turn -around schedule. This year they also worked on a half dozen back stops and benches. Mr. Cockriel noted that he doesn't have any predictions for the coming year because it will depend upon what happens with the city/school referendum. Ms. Presthus asked if everyone comes in at a the Step 1 level or can people come in at a higher level, because if the referendum goes through we may need more people. Mr. Cockriel replied that if there is a need for a journeyman or carpenter type of thing they do have the authority to hire someone at a higher level. He indicated that they have never had a hard time hiring good, qualified, skilled people because the City of Edina is a great place to work. Mr. Housh indicated that a lot of the proposed initiative for the referendum is on school property and therefore, some of the maintenance is going to be the school's responsibility. He asked how is that going to work. Mr. Keprios explained that the way the facilities use agreement is written, if it's accepted, all facilities located on school property would be owned, operated and maintained by the school district. All that's on city property would be the city's responsibility and essentially there is very little new additional infrastructure going on city property. Mr. Keprios stated that he thinks the majority of our additional maintenance would be the field attention, there is going to be a heavier fertilization schedule and we will also be adding more irrigation systems. Mr. Cockriel pointed out that maintenance on the new soccer fields would easily quadruple because of their very nature, they take more water, fertilization, top dressing, etc. Mr. Cockriel explained that a field that is made of clay or natural turf can still come back after a drought. However, if you don't keep up with a sand field after it's been renovated it will not come back after a drought. Mr. Keprios noted that another area where we would need more maintenance is if the keyless entry system is approved as proposed it will require a lot more year-round maintenance. Mr. Keprios pointed out that Edina's Park Maintenance Department workers are very highly skilled, they do not just cut grass and make ice. He indicated that the ice rinks they make are a design of their own and have actually become kind of the envy of the Twin Cities. He noted that he is really proud of the work that they do and it clearly shows that our maintenance staff take a lot of pride in their work. Tom Horwath, City Forester, indicated that he has served as the City Forester for the past 12 years and has also served with other metro areas in the same position for a total of 22 years of forestry experience. He pointed out that during his 22 years he has spent much • of his time controlling the spread of Dutch Elm Disease and Oak Wilt. He indicated that these two major tree diseases he controls in accordance with Minnesota State law and local tree ordinances. Mr. Horwath noted that although it has become a routine over the years he still regards Dutch Elm Disease and Oak Wilt Control as his high priority duty. He stated that he believes if it were not for the city wide sanitation efforts and other successful preservation efforts through the years a person would have to search very hard to find a single elm remaining within the city. He commented that he is sure the population of oaks would be decreased as well. Mr. Horwath pointed out that the entire metropolitan area has in fact been recognized nationally for its outstanding continued efforts on protecting elm trees. Mr. Horwath explained that compliance to removal orders of infectious trees can be an expensive sacrifice and time consuming task and he applauds the residents of Edina for their swift compliance and their understanding of the importance of this program. Mr. Horwath commented that perhaps the most rewarding of his tasks is reforestation. The importance of trees is well documented and widely known and it has been said that tree planting time is the most important time we can spend on tree care throughout the life of a tree. It is at this time that our efforts and preparation will either give a tree a good healthy start or lead the tree down a struggling path and perhaps even an untimely demise. Mr. Horwath noted that whether he is planting trees in city parks by himself or directing a planting operation, he always stresses the quality of labor during this • important time. Mr. Horwath indicated that he has detailed the number of trees he has been involved with in planting. He has noted both their species and where they have been planted in the parks. He explained that he is currently working with Tim Zimmerman, City Horticulturist, on a program to purchase a wider variety of tree species both native and exotic. He explained that in the past when purchasing trees they have relied on the stock available at the local nurseries. He noted that in his opinion the end result has been an over abundance of usual types of trees. He stated that this will make the parks an even more interesting place to visit and enjoy. Mr. Horwath pointed out that another pest of recent introduction into the city's forestry management program is buckthorn control, which recently has been added to the Minnesota State Noxious Weed list. He noted that all of the state nurseries have agreed to stop selling all varieties of this tree. He stated that on some selective sites this past year he has removed countless buckthorn shrubs. He noted that Mr. Zimmerman and himself took an area by Arneson Acres and pulled the buckthorn out by the roots and made a woodchip trail and introduced some native woodland flowers and shrubs. He noted that this area was transformed from an uninviting rebel collecting lot to a welcome addition to the parks. He commented that is proof that small steps in this overwhelming path can go a long way. Mr. Horwath stated that currently he is researching and experimenting on various methods of buckthorn eradication. He explained that this plant will re -sprout profusely if simply cut at ground level making for even worse conditions. Mr. Horwath explained that during this past fall and winter he has been conducting roadside vegetation inspections and sending trimming notices to residents. He indicated 4 that he is asking residents to comply with city ordinances regarding the necessary trimming or removal of weeds, trunks or trees growing into the streets from along their boulevards for public safety purposes. He noted that ordinarily the city administers a tree trimming program by competitive bid selection of a tree company to trim all boulevard trees which are in need within a selected area of the city. The residents also have the opportunity to do it themselves or select their own company if they wish. Residents are charged on a per diameter basis for the trimmers. Mr. Horwath pointed out that weeds, shrubs and trees on and off the boulevard all need maintenance to keep vegetation from dangerously encroaching into the streets. He commented that to date he has mailed approximately 300 notices to which the compliance are going very well. He noted that in addition to outlying compliance specifications as specifically as possible he also includes up-to-date proper trimming information, encouraging both trimming for public safety and aesthetic purposes. Mr. Horwath pointed out that he has responded to approximately 1,000 calls from Edina residents. He explained that time permitting he is available for on -sight tree inspections of any species of tree, disease identification and control measures as well as offers general advice to many matters relating to the resident's trees. Mr. Klus indicated that he has noticed that on some of the middle islands by Highlands there are some trees that are coming to the end of their mature life and asked if there are any thoughts on replacing those trees. Mr. Keprios replied that is something they can take a look at, reforestation on some of those islands. Mr. Cockriel stated that they have tried to encourage neighborhood committees/groups to propose to us what they would like to see done. Some of the neighborhoods have been contributing to some of the maintenance and cost. Mr. Cockriel noted that they try to stay away from anything high maintenance because they don't have the staff to maintain it. Mr. Klus asked Mr. Cockriel if he understands correctly that he would rather have the neighborhood ask to have trees taken out and indicate what they would like to see put in its place. Mr. Cockriel replied that is correct, he would like it to come from the neighborhood. Mr. Herring asked if there is a buckthorn problem at Bredesen Park to which Mr. Horwath responded he is certain it is all over Bredesen. He commented that buckthorn is pretty much a problem all over the eastern half of the nation. Ms. Presthus asked if she understands correctly that the city forester will go to a resident's private property and tell them what is wrong with their tree. Mr. Horwath replied that is correct, however, it is on a time -permitting basis. Mr. Housh asked Mr. Horwath if he assesses the homeowners for the cost of his time or is it a service that the city provides. Mr. Horwath responded there is no cost for the inspections, it continues to be a service the city provides. III. PARK BOARD ANNUAL CALENDAR AND 7:00 P.M. START TIME Mr. Keprios indicated that he would like the Park Board meetings to start at 7:00 p.m. instead of 7:30 p.m. He noted that all of the other boards and commissions meet at 7:00 . p.m. and stated that he feels now is a good time to address this with new board members starting. Floyd Grabiel MOVED TO APPROVE THE 7:00 P.M. START TIME FOR PARK BOARD MEETINGS. Linda Presthus SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mr. Keprios commented that during the past year all 13 athletic associations have given a presentation to the Park Board. He asked the Park Board how they would feel if all of the presidents attended the same meeting this year to address perhaps some common issues rather than meeting with all 13 associations at different times again. Mr. White indicated that he doesn't know if they could all do a presentation in one night. Mr. Keprios noted that he would meet with the associations ahead of time to determine what topics they would like to have discussed to maximize the Park Board's time. Mr. White agreed that he thinks that would be very productive. Mr. Keprios indicated that if there are any other suggestions or items that any Park Board member would like to see in the coming year to let him know. Ms. Presthus asked why miniature golf wasn't listed to which Mr. Keprios responded that he took that out because it hasn't been well attended the last few years. Mr. White stated that he thought having meetings at different sites was a good idea because it let the board members see what is out there. Mr. Keprios indicated that this year there will be a meeting at Braemar Arena. It was then suggested to also have meetings at some of the new comfort stations, Arneson Acres and possibly Edinborough Park. Mr. Keprios indicated that he will suggest some ideas at the next Park Board meeting. IV. BLUE RIBBON COMMITTEE UPDATE AND PRESENTATION Mr. Keprios explained that the reason he has this on the agenda is he would like some feedback from the Park Board on the power point presentation he will be presenting to the City Council next Tuesday night. He noted he would like to hear some constructive criticism. Mr. Keprios then pointed out that Susie Miller, Adaptive Recreation Supervisor, has been a tremendous help in putting together this power point presentation. At this time Mr. Keprios went through a power point slide presentation on what is being proposed by the Blue Ribbon Committee. Mr. Herring asked if the City Council wants a recommendation from the Park Board to which Mr. White responded he thought Park Board already gave a recommendation to the City Council. Mr. Keprios stated that he thinks the City Council would like to have the Park Board's input, however, he doesn't think they are looking for anything specific other than comments at this time. V. OTHER A. Andy Herring - Mr. Keprios indicated that this is Mr. Herring's last meeting and noted that he will be duly recognized by the City Council at the Board and Commissions meeting for the nine years he has served on the Park Board. Mr. Keprios noted that Chuck Mooty has regretfully resigned from the Park Board. Because of a new position Mr. Mooty is taking he doesn't feel he can give the Park Board the time he would like to. It was noted that there will be three openings on the Park Board, one of which will probably be a youth member serving a two-year term. The Mayor and Council have not yet taken any formal action on the Park Board's recommendation but it appears as though there is support for the concept. Mr. Herring pointed out that the program "Connecting With Kids" is looking for someone to work with their steering committee from the Park Board since he is stepping down. Mr. Herring indicated that he has two things he wants to share. Number one, he has really enjoyed his time on the Park Board, it has absolutely been terrific. He noted that the thing he gets the biggest kick out of is the volunteers. There are so many volunteers in so many different areas and that really gives him a big charge. He noted that the second thing is staff. He was here during the Bob Kojetin days and he has been here with John Keprios for several years and Edina really has an outstanding staff. Mr. Herring then thanked everyone. Mr. Klus stated that the Park Board really thanks Andy Herring, Chuck Mooty and Scot Housh for all of their time and efforts that they have put into the Park Board over the years. He noted that they have all learned so much and he would like to recognize these board members and thank them for their time and efforts. B. Dog Park - Mr. Klus asked if the dog park issue is coming back to the Park Board sometime in the future. Mr. Keprios explained that the City Manager, Chief of Police and himself recently met with staff from St. Louis Park. He noted that collectively they drafted a new memo to the Minneapolis Park Board yesterday with several mandates that must fall into place to put Edina and St. Louis Park at ease with enforcement issues, parking, maintenance, and a hold harmless clause. He indicated that he is doubtful that the Minneapolis Park Board will be able to meet all the demands. However, the ball is back in their court and we are going to have to wait for a response. VI. ADJOURNMENT George Klus MOVED THE ADJOURN THE MEETING AT 9:50 P.M. Tom White SECONDED THE MOTION. MEETING ADJOURNED. 7 PROPOSED YEAR 2001 PARK BOARD MEETING SCHEDULE DRAFT 2-7-01 November 13 Arneson Acres Park December 11 City Hall PRESENTATIONS BY Maintenance & Forestry Depts. John (Park Board Orientation) John Valliere & Todd Anderson Diana Hedges Athletic Association Presidents Ed MacHolda (Pool) INSPECTION TOUR (no formal meeting) Tom Shirley & Ann Kattreh Larry Thayer Susie Miller, Adap. Rec. Sup. Garden Council/Historical Soc. Donna Tilsner, Rec. Sup. MEETING DATE LOCATION January 9 City Hall February 13 City Hall March 13 Braemar Golf Course April 10 Edina Art Center May 8 City Hall June 12 General Park Tour July 10 Braemar Golf Course August 14 Centennial Lakes Park ieptember 11 Braemar Arena October 9 City Hall November 13 Arneson Acres Park December 11 City Hall PRESENTATIONS BY Maintenance & Forestry Depts. John (Park Board Orientation) John Valliere & Todd Anderson Diana Hedges Athletic Association Presidents Ed MacHolda (Pool) INSPECTION TOUR (no formal meeting) Tom Shirley & Ann Kattreh Larry Thayer Susie Miller, Adap. Rec. Sup. Garden Council/Historical Soc. Donna Tilsner, Rec. Sup. 6 haw IS WjQ a°i o�n� U �QC7 Via, .a � w Pci O •� ti c cn `n3 �eC7CF 0 b o O b c ¢ t) Z 0 o H °A o Pa y Z aZ x a� wpb � .cn > F o o� W O •� ti c cn `n3 �eC7CF 0 b o O b c ¢ t) Z 0 o H °A RESOLUTION OF APPRECIATION WHEREAS, ANDREW HERRING has served as a member of the Edina Park Board for 9 years since November 1991 to January 2001; and WHEREAS, during this time ANDREW HERRING has given of his time and efforts toward the continued growth and development of the Edina Park System; NOW, THEREFORE, BE IT RESOLVED that the Edina Park Board expresses sincere appreciation for the most generous contributions of ANDREW HERRING to the City of Edina in his capacity as a member of the Edina Park Board; and BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be transmitted to • ANDREW HERRING in recognition of his service on the Edina Park Board. ADOPTED THIS 13TH DAY OF FEBRUARY, 2001. EDINA PARK BOARD Draft of 2/09/01 JOINT POWERS AGREEMENT Dated as of 12001 This Agreement is made on May _, 2000, between Independent School District No. 273, a Minnesota public corporation (the "District"), and the City of Edina, a Minnesota municipal corporation (the "City"). 1. PURPOSE The District and the City have determined that is in the best interests of the residents of the District and the City to undertake in a cooperative fashion the provision and upgrade of certain public recreational, social and cultural facilities to be owned by the District (the "Project"). The goal of the District and the City is to provide for the use of the facilities by members of the community in a manner that is more cost effective and accessible than if such facilities were duplicated by the District and the City. The purpose of this agreement is to set forth the terms governing the design and construction of the Project and the ownership, operation, maintenance, and sale of the resulting facilities. The overall guiding principle embodied in this agreement is the mutual desire of the District and the City to maximize the use of the facilities resulting from the Project by all members of the District's and City's respective constituencies. This agreement is made pursuant to Minnesota Statutes, Section 471.59. 2. JOINT POWERS ORGANIZATION 2.1 To provide for the design and construction of the Project the District and the City agree to establish an organization to be known as the Edina Joint Powers Organization (the "JPO"). The JPO shall be responsible for the design and construction of the Project as provided herein. 2.2 The JPO shall be governed by a Board (the "Board") consisting of eight members. The District and the City shall each appoint two members of its governing body to serve as voting members of the Board and shall appoint members of its governing body to serve as their alternates. The District and the City shall each appoint two additional ex officio members to the Board, who need not be members of their governing bodies. Members of the Board and their alternates shall serve without compensation. Each member of the Board and alternates shall serve until a successor is appointed and assumes his or her responsibilities. Members of the Board and alternates shall serve at the pleasure of the District in the case of members and alternates appointed by the District, and the City in the case of members and alternates appointed by the City. A vacancy on the Board shall be filled by the party whose position on the Board is vacant. 2.3 Each voting member of the Board shall have one vote. The Board shall act by majority vote of all voting members of the Board at a meeting duly called upon notice as prescribed by Minnesota Statutes, Section 471.705. All 4 voting members of the Board shall constitute a quorum for the transaction by the Board of any business. 2.4 The officers of the JPO shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected annually by the Board and shall hold office until his/her successor takes office, earlier disqualification, death, resignation or renewal. All officers must be voting members of the Board. The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Board. The Vice Chair shall act as Chair in the absence of the Chair. The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Board. He/she shall have custody of the Board's funds, shall pay its bills, shall keep its financial records, and generally conduct the financial affairs of the JPO. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Board. All checks issued on behalf of the JPO shall be approved by the Board and signed by the Secretary/Treasurer and one other member of the Board. The Secretary/Treasurer shall be a member of the Board appointed by the City. The JPO shall obtain a fidelity bond or other insurance to cover all persons authorized to handle funds of the JPO. 2.5 The JPO shall terminate upon the final completion of the construction of the Project and payment of all costs thereof or upon such earlier date as this Agreement shall terminate pursuant to Section 11.2 hereof. 3. PROJECT 3.1 The Project shall consist of the facilities identified in Exhibit A hereto, subject to modification as provided herein. 3.2 The costs of the Project will be financed primarily by general obligation bonds issued by the City pursuant to Minnesota Statutes, Chapter 475, if authorized at an election to be held by the City no later than May 29, 2001. The City will also include in the election authorization to issue general obligation bonds for improvements to City parks and recreation facilities which shall not be part of the Project and shall not be subject to this Agreement. If the election passes the City intends to issue bonds in the estimated principal amount of $ . Such amount will be based on the estimated amount of the cost of the Project (less costs to be paid by the District as provided in Section 7.4 hereof) plus (i) amounts authorized for improvements to City parks and (ii) bond discount, bond counsel fees, financial advisory fees, rating agency fees and other costs and expenses incurred by the City in issuing the bonds. The decision to issue the bonds and the timing and structure thereof rests solely with the City. However, bonds shall be sold on a schedule that assures that funds are available to the City to adequately pay bills as costs are incurred in design and construction of the Project. 4. OWNERSHIP 4.1 The Project will be constructed on property owned by the District. The District agrees that this property is available for the construction of the Project and will permit the JPO to construct the Project on such property. The District agrees to permit access to its property and facilities to the extent necessary to permit the construction of the Project and to allow vehicles associated with the construction of the Project to park on the property owned by the District subject to reasonable regulation of such parking by the District so as not to conflict with any activities carried on by the District in such facilities. 4.2 The facilities to be constructed as part of the Project will be owned by the District and the District will make the facilities available for community use as provided in the Facility Use -2- ® Agreement between the District and the City attached as Exhibit B hereto to be executed by the City and the District simultaneously with the execution and delivery of this Agreement. 5. DESIGN 5.1 The City and the District have undertaken a predesign study prepared by TSP One, Inc. dated , 2001 (collectively referred to as the "Predesign Study"). The JPO will promptly proceed to retain project architects for the purpose of preparing preliminary plans and design development drawings for the Project based upon the Predesign Study. Following completion of these drawings and following successful passage of the election, the JPO will file an application for a conditional use permit pursuant to the Edina City Code. If the conditional use permit is approved, the JPO will authorize the project architects to proceed with construction plans and specifications. The construction plans will also include a cost estimate. The final cost estimate will include all costs associated with the Project, including, but not limited to, design fees as well as a contingency budget for unforeseeable circumstances associated with the construction. Final construction plans, specifications and cost estimates will be submitted to both the City and the District for City Council and School Board approval. The JPO will comply with any requirements of Minnesota law with respect to approvals of such plans and specifications by the Commissioner of Children, Families and Learning, since the facilities to be constructed as part of the Project will take place on property of the District. The City may charge the JPO its customary fees for the review of plans and specifications, the issuance of permits and inspection of work on the Project in accordance with the Uniform Building Code. 6. CONSTRUCTION 6.1 If final construction plans and specifications are approved by the City Council and School Board, the City Council has authorized the issuance of the bonds sufficient to fund the Project, and state and local approvals have been obtained, then the JPO shall proceed with construction of the Project. The JPO will advertise forbids in accordance with the requirements of the municipal contracting law. The JPO shall retain an independent construction manager for the Project who will oversee all construction bidding and processing of payments. 6.2 Prior to awarding construction contracts the JPO will review the bids received with the District and City. If the contracts exceed the cost estimates contained in the construction plans (including a contingency budget) previously approved by the District and the City, the JPO shall eliminate or modify the proposed contracts in order that the contracts awarded do not exceed the costs estimates contained in the construction plans previously approved by the District and the City. If the JPO is unable to agree upon such contract elimination or modifications, the City shall so decide and the JPO shall thereupon proceed with the Project as modified by the City. However, any such modification of the Project by the City shall be subject to the following limitations: (a) The City may not modify any of the District -only facilities referenced in Section 7.4 hereof without the District's consent; (b) The City may not, without the District's consent, make Project modifications that would adversely impact the District's instruction of students; and -3- (c) The City may not, without the District's consent, make Project modifications that would adversely impact the health, safety, or security of District students or staff. Any disputes regarding the application of (a), (b) or (c) above shall be resolved through the dispute resolution process contained in Article 8 hereof. 6.3 The JPO will be the contracting party and will use ordinary and prudent efforts to require that the Project is constructed in compliance with approved plans and specifications and completed with all reasonable promptness in accordance with the schedule prepared by the architect. During construction, representatives of the City will be given access to the construction site at all reasonable times. 6.4 The JPO must notify the City and the District of all change orders and must obtain the District's and the City's written authorization before approving any change order which increases the cost of any individual construction contract for the Project by more than 10% of the original amount thereof or which materially changes the scope of the Project, or a subproject. However, prior written authorization is not necessary if the charge order presents imminent health/safety issues making prior authorization impactical. In such cases, the change order shall be seasonably presented to the City and District for ratification. The City or the District must not unreasonably withhold its consent to change orders resulting from unforeseen circumstances arising from the construction. 7. PAYMENT OF COSTS OF PROJECT 7.1 The District and the City have agreed that the City shall pay all of the costs of the election to be held by the City for the issuance of general obligation bonds for the Project and, that the District shall pay the costs of the public opinion survey undertaken by Decision Resources. The District and the City have each incurred costs for various predesign studies with respect to the Project. If the general obligation bonds for the Project are not issued, the District and the City shall each bear their respective costs. If the general obligation bonds for the Project are issued by the City, the City will reimburse the District for costs paid by the District for the public opinion survey and for predesign study costs. Except as provided in Section 7.2 hereof, any costs incurred by the JPO prior to the issuance of the bonds will be borne equally by the parties. The parties agree that with the exception of permits and inspection fees under Section 5. 1, no costs of District or City staff time will constitute Project costs. 7.2 If the general obligation bonds are authorized by the voters of the City the City will pay the costs of the preparation by the project architects of the construction plans and specifications for the Project, all costs related to obtaining all necessary permits and approvals for the Project, and all other costs associated with the Project. If the City thereafter determines to not issue the bonds for the Project the City shall nevertheless be liable for the payment of such Project costs which are incurred up to the date the City notifies the District that it does not intend to issue the bonds for the Project. 7.3 Upon issuance of the bonds the City will pay to the JPO the portion thereof to be applied to pay the cost of the Project, less (i) amounts to be applied to reimburse the City for Project costs previously paid by the City, (ii) amounts to be paid by the City to the District to reimburse the District for costs paid by the District for the public opinion survey and Predesign Study as provided in Section 7.1 hereof, and (iii) amounts to be applied to pay the costs of issuance of the bonds. The JPO shall deposit the amounts paid to it by the City in a separate bookkeeping account and invest such amounts in -4- accordance with Minnesota Statutes, Chapter 118A, and such amounts together with investment income thereon shall be applied by the JPO to pay costs of the Project (other than costs thereof to be paid with moneys of the District as provided in Section 7.4 hereof). Upon completion of the Project and payment of all costs thereof any amounts remaining in such account shall be paid to the City. Within 20 days of the end of each calendar month the JPO shall provide a statement to the District and the City showing the balance in such account and amounts paid from such account for the Project during the prior calendar month. 7.4. A portion of the facilities to be constructed as part of the Project will be used by the District and will not be available for City use, and costs of construction of such facilities may not be paid from proceeds of the bonds issued by the City for the Project. Such facilities have presently been identified to include space below the Concord Elementary School addition which is to be used as classroom space by the District, space within the Community Center locker room area which will be reserved for exclusive District use, Normandale playground improvements, and the health and safety portion of Kuhlman Stadium. As design of the Project proceeds additional facilities to be constructed as part of the Project that are not available for City use may be identified. If reasonably possible, the Project shall be bid so that the cost of these facilities is separately identified. If not possible to separately identify the cost, the construction manager for the Project will make a determination of the allocable cost of such District facilities, which shall include an allocation for construction of the space below the Concord School addition, and furnish such determination to the District and the City for approval. If such allocation is approved by the City and the District the District shall pay to the JPO such allocable cost prior to the payment by the JPO of such costs. In addition, the District shall pay to the JPO $ for costs of renovation of the bleachers at Kuhlman Field. Amounts paid by the District to the JPO shall be separately accounted for by the JPO. 7.5 The parties recognize that the ultimate cost of the Project, despite the operation of Articles 6.2 and 6.4 hereof, may exceed the Project Budget. The parties agree to share in the extra expenses as follows: If the overall Project budget is exceeded, the JPO will analyze the nature of the cost overrun and the reasons for the overrun. The JPO will proceed to develop a proposed allocation apportioning the additional cost between the City and the District. This apportionment will be submitted to the City and the District for approval. If not approved by both parties, the question of the allocation of overruns shall be resolved by the dispute resolution process set forth in Article 8 hereof. 8. DISPUTE RESOLUTION 8.1 If a dispute arises between the District and the City regarding this agreement or if the JPO is unable to reach a majority vote on any matter under its jurisdiction, the members of the Board must promptly meet and attempt in good faith to negotiate a resolution of the dispute. 8.2 If the parties have not negotiated a resolution of the dispute within 30 days after this meeting, the District and the City may jointly select a mediator to facilitate further discussion. 8.3 If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, the dispute will be submitted to binding arbitration before a panel of three arbitrators in accordance with the commercial arbitration rules of the American Arbitration Association, except that disputes involving an amount less than $25,000 will be submitted to a single arbitrator. -5- 8.4 The District and the City will equally share the costs of conducting any mediation or arbitration, excluding each party's cost for preparation of its own case. 8.5 In addition to the dispute resolution, mechanisms contained in this section, each party may seek specific performance of the other party's obligations under this agreement. 9. GROUND LEASE 9.1 The District shall lease to the JPO those District lands on which the Project components will be built. The lease shall be for $1.00. The lease shall be for purposes of construction of the facilities, reserving to the District all other uses. The lease(s) shall terminate on final completion of the Proj ect. 10. LIABILITY, INSURANCE 10.1 The JPO will obtain sufficient insurance (in accordance with prevailing community standards) to protect the parties' exposures to loss and liability during the time of facility construction. This insurance and payment of any deductibles will be part of the cost of the Project. 10.2 Once the facility is constructed and occupied, the District will obtain sufficient property and casualty insurance (in accordance with prevailing community standards) to cover the replacement cost of the resulting facilities and its contents. 11. SALE OF FACILITY 11.1 In consideration of the contribution by the City for the capital costs of the Project, the District agrees that it may not sell its interest in the resulting facilities, render them unusable or unavailable for community use or materially alter the facilities until at least 30 years following completion of the Project without the City's prior approval. Following the expiration of such 30 year period the City shall have the option to acquire any of such facilities from the District for $1 if the facilities are offered for sale by the District or abandoned by the District. This option to purchase the facilities by the City if offered for sale by the District shall expire on the 40`h anniversary of the completion of the Project. 11.2 Any dispute regarding matters covered by Section 11.1 will be resolved pursuant to the dispute resolution procedures in Section 6. 12. GENERAL PROVISIONS. 12.1 All notices under this agreement must be delivered personally or sent by first class mail addressed to: If to the District: Superintendent I.S.D. No. 273 5701 Normandale Boulevard Edina, MN 55424 -6- If to the City: City Manager City of Edina 4801 West 50`h Street Edina, MN 55424 or addressed to such party at such other address as such party shall hereafter furnish by notice to the other party. 12.2 This Agreement shall terminate if (i) the general obligation bonds of the City are not authorized for the Project by an election held by the City on or before May 29, 2001, (ii) if such bonds are authorized, the City notifies the District that it has determined not to issue the bonds for the Project; or (iii) if either the District or the City fails to approve the construction plans for the Project. 12.3 This Agreement may be amended only in writing, executed by the proper representatives of both parties. 12.4 This Agreement must be interpreted under the laws of the State of Minnesota. Date: INDEPENDENT SCHOOL DISTRICT NO. 273 Date: By: Its Board Chair Its Board Clerk CITY OF EDINA By: Its Mayor And: -7- Its City Manager ,r FACILITIES USE AGREEMENT between CITY OF EDINA, MINNESOTA and INDEPENDENT SCHOOL DISTRICT NO. 273 (EDINA), MINNESOTA Dated , 2001 ® FACILITIES USE AGREEMENT THIS FACILITIES USE AGREEMENT (the "Agreement") made this day of 2001 by and between the CITY OF EDINA a Minnesota municipal corporation (the "City"), and INDEPENDENT SCHOOL DISTRICT NO. 273 (EDINA), MINNESOTA, an independent school district created and existing under the laws of the State of Minnesota (the "District"). RECITALS WHEREAS, the City and the District have determined that it is in the best interests of the residents of the City and the District to undertake, in a cooperative fashion, the provision and upgrade of certain public recreational, social, and cultural facilities (collectively, the "Facilities") as more fully described and set forth in Exhibit A attached hereto and capitalized terms used herein and not otherwise defined herein shall have the meaning given to them in Exhibit A; WHEREAS, the City and the District have determined that it is more economical and efficient for the District to operate the Facilities for the benefit of both parties rather than for each to operate their own facilities separately; WHEREAS, the City and the District agree that the Facilities will be used for educational, recreational, athletic programs, and community-based activities, and other related activities as more fully described herein; WHEREAS, the City and the District have entered into an Agreement regarding the scope, financing, construction, and ownership of the Facilities; WHEREAS, the City and the District desire to maximize the use of the Facilities by all residents of the City and the District; WHEREAS, this Agreement sets forth the rights and obligations of the City and the District relating to the joint use of the Facilities; WHEREAS, the City and the District have authority to enter into this Agreement and to take all actions required of it hereby, and has taken all actions necessary to authorize the execution and delivery of this Agreement. WITNESSETH THAT, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: ARTICLE I Joint Use 1.01. Joint Use. The City and the District shall jointly use the Facilities in accordance with the terms and conditions set forth herein. 1.02. Term. This Agreement shall be for a term of 30 years commencing on the date of substantial completion of the Facilities. 1.03. Calendar. The City and the District agree to prepare a calendar of activities and programs for use of the Facilities for each six month period ending on June 30 and December 31. Such calendar shall be prepared no later than 45 days prior to the commencement of such six month period. Preparation of such calendars shall not eliminate the requirement of all users of Facilities to complete a District Building use Permit form. 1.04. Use and Scheduling. a. The prioritization to be followed by the City and the District for the use of the Facilities in establishing the semi-annual calendar on all days that are not in the District's school year and on all days during the District's school year that classes are scheduled to not be in session shall be as follows: (1) City - sponsored events; (2) jointly -sponsored events; (3) District -sponsored events and (4) other programs/private rentals. On days classes are scheduled to be in session during the District's school year, the following prioritization shall be followed by the City and the District for establishing the semi-annual calender: Prior to 6:00 P.M. District -sponsored events Jointly -sponsored events City -sponsored events Other programs/private rental After 6:00 P.M. City -sponsored events Jointly -sponsored events District -sponsored events Other programs/private rental b. The parties recognize that there may be days on the semiannual calendar where no activities are scheduled. In order to maximize the use of the Facilities, the City and the District agree that the other party may schedule use of the Facilities during the other party's priority hours, with the other party's consent. Such consent may not be unreasonably withheld if time is available. -2- Notwithstanding anything herein to the contrary, the District may preempt a City -sponsored program during the City's priority time for District -sponsored events of a special nature such as athletic contests, tournaments, concerts, community services activities, proms and graduation exercises. These events shall be included in the calendar prepared pursuant to Section 1.03 of this Agreement. The District and/or the City may not include dates in the semi- annual calendar of activities and programs for the purpose of holding dates in reserve, with the exception the District may include in the semi-annual calendar dates where Facilities are reserved for potential post -season athletic playoff competitions. The District has the right to preempt a City -sponsored program or activity only in the case when the District has made a determination, in accordance with Minnesota State High School League rules, that the time or location of an extra curricular activity or contest must be rescheduled. In all other cases, the City agrees to use its best efforts, but is not obligated, to schedule the preempted City activity into other City or available District facilities. Once a semi-annual calendar is prepared pursuant to Section 1.03 hereof is mutually agreed upon, and even after remaining times are later scheduled by either the District or the City (regardless of priority use times) neither the District or the City is obligated to accommodate a preemption for those scheduled activities, with the exception of the Minnesota State High School League mandate referred to above. d. Subject to other provisions of the Agreement, the City will have reasonable access to the Facilities during its priority use time. Subject to the other provisions of the Agreement, the District agrees to make the Facilities other than the swimming pools at Valley View Middle School and South View Middle School available for community use on a year round basis and permit scheduling of community activities seven days a week, including national legal and District holidays. For purposes of this Agreement, District holidays are defined as those annual holidays observed by the District that result in District clerical and/or custodial staff holidays, which fluctuate from year to year as negotiated by union contract. As outlined in Article III, the District may charge City -sponsored groups and individual additional fees for activities scheduled on national, legal and District holidays. The District agrees to make the swimming pools available for City -sponsored events during the City priority times specified in a. above. The expected hours for community use the Facilities will extend to 10:00 P.M. every day, except holidays. g. On Sunday morning City -sponsored groups may use the Facilities only for tournament play. On Sunday afternoons, utilization of the Facilities will be limited to activities scheduled in the semi-annual calendar. Activities -3- scheduled on Sunday afternoons after the semi-annual calendar is established are subject to availability of District custodial staff and will be subject to additional fees. h. The District may not charge user fees for the City -sponsored activities in any of the Facilities except as provided in Article III hereof. 1.05. Parking and Roads. The District will permit the City, and its employees, agents and invitees to use the internal roadway systems and parking lots for access to the Facilities, and to use the parking lots of the District adjacent to the Facilities for parking purposes, subject to the District's reasonable rules and regulations. 1.06. Meetin . The City and the District shall meet at least semi-annually to review the schedule regarding use of the Facilities. 1.07. Alcohol and Tobacco Policy. The Facilities shall be treated as "school ground" as contemplated by the alcohol control provisions of Minnesota Statutes, Section 624.701; that the District's alcohol and tobacco policies and regulations, and any additions or amendments thereto, shall apply to the Facilities; that the area should be appropriately posted; and that the City shall withhold access from groups for alcohol or tobacco violations. ARTICLE II Ownership and Maintenance of Facilities 2.01. Ownership. The District will be the owner of the Facilities, subject to the rights and obligations of the parties set forth in this Agreement. 2.02. Maintenance and Upkeep. The District will be responsible for all maintenance, repairs, replacement and upkeep of the Facilities necessary to keep the Facilities in good repair and clean condition. The District shall also maintain the internal roadway systems and parking areas used in connection with the Facilities, including snow plowing. Standards of maintenance shall be determined by the District. 2.03. Operating Cost and Utilities. The District will be responsible for all operating costs relating to the Facilities, including providing and paying for all electric, heat, phone, water, sewer, trash removal and other utilities and services. The District will maintain adequate temperatures in the Facilities during the City's use time to allow comfortable use of the Facilities by the City. 2.04. Insurance. The District will at its expense insure the Facilities, fixtures, and furnishings therein against loss or damage by fire and loss or damage by such other risks and in such amounts, with such deductible provisions, in accordance with prevailing community standards and the District shall carry and maintain, and pay timely the premiums for, with respect to the Facilities, fixtures and furnishings therein, direct damage insurance covering all risks of loss on a replacement cost basis in an amount equivalent to the full insurable value thereof. Each 0 party will obtain and maintain during the term of this Agreement a comprehensive liability insurance policy in at least the amounts specified as to the extent of liability under Minnesota Statutes, Section 466.04. The District will be named as an additional insured on the City's policy and the City will be named an additional insured on the District's policy. Each party shall furnish to the other party a certificate of insurance documenting the required coverage. 2.05. Damage or Destruction. Upon any damage or destruction of any of the Facilities by fire or other casualty, the District shall within one hundred twenty (120) days after such damage or destruction, commence the process required to repair, reconstruct and restore the damaged Facilities to substantially the same condition or utility value as existed prior to the event causing such damage or destruction and shall diligently pursue such repair, reconstruction and restoration. ARTICLE III Charge for Use of Certain Facilities 3.01. Dome. The District shall be entitled to charge user fees for the use of the Dome for City -sponsored activities including City Park and Recreation Department offerings and programs sponsored by City affiliated athletic associations. The District will establish hourly rates for the use of the Dome for such offerings and programs which rates shall be proportional to the time actually scheduled for such offerings and programs. The District shall operate and administer all operations of the Dome for all hours, including set-up, take-down, storage, snow ® removal, and supervisory staff. It is the intent hereof that the District will absorb all costs of operating the Dome that are not attributable to such City related offerings and programs. The hourly rate established by the District shall be based upon the actual direct costs of personnel assigned to the Dome, utility costs and supplies necessary to operate the Dome. The intent is to minimize the expense per hour for City -sponsored and District -sponsored events and to charge all other private rentals at market value rates. The facility use fee shall be the same for both District -sponsored uses and City -sponsored uses. The District may charge groups and individuals holding City -sponsored events additional fees for activities scheduled on national, legal or District holidays. 3.02. ECC Auditorium and Black Box Theater. Groups or individuals holding a City - sponsored event in the ECC Auditorium or the Black Box Theater may charge a fee to groups and/or individuals who attend such event. The District may charge a group or individual holding a City -sponsored event for services that are above and beyond routine maintenance of the ECC Auditorium and related space and the Black Box Theater and related space. Picking up refuse, sweeping and cleaning floors, vacuuming carpets, and securing the facility (turning off lights, locking doors etc.) at the end of a performance (including weekends) shall be considered routine maintenance, if the event is identified in the semi-annual calendar prepared pursuant to Section 1.03 hereof. Any additional costs for services, such as the need for additional security staff or ticket sales/collection staff, stage managers, and light and sound operators and for custodial services for events not in the semi-annual calendar prepared pursuant to Section 1.03 hereof, -5- shall be paid by the group or individual holding a City -sponsored event. The District may charge groups and individuals holding City -sponsored events additional fees for activities scheduled on national, legal or District holidays. 3.03. Swimming Pools. The District shall be entitled to charge user fees for the use of the South View Middle School pool and the Valley View Middle School pool for City -sponsored activities, including City Park and Recreation Department offerings and programs sponsored by the Edina Swim Club. The District will establish hourly rates for the use of the two pools for such offerings and programs which rates shall be proportional to the time actually scheduled for such offerings and programs. It is the intent hereof that the District will absorb all costs of operating the pools that are not attributable to such City related offerings and programs. This Agreement does not preclude the District from charging individuals a daily admission fee for use of the pools when not used for City related offerings and programs. The hourly rate established by the District shall be based upon the actual direct costs of personnel assigned to the pools, utility costs and supplies necessary to operate the pools. The District may charge group and individual holiday City -sponsored events additional fees for activities scheduled on national, legal, and District holidays. 3.04. Kuhlman Field. Scheduled City -sponsored groups shall have access to the use of the Kuhlman Field when the Dome is not in use at no charge, which use shall include use of field lighting, bleachers, and track. The concessions stands, the scoreboard, the announcement booth and ticket booth at Kuhlman Field will be accessible only for tournaments. The District may charge City -sponsored events additional fees for activities scheduled on national, legal, and District holidays. 3.05. Gymnasiums. Included in the Facilities are the Concord Gymnasium, South View Middle School Gymnasiums and the Valley View Middle School Gymnasiums, which are new gymnasiums to be constructed. The City and District agree that the District may charge users fees to compensate the District for the incremental additional cost to the District related to these new gymnasiums. However, in order to equalize charges by the District for use of all gymnasiums of the District for City -sponsored activities, including City Park and Recreation Department offerings and programs sponsored by City -affiliated athletic associations, the City desires that such incremental additional cost of the new gymnasiums be recovered through user fees for the use of all of the gymnasiums of the District. Therefore, the City and District agree that the District shall be entitled to charge user fees for the use of all of its gymnasiums, including, but not limited to, the gymnasiums included as part of the Facilities, for City - sponsored activities including City Park and Recreation Department offerings and programs sponsored by City -affiliated athletic associations. The District will establish hourly rates for the use of its gymnasiums for such offerings and programs which rates shall be proportional to the time actually scheduled for such offerings and programs. It is the intent hereof that the District will absorb all costs of operating the gymnasiums that are not attributable to such City related offerings and programs. The hourly rate established by the District for the use of the gymnasiums shall be based upon the additional incremental cost to the District of personnel assigned to the new Concord Gymnasium, South View Middle School Gymnasiums and Valley View Middle School Gymnasiums and utility costs and supplies necessary to operate the new I on Concord Gymnasium, South View Middle School Gymnasiums and Valley View Middle School Gymnasiums. The District shall provide all necessary maintenance and supervisory staff needed to operate the gymnasiums during City -sponsored events, with the exception of concessions staff and additional supervisory and security staff. The District may charge groups and individuals holding City -sponsored events additional fees for activities scheduled on national, legal or District holidays. ARTICLE IV Turf Maintenance of Outdoor Athletic Field 4.01. Turf Maintenance. The District shall provide turf maintenance on all Outdoor Athletic Fields. However, for City -sponsored events the District will not be responsible for infield preparation for baseball and softball fields prior to games (i.e. dragging infield surface, chalking foul lines and batter's box), and painting field lines for all other field sports, such as, soccer, football, lacrosse, rugby, etc. Standards of turf maintenance shall be determined by the District. 4.02 Place of Fields on Rest. It is agreed to by both the District and the City that none of the Outdoor Athletic Fields will be placed on rest (i.e., not available for use) due to turf management plans unless the surface of such field is in an unsafe condition. ARTICLE V Indemnification 5.01. Indemnification by the District. To the extent permitted by law, the District hereby indemnifies and holds the City harmless from and against any and all claims, demands, liabilities, and expenses, including attorney's fees, arising from the District's use of the Facilities, or from any act permitted, or any omission to act, in or about the Facilities by the District, or its officers, employees, independent contractors, agents, or invitees, or from any breach or default by the District of this Agreement, except to the extent caused by the City's gross negligence or willful misconduct. In the event any action or proceeding shall be brought against the City by reason of any such claim, the District shall defend the same at the District's expense by counsel reasonably satisfactory to the City. The provisions of this Section 5.01 shall survive any termination of this Agreement. 5.02. Indemnification by City. To the extent permitted by law, the City hereby indemnifies and holds the District harmless from and against any and all claims, demands, liabilities, and expenses, including, attorney's fees, arising from the issuance by the City of bonds to finance the Facilities, the City's use of the Facilities, or from any act permitted, or any omission to act, in, or about the Facilities by the City, or its officers, employees, independent contractors, agents, or invitees, or from any breach or default by the City of this Agreement, except to the extent caused by the District's gross negligence or willful misconduct. In the event any action or proceeding shall be brought against the District by reason of any such claim, the City shall defend the same at the City's expense by counsel reasonably satisfactory to the District. The provisions of this Section 5.02 shall survive any termination of this Agreement. -7- ARTICLE VI Dispute Resolution 6.01. Negotiation. If a dispute arises between the City and the District regarding this Agreement or the operation or maintenance of the Facilities, the District Superintendent and the City Manager, or their designees, must promptly meet and attempt in good faith to negotiate a resolution of the dispute. 6.02. Mediation and Arbitration. If the City and the District have not negotiated a resolution of the dispute within 30 days after this meeting, the parties may jointly select a mediator to facilitate further discussion. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, the dispute will be submitted to binding arbitration before a panel of three arbitrators in accordance with the commercial arbitration rules of the American Arbitration Association, except that disputes involving a monetary dispute in an amount less than $25,000 will be submitted to a single arbitrator. The parties will equally share the costs of conducting any mediation or arbitration, excluding each party's cost for preparation of its own case. 6.03. Specific Performance. In addition to the dispute resolution mechanisms contained in this section, each party may seek specific performance of the other party's obligations under this agreement. ARTICLE VII Miscellaneous 7.01. Relationship of Parties. The City and the District agree that it is their intention hereby to create only the relationships of licensor and licensee, and no provision hereof, or act of either party hereunder, shall ever be construed as creating the relationship of lessor and lessee, principal and agent, or a partnership, joint venture or enterprise between the parties hereto. ARTICLE VIII Administrative Provisions 8.01. Rights Cumulative. The rights and remedies of the City and the District under this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by such party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the party. No waiver made by either such party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any obligations of the other party. Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. In 8.02. Notices. All notices, certificates or other communications required to be given to the City and the Developer hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered or certified form with postage fully prepaid and addressed as follows: If to the City: City of Edina 4801 W. 50`h Street Edina, Minnesota 55424-1330 Attn: City Manager If to the District: Independent School District No. 273 5701 Normandale Road Edina, MN 55424 Attn: Superintendent The City and the District, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. 8.03. Amendments Changes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the City and the District. 8.04. Assignment. The City and the District may not assign their rights or obligations under this Agreement without the prior written consent of the other party. 8.05. BindingEffect. ffect. All of the covenants, conditions and agreements herein contained shall extend to, be binding upon, and inure to the benefit of the parties hereto and their respective permitted successors and assigns. 8.06. Severability. If any provisions of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 8.07. Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 8.08. Governing Law. This Agreement shall in all respects be governed by and interpreted under the laws of the State of Minnesota. 8.09. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope of intent of any provisions or sections of this Agreement. is N IN WITNESS WHEREOF, the City and the District have subscribed their names as of the day and year first above written. CITY OF EDINA By Its Mayor And Its City Manager INDEPENDENT SCHOOL DISTRICT NO. 273 (EDINA), MINNESOTA By Its Chairperson And Its Clerk -10- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by and , respectively, the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001 by and , the Chairperson of the School Board and the Clerk of the School Board of Independent, School District No. 273, a Minnesota independent school district, on behalf of the school district and pursuant to the authority granted by its School Board. This document was drafted by: Dorsey & Whitney LLP Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 -11- Notary Public EXHIBIT A Description of Facilities and Definitions of Certain Terms [Insert description of Facilities including definitions of the following: (i) ECC Auditorium; (ii) Concord Gymnasium; (iii) Dome; (iv) Kuhlman Field; (v) Outdoor Athletic Fields; (vi) South View Middle School Gymnasiums; (vii) Community Center Small Gymnasiums; (viii) South View Middle School Pool; (ix) Valley View Middle School Pool; (x) Valley View Middle School Gymnasiums and (xi) Black Box Theater.] ADDITIONAL INFORMATION ON THE PROPOSED BUBBLE AT KUHLMAN STADIUM 210 feet wide 380 feet long floor space of 79,800 square feet 65 feet high The bubble would be 13 feet lower than the light poles, 37 feet higher than the press box on top of the bleachers, and 86 feet lower than the existing water tower. The bubble would enclose the area within the track oval from three feet inside the track's running surface (east and west sides) and terminating ten feet beyond the football end zones (north and south). Initial cost of the bubble is estimated at $1,010,000. Annual operating costs are estimated at $35,000 plus staffing costs. Take down and set up per season is estimated at $13,000. The bubble would be set up in early November and taken down in March. The facility would be available for rent until 10:00 p.m. every day (7 days/week). To place a bubble at Braemar football/soccer field (north of Braemar East Arena) would cost: • $2,800,000 for a 380' by 200' bubble (an additional $1,790,000). • $2,351,000 for a 370' by 180' bubble (an additional $1,341,000). For comparison purposes: The Braemar site would require construction of a retaining wall, fire lane and a primary site access which contributes to the extra costs involved with locating a bubble at this site. 11 COST FOR COST FOR FIELD RESILIENT TURF BUBBLE & MISC. TOTAL Kuhlman Field $736,000 $1,010,000 $1,746,000 Braemar (large field) $684,000 $2,116,000 $2,800,000 Braemar (small field) $599,400 $1,751,600 $2,351,000 The Braemar site would require construction of a retaining wall, fire lane and a primary site access which contributes to the extra costs involved with locating a bubble at this site. 11 CITY OF EDINA BLUE RIBBON COMMITTEE REPORT & RECOMMENDATIONS Background Because of the size of the community's athletic programs, the City of Edina for several years has looked for ways to address a shortage of public gymnasiums and athletic fields. Many of the City's existing fields and general park infrastructure, constructed as many as 35 years ago, have never been upgraded or improved. As a result, there is an additional need for general park improvements. In late 1999 and early 2000, the City and Edina Public Schools conducted a study to determine the feasibility of constructing new recreational facilities and renovating others for use by the entire community. It is believed by staff and the Blue Ribbon Committee that it would be more effective and economical for the City and school district to work together to provide public facilities for the entire community to use. TSP One, Inc., Architects and Engineers prepared a pre -design study to construct a new fieldhouse at the Community Center, 5701 Normandale Road; improve existing gymnasiums, gymnasium support space and theater in the Community Center; renovate Kuhlman Field; improve the athletic fields at Edina High School; improve the gymnasium at South View Middle School; renovate the swimming pools at Valley View and South View middle schools; and construct an addition at Concord Elementary School that would contain a gymnasium and storage space. The Park and Recreation Department also identified many needs within the City's park system. In the spring of 2000, Minneapolis-based Decision Resources conducted a telephone survey in the City to determine if there was support for such a project. Although the survey determined that there was general support for such a project, respondents' answers showed a concern for "massing" at the Community Center site where Normandale French Immersion Elementary School is located. Although the Council considered a 2000 referendum for the proposed projects, members decided it would be best to commission a committee to study the issue further. In late May, the Blue Ribbon Committee was commissioned and charged with answering the following: • What is the need for additional gymnasiums, soccer fields and auditoriums in the City? • What other needs should be addressed? • Is there an opportunity to work with Edina Public Schools to meet the City's recreational needs? If so, how should such an arrangement be structured? • Are there other partnerships that should be made to provide recreational facilities? • Is it appropriate for some or all of the facilities to be located on school district property? Will the recommended package of facilities and improvements be acceptable to the community? After the Council appointed members, the committee began meeting in September. The group met biweekly initially, but found a need to meet weekly soon after to meet a year- end deadline imposed by the Council. Park and Recreation Director John Keprios and Assistant Park and Recreation Director Ed MacHolda served as staff liaisons to the committee. School district personnel, including Superintendent Ken Dragseth, assisted as needed. Committee members were Chairman Bob Christianson, Jeff Bohlig, Mary Brindle, Ted Brinkman, Kris Hayes, Doug Johnson, Chuck Mooty, Linda Presthus, Dan Rectenwald, Ann Swenson and Jim Van Valkenburg. Members represent various community groups including the Edina Park Board, Planning Commission, Normandale French Immersion Elementary School, athletic boosters, the senior community and the neighborhood around the Community Center. Information -Gathering Process Recent research by City staff has shown a need for additional gymnasiums, athletic fields and neighborhood park improvements. A need has also been documented for improvements to auditoriums in the community. The Blue Ribbon Committee reviewed those studies and surveys that demonstrate the needs. Edina Public Schools Superintendent Ken Dragseth appeared before the committee, discussing the school district's facility needs, which include classroom space, performing arts facilities, athletic fields and parking and renovations to the stadium, swimming pools and gymnasiums. The committee toured outdoor athletic fields in the community, including those at Braemar, Cornelia School, Countryside, Garden, Heights, Highlands, Lewis, McGuire, Pamela, Rosland, Todd, Weber and Wooddale parks, Concord Elementary School, Edina High School and the Edina Community Center. After hearing from City and school district staff and then seeing current facilities firsthand, the committee then heard from the City's many youth athletic associations to determine their needs. Over the course of three meetings, the committee met with Jr. Olympic Volleyball; Edina Basketball Association (in-house); Edina Basketball Association (traveling); Edina Girls Athletic Association (basketball, volleyball, flag football and team tennis); Edina Girls Traveling Basketball Association; Youth Club Field Sports (rugby and lacrosse); Edina Soccer Association (in-house); Edina Soccer Club (traveling program); Edina Football Association; Edina Baseball Association; Edina Youth Softball Association; Edina Girls Fastpitch Softball Association; Adult Field Sports (soccer and softball); Braemar City of Lakes Figure Skating Club; Braemar Arena; Edina Swim Club; Edina Athletic Department; Edina Athletic Boosters Club; and the Edina Art Center. The Committee employed the services of TSP One for the purpose of: 1. Analyzing alternative locations for gymnasiums. 2. Providing construction cost estimates for other recommended improvements. 3. Providing operational cost estimates for new gyms, pool, and recommended bubble. Among the gymnasium alternatives considered was a fieldhouse at Braemar Park. Projects on Edina Public Schools Property Kuhlman Field. The Committee recommends a $7.081 million renovation of Kuhlman Field, which includes adding artificial turf for use as a multi-purpose athletic field (football, soccer, lacrosse, rugby etc.), and an air -supported bubble structure over the artificial turf field. The proposed stadium project includes a new 5,000 -seat home bleacher, 1,500 -seat visitor bleacher, press box, new home entrance plaza and gate element at west entrance, new visitor gate at northeast corner, new pavement between storage/concession building and running track, new pavement under visitor bleacher for outdoor storage, relocation of existing concessions building on visitor side, locate satellites on visitor side, reconstruction and widening of track to eight lanes, one 70 -by - 300 foot and two 40 -by -100 foot storage buildings under the home bleachers, one 40 -by - 80 foot unheated concessions building with toilets, improve and upgrade lighting, and improve drainage and landscaping. The Committee asked staff to determine the possibility of erecting the bubble at the Braemar site or on the lower -level soccer fields at Edina High School. The Edina Fire Department determined that a bubble is not possible at Braemar because access does not meet the Fire Code. (There would not be enough room for fire trucks to turn around and maneuver.) The soccer fields at Edina High School are not in the flood plain as other playing fields are, but they are within the 100 -year flood marker. Artificial turf, which is needed for a bubble, would be significantly damaged if the fields ever flooded. At least one Committee member could remember seeing water standing on the fields in recent years. A suggestion was made to bubble the Middle Field — the field between the Community Center and South View Middle School. However, Committee members expressed concern with access, limited parking and the close proximity to the school and neighborhood. Because another suitable location could not be found, the Committee determined the best place for the bubble would be Kuhlman Field. In addition, it would be less expensive to build the bubble at Kuhlman because fencing and storage, among other things, are already in place. However, the Committee recommends that the bubble entrance be designed to minimize a potential adverse traffic affect on the neighborhood surrounding the Community Center. The school district supports the concept of the bubble if it is financially self-supporting. Edina Community Center Campus Improvements. The Committee recommends $1.334 million in improvements to the Edina Community Center campus including expansion of the middle parking lot, new pedestrian access pathway from the lower/east to upper/west campus and artificial turf at Middle Field. 4 Natural turf on the current field cannot withstand playing time by both school athletics and community athletics. The Committee recommends artificial turf on Middle Field in addition to Kuhlman Field to provide another playing field for City -sponsored activities. Additional parking and pedestrian pathways would complement other proposed projects at the Community Center. Edina High School Campus Improvements. The Committee recommends $2.611 million in improvements at the Edina High School campus including a 300 -by -280 square foot baseball field, a 220 -by -220 square foot softball field, a 200 -by -200 square foot softball field, two 360 -by -160 square foot soccer fields on the lower level, two 360 -by -160 soccer fields on the upper level and renovation of the main high school soccer field. Committee members emphasized that the lower level soccer fields must be created with the best natural turf possible and suggested staff further consult with the architects. The plan includes the installation of softball field lighting. The Committee prefers lighting the fields at Pamela Park rather than those at Edina High School. Lighting at Pamela Park is preferred because there are more fields there. Members expressed a concern that athletic fields need to be renovated to ensure that they are safe, durable, and able to weather floods. Members also pointed out that mosquitoes might be a problem if the high school fields are lit. If for some reason the Council chooses not to install lighting at Pamela Park, the Committee recommends lighting the high school fields. Lighting Pamela Park would cost approximately $160,000. Gymnasiums. After meeting with the various athletic associations, the Committee determined that there is a need for at least four additional gymnasiums in the City. The school district prefers two new gyms at Valley View Middle School, one gym at Concord Elementary School and one gym at South View. The Committee seriously discussed the possibility of building a four -gym fieldhouse at Braemar, but ultimately decided against it because of the high construction costs. Some Committee members said they felt the new gyms would be most utilized if they were attached to schools. (The gyms would be used during the day by students and during the evening by the community.) The Committee, therefore, recommends building two gyms at Valley View, one at Concord and one at South View. However, if Braemar is not used as the site for a southwest metro training center for public safety officials, the Committee recommends that it should be used for some recreational purpose. In addition, the Committee recommends improving the two existing gyms at the Edina Community Center and the adjoining lobby and concessions area and a gym at South View. The total project cost for the new and renovated gyms is estimated to be $8,120,600. Swimming pools. The Committee recommends a new $4.123 million 25 -meter swimming pool at Valley View Middle Schools with $1.503 million in new locker rooms and $150,000 concessions stand for the pool and gym complex and a $451,000 renovation of the existing pool at South View Middle School. The Committee also studied a proposal for a 50 -meter pool. The Edina Swim Club expressed a strong interest in constructing an indoor 50 -meter competition pool. It was determined that an indoor 50 -meter pool would definitely be used by the community for competitive swimming, swim lessons, aerobic swim classes, and public lap swimming, however, Committee members were concerned with the projected operating costs of a 50 - meter pool. The Committee determined that a 25 meter by 25 yard competition pool with an L -shape deep end diving -well with a removable bulk head was more than adequate to meet the identified needs. Black Box Theater, auditorium and lobby. The Committee recommends a $1.385 million renovation of the Edina Community Center auditorium and lobby and $1.6 million addition of a Black Box Theater at Edina High School. During Decision Resources' survey, it was found that there is large support for a community theater. The Committee determined that the Edina Community Center auditorium and lobby should be renovated. The theater should have proper lockdown security and at least 630 seats to accommodate Normandale French Immersion School's school population. Although the public will not be able to access the school from the theater or lobby, the Committee recommends that Normandale have direct access to the theater from inside the school. The Committee determined that the Community Center auditorium will not meet all of the community's performing arts needs. As a result, the Committee also recommends a "Black Box Theater" be built at Edina High School. A Black Box Theater is a smaller, more intimate theater in which seating can be set up for an audience as small as 10 or 20 and then rearranged for an audience of up to 300. A dance theater was also proposed for Edina High School, but the Committee does not recommend building such a facility. However, some Committee members stated that dance and related activities could be scheduled in a wood floor gymnasium. The middle gym at Valley View Middle School was specifically suggested as a dance activities site due to its small size. Projects in City Parks Most equipment and fields in the City's parks have not been replaced, upgraded or renovated since they were constructed in the 1960s and 70s. Nearly all park projects recommended by the Committee are such projects. ADA -compliant access paths to playground equipment. The Committee recommends $84,000 in ADA -compliant access paths to equipment in Arden, Birchcrest, Braemar, Countryside, Garden, Highlands, Strachauer, Tingdale, Todd, Walnut Ridge, Weber and Wooddale parks. Each path will cost approximately $7,000 to construct. Playground equipment replacement. The Committee recommends $765,000 in playground equipment replacement. Parks to receive equipment include Alden ($100,000), Heights ($100,000), Koj etin ($100,000), McGuire ($100,000), Normandale ($115,000), Pamela ($150,000) and Sherwood ($100,000). Ball field and grounds irrigation. The Committee recommends $375,000 in ball field and grounds irrigation. Such projects include Braemar soccer field ($15,000), Cornelia School little league field ($15,000), Cornelia School youth and adult softball fields ($40,000), Countryside west baseball field ($10,000), Courtney Ball Fields — Braemar field No. 4 ($15,000), Highlands soccer and softball fields ($50,000), Rosland baseball field ($20,000), three Lewis soccer fields ($60,000), Pamela senior and junior soccer fields ($40,000), Todd ($15,000), Tupa ($20,000), Weber softball and baseball fields ($60,000) and Wooddale ($15,000) Ball fields (new or renovated). The Committee recommends $1.589 million in new or renovated ball fields. Such projects include one new soccer field at Creek Valley ($54,000), renovation of Braemar soccer field ($180,000), renovation of Cornelia School little league field, youth softball and adult softball fields ($140,000), renovation of Courtney Ball Fields — Braemar field No. 4 ($100,000), renovation of Highlands senior soccer field ($180,000), renovation of Lewis east, west and central soccer fields ($540,000), renovation of Pamela senior soccer field ($180,000), reorientation of Rosland baseball field ($30,000), renovation of Todd softball field ($30,000), renovation of Weber baseball and softball fields ($95,000) and renovation of Wooddale baseball field ($60,000). Fencing. The Committee recommends $496,000 in fencing projects. Such projects include Bredeson perimeter fencing ($150,000), Cornelia School little league, youth and adult softball fields ($140,000), Countryside west baseball field ($40,000), Courtney Ball Fields — Braemar field No. 4 ($40,000), Rosland playground and picnic area and baseball field ($80,000), Weber baseball and softball fields ($40,000) and Wooddale softball field ($6,000). Shade covers for dugouts. The Committee recommends $6,000 in shade covers for dugouts. Each shade cover costs an estimated $400. Dugouts would be built at Cornelia School (3), Rosland, Normandale, Weber (2), Countryside, Garden (2), Highlands, Pamela (3), and Todd parks. Keyless entry system. The Committee recommends $59,000 be spent for a keyless entry system at Arden, Arneson, Braemar, Bredeson, Countryside, Creek Valley, Highlands, Normandale, Pamela, Utley and Van Valkenburg parks. With the exception of Arneson and Van Valkenburg parks, each keyless entry system will cost $5,000. It will cost approximately $7,000 for keyless entry systems at the other parks. Roof replacement. The Committee recommends $14,000 be spent for roof replacement at the Arneson Acres Park building and museum ($8,000) and the Bredeson Park "comfort station" ($6,000). Arneson Acres Park building. Besides the $8,000 for roof replacement, the Committee recommends $32,000 be spent there for steel siding and new windows. It is believed the siding and windows will make the building more efficient. Completion of Van Valkenburg Park. The Committee recommends $305,000 for the completion of Van Valkenburg Park. The project will include grading and landscaping and the addition of a hard surface court, a pathway, playground equipment, miscellaneous park equipment and three batting cages. Pathway repairs/additions. The Committee recommends $265,000 in pathway repairs or additions at Arneson, Cornelia School, Rosland and Walnut Ridge parks. Parking lot repairs/additions. The Committee recommends $650,000 in parking lot repairs or additions at Arneson, Rosland and Weber parks. The Committee denied a request from Park and Recreation Department staff for an improved entrance and identification sign for Arneson Park. Some Committee members said the new entrance with curb would be too costly to maintain. Baseball dugouts. The Committee recommends $80,000 in new baseball dugouts at Countryside Park and Courtney Ball Fields — Braemar field No. 4. • Edina Art Center. The Committee recommends $466,000 in improvements at the Edina Art Center, including expansion of the pottery room, expansion of the Clark gift shop and addition of a fire suppression system. Braemar Arena. The Committee recommends $450,000 in improvements at Braemar Arena, including relocation of the ice -resurfacing room, upgrade of the heating and dehumidification system in the east arena and addition of a fire suppression system. Edina Aquatic Center. The Committee recommends $1,500,000 in improvements at the Edina Aquatic Center, including replacing the worn water slide with two new water slides in a separate plunge pool, replace a one meter diving board with a cable ride, raise the depth of the lap pool to five feet, provide 4 new large umbrellas, 470 feet of new 8' perimeter fencing, equipment room expansion, landscaping improvements, add two new deck showers and expand deck space, add a sand play area with ramp access and shower control. Miscellaneous items. The Committee also recommended several individual items, including: • Replace Showmobile, $100,000 • Registration/scheduling software for Park and Recreation Department, $50,000 • Fire protection system at Tupa Park where the Grange Hall and Cahill School (both • on the National Register of Historic Places) are located, $50,000 • Replace concessions building at Courtney Fields, $800,000 • Renovate picnic shelter and pump house building at Sherwood Park, $40,000 • Replace maintenance garage at Courtney Fields, $30,000 • Lift station for sanitary sewer at Arneson Park for the greenhouse, $35,000 • Indoor furnishings including tables, chairs, computers and a sound system for the new Senior Center, scheduled to be complete in 2002, $225,000 • Development of an indoor skate park at the YMCA (a collaborative of the YMCA and the Cities of Edina, Bloomington and Richfield), $80,000 • Rebuild tennis courts at Walnut Ridge Park, $50,000 • General skating rink upgrade at Normandale Park, $8,000 The Committee denied a request for the addition of Edina High School varsity hockey locker rooms at Braemar Arena. Some Committee members said they saw the project as being beneficial to the school, but not the community at -large. Conclusion The Committee recommends the City Council proceed with a 2001 referendum for $37,121,600 in park and recreation facility improvements. The Blue Ribbon Committee recognizes that there are several projects that still need further study with regard to their projected construction costs. The Committee recommends that all of the proposed projects be included in a referendum. The attached schedules summarize the costs of the recommended improvements. Also attached is a schedule of the projects listed in priority, No. 1 being the highest priority project. The Blue Ribbon Committee has offered its services to the City Council if the Council chooses to alter the recommended projects (add or delete). The Committee is willing to review those alterations and make further recommendations if the Council so desires.